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Home My WebLink AboutItem C29 C29 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 August 20, 2025 Agenda Item Number: C29 2023-4388 BULK ITEM: Yes DEPARTMENT: Purchasing TIME APPROXIMATE: STAFF CONTACT: Julie Cuneo N/A AGENDA ITEM WORDING: Approval to award a 5-year contract to IEM, the second highest ranked respondent, as secondary contractor for Comprehensive Disaster Recovery and Grant Management Consulting Services, effective August 20, 2025. ITEM BACKGROUND: An RFP was advertised for Comprehensive Disaster Recovery and Grant Management Consulting Services on the County's bidding platform, Bonfire, beginning 5/30/2025. The RFP indicated that one or more contracts would be awarded. Bid opening took place on June 30, 2025 at 3 pm. Ten proposals were received from Berquist Recovery Consulting, CRS-V LLC, GrantWorks, IEM, Kimley-Horn and Associates, Inc., Ocelot AG LLC, Tetra Tech, Inc., The Write Direction, Tidal Basin Government Consulting, LLC, and Witt O'Brien's LLC. On July 14, 2025, the selection committee met and scored the proposals, with Tetra Tech, Inc. being ranked highest and IEM second highest. Staff decided to award two contracts, with Tetra Tech, Inc as primary contractor and IEM as secondary contractor. The secondary contractor is recommended by staff as an additional resource in the event of large or multiple disasters, services the primary contractor may not be able to provide, and unforeseen situations that would require the need for another contractor. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the advertisement of this RFP on June 15, 2022. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A New Contract STAFF RECOMMENDATION: Approval to award contract. 1646 DOCUMENTATION: Notice of Intent to Award Contract.pdf R-FP-594 - Rank-ing.pdf 2025 08 COI IEM FL AL WC CL PL exp 10.1.25 signed Redacted.pdf IEM International Inc Agreement Comprehensive Disaster Recovery and Grant Management Consulting Services 2025.pdf FINANCIAL IMPACT: This is an on-call contract that may be utilized by any County Department. The not-to-exceed amount is $5 million. Task Orders will be issued for specific projects with a Scope of Work and a not-to-exceed amount for that Task Order. The primary use is for Disaster Recovery Consulting, which is subject to reimbursement from disaster-related grants. Task Orders for other grant-related consulting will be subject to the budget of the department utilizing the services provided through this contract. 1647 �� BOARD OF COUNTY COMMISSIONERS County of Monroe �, °l Mayor James K.Scholl,District 3 The Florida Keys � Mayor Pro Tem Michelle Lincoln,District 2 �f Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Monroe County Purchasing Office Budget and Finance Department 1100 Simonton St. Ste 2-213 Key West, FL 33040 August 1, 2025 Notice of Intent to Award Contract Comprehensive Disaster Recovery and Grant Management Consulting Services RFP-594 To All Respondents: This letter will serve as notice of Monroe County's intent to award a contract at the August 20, 2025 Board of County Commissioners Meeting to Tetra Tech, Inc, the highest ranked respondent, as primary contractor; and with IEM International, Inc., the second highest ranked respondent, as secondary contractor. The secondary contractor is recommended by staff as an additional resource in the event of large or multiple disasters, services the primary contractor may not be able to provide, and unforeseen situations that would require the need for another contractor. Proposal responses for Comprehensive Disaster Recovery and Grant Management Consulting Services contract were received by the Monroe County Purchasing Department on June 30, 2025. Sincerely, Julie Cuneo Director--Purchasing and Contracts 1648 d� cfl Lw Lw Lw Lw .......................... !w; uu N 1.0 N N .......................... ............... Lw N N N N N N Cl) �I .......................... LLJ N N N LW ............................... .............................. W m ----------------- CL N N N N N N C 8tv W W W W b N .® ,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,, ....,.,.,.,. ,,,,,,,,,,,,,,,,,,,,,,,,,,,, y C 1-1 Om ININIOE MBE-01 LHAMLET WIk1LLlLlLYY'CYi IU CERTIFICATECERTIFICATEOF LIABILITY II�IS�IIIi ANCE DATE Q;M 025......... THIS CERTIFICATE IS IISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO(RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE (DOES NOT AFFIRMATIVELY OR NEGATIVELY AMIEINID, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IIN:SUIRER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must(have ADDITIONAL IINSURED provisions or be endorsed_ If SUBROGATION IS WAIVED, subject to the terms and conditions of the(policy,certain policies may require an endorsement. A statement on this certificate does not confer r:!.OVhts to the certificate holder to IieD of swclT endorsements) ...................................................................................................... PRODUCER CT Lori F. Hamllet Allera Group PHONE F IFAx 4131 Parda a Avenue,Suite 226 19 46927 NnI 919 47-49tU7 5.... ....................................................................... Raleigh,NIIC 27612 Ih mnlb t�rA lure mrl .........................................................................................................................................................:............................... . INsUs�IrLfwa•A I? anu Ilru �ira �a eaitam ..�1'I��.�.....................22 INSLLRED INSURER LG Travellers Pro(Ielrt L Casualty Colmlpany of America 25674 IEM International,Inc, INSURE U Landmark Ar'm ri fain Insurance 331 0 .................. 28011 Slater Rd,Ste 200 INsUI Fwa n �k l .Su�Irpl!u In ul ane c m n 2Fr 2.0 Morrisville,NC 27660 INstI�R�ER E IN�SNJRER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. THIis IS TO CERTIFY THAT THE IPCIL„IICDES OF INSURANCE LUSTED BELOW IHAVE BEEN(ISSUED TO TIHIF IINSURED NAMED ABOVE FOR THE POLICY PERIOD IINIDIICATED NOTWITHSTANDING ANY REQ!U IIREII SNIT, TERM OR CONDITION OF ANY CONTRACT ORCOHIEIRDOCIUIMENl 'KITHRESPECT To,WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED DiEREON IS SUBJECT TO ALL'THE TERMS, EXCLUSIONS AND CONDITiONS OF SUCHI POLICIES,LTMJIITS SHOWN 1Nmfi�AY HAVE SEEIMY REDUCED BY PAID CLAIMS, ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... IWSR ADDL SUI.IEIA POLICY EFIF POLICY EXP i TIC....... TYPE OF INSURANCE ...................INAi7L1(Y WW1rWLIN F$3............... .iI .IIM��IPI�.IFIYY"Y"Y'L.................................... LIMITS A X COMMERCIAL GENERAL L IABIILIITY EACH OCCURRENCE: S 1„000"000 CLAIINriS-MADE ,� OCCUR i DAMAGE n�RENTED' 6303R329314 1101112024 10111202'S S:.............. 1 000 000 T...............................................................10,,�000 PERSONA &ADV IINLLLRY S 1 000 000 GENO L AGGREGATE LIMIT APPLIES PER GENERAI AG"a iREGr,ATE S 2"0100' 00 POLICY 7C r ..... D CC.. EIIAPLOYEE BE. ...... ..S:.............. 3 000 000 J 2 �4 000 GT1 HFR S COMBINED SIINGLE ILIIhiIIIT 1 000 U100 AUTGIM08JLE LIABILITY IFd•G,TgGpgMm i S ANY AUTO X BA 3R329191 1I01112024 101112025 R LFiI•Y•I;N nILIIR I L��rTra�G�aw�l.. .�:..................................... OWNED SCHEDULED AUTOS,GIMY AUTOS � �DII•�IN:.nIJIR.?....�PDF,. Fmla;av%�.. : . .., qqyy ,N IEEp pf�a�I'ERT"M DAMAGE (ONLY JM.... I�TL1^ F�LFLM' (Par alf EGII ......... :................................. S B X UMBREILLAL.IAB X OCCUR EACH OCCURRENCE S 1I0„000,000 EXCESS(LIAR CLAIPAS MADE CUIP R'3fI905$' 1101112024 101112026 AG GRECATE S 110„000„00tI .................................................................................................................................................................................... ECJ RETEN Tr ..................................................................................................................................................................................................................................... X r 10 000 IEG TONS WOt Ri4ERS COMPENSATION �E'EI2 � I TIT AND EMPLOYEf6*FI E' ENE LIAE11IT'Y' STATMITF f EF4 an a PIE Y l IW UB3R326606 110/112024 101112026 1 000 000 ANY PR4�uPRIETkJOT!&'ARTNFRBE�"E4""�L��TII'�IE I L EACH A2"CIV'�I�IMT. .............. u MUIEpq(EXCLUDED? � N @ A lL� NH IE L V�II�E�A�nE-EA ENNVF'p 4GYIE�„ S 1"0 1 10 1 0'1 0 1 0 1 0 II yes,describe under ..... .... ...... ...... ................. .... 0 TESCRIF TOCN CF CPIERATiCNS Fa@aw E L.V II'FE,ASE POI ICY LIMIT S 1" � � Professiolnal/C ber LCYE(61481 1I0/112024 1101112025' D Excess ProflCyber P001100124667302 110/112024 101112026 DE:SCRIPTLCFN OF OPERATIONS I L,( ES iACCYRTG 101,Additional Remarks Schedu$e,ma be attached of more space is required) Monroe County,Florida Bowcrf Casunty CGrrnrnissirLlners are included l as additional rInsulreds with respects to General(Liability and Auta[nobille Liability if required by written contract. A 30 day notice of cancellation applies. APPROVED BY RI SN MANAGEMENT f BY DATE,_______________............................... ON ,CERTIFICATE HOLDER......... wWANVER NAA,.: ..YES.............. CANSLILATy ......................................................................................................... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Florida THE EXPIRATION (DATE THEREOF, NOTICE WILL BE DELIVERED IN: Monroe County ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Julie Culneo„(Director of IPurchasing S Contracts 1100 Simonton'Street,Sulte 2-213 Key West,FL 33040 AUTH1ORVED REPRESENTATIVE ACORD 26(2016103) Cc 1965-201 a ACOIRD CORPORATION, All Irights res-1650 The ACORD name and logo are reglistered marks of ACORD AGREEMENT FOR COMPREHENSIVE DISASTER RECOVERY AND GRANT MANAGEMENT CONSULTING SERVICES This Agreement ("Agreement") made and entered into this 20th day of August, 2025 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND IEM International, Inc. whose address is 5420 Wade Park Blvd., Suite 140 Raleigh, North Carolina 27607, its successors and assigns, hereinafter referred to as "CONTRACTOR" or "CONSULTANT", and designated as the secondary contract for these services. WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Comprehensive Disaster Recovery and Grant Management Consulting Services WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing Comprehensive Disaster Recovery and Grant Management Consulting Services which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: 1 1651 ARTICLE 1 1.1 REPRESENTATIONS By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by CONSULTANTs and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.3 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to their performance and those directly under their employ; The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT; At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.4 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 2 1652 ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon receipt of a written notice to proceed from the COUNTY. If the Task Order cannot be completed in advance of the Notice to Proceed the Consultant may, as approved by the County Administrator, perform work as directed and specified in an amount not to exceed $100,000. Task Orders may not exceed $100,000 without the approval or ratification of the BOCC. The Task order must contain a description of the services to be performed, the time period within which services must be performed, the estimated cost for the services to be performed under the task order and deliverables. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subcontractors, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Julie Cuneo Director Purchasing and Contracts 1100 Simonton Street, Suite 2-213 Key West, Florida 33040 And: Christine Hurley Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONSULTANT: Allison Veillette Senior Contract Administrator I EM International, Inc. 5420 Wade Park Blvd., Suite 140 Raleigh, North Carolina 27607 3 1653 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article III that may be provided by the CONSULTANT (provided for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement. A. Providing services of CONSULTANT for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4 1654 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION & HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or otherwrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 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 earlier termination of the Agreement. 5 1655 ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Molly Evancho Program Manager Alicia Boyette Project Manager Sam Cockrell Disaster Recovery Specialist II Jessica Gardner Grant Management Specialist Lead Zachariah Rodriguez Data Reporting Specialist Megan Bond Subject Matter Expert— Individual Assistance Pamela Patenaude Subject Matter Expert—HUD Mara Perez Torres Subject Matter Expert—FTA and EPA Jared Jakubowski Subject Matter Expert—CDBG DR So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION AND TERM 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement as specified in individual Task Orders based on rates negotiated and agreed upon and shown in Attachment A. 7.1.2 This contract has an estimated not-to-exceed amount of $5 million. Each Task Order will specify the lump sum or not-to-exceed amount for performance of services under each Task Order. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. A. If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; B. As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly 6 1656 rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require, including but not limited to back up documentation sufficient for reimbursement of expenses by FEMA or other governmental agencies. C. Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.70, Florida Statute. 7.3 REIMBURSABLE EXPENSES Rates shall be inclusive of all reimbursable expenses when working on site. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 -September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 7.5 TERM OF AGREEMENT 7.5.1 The effective date of this AGREEMENT shall be August 20th 2025. The term of the AGREEMENT shall be for a five-year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one- year increments for up to five years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. ARTICLE VIII INSURANCE AND BONDS 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for 7 1657 service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $500,000.00 combined single limit or if split limits, $250,000 per person, $500,000 per accident, and $50,000 property damage.. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. COUNTY shall be named as an additional insured and Certificate Holder with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. F. CONSULTANT shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. G. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. H. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. 8 1658 ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) calendar days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) calendar days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY 9 1659 terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement, which is$5 million. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon (30) calendar days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement, which is $5 million. E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals (RFP) , any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments ,and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 10 1660 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONSULTANT under a contractwith any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or CONSULTANT is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from the termination of this agreement or for a period of five (5) 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 ten (10) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); 11 1661 original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 9.10 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, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.11 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement.The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 12 1662 9.12 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.13 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.14 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.15 CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.17 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 13 1663 9.18 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Nondiscrimination: CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI 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 may be 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. Equal Employment Opportunity: The regulation at 41 C.F.R. § 60.1.4(b) requires, except as otherwise provided or exempted in 41 C.F.R Part 60, that all contracts that meet the definition of"federally assisted construction contract" in 1 C R 60-1.3 must include the equal opportunity clause as set forth below. During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by 14 1664 or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with 15 1665 respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter such litigation to protect the interests of the United States. The Applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 9.19 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 16 1666 9.20 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.21 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS. Public Records Compliance. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: 1) Keep and maintain public records that would be required by the County to perform the service. 2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 17 1667 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. 4) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the County's request for records,the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT , (305)292-3470 MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.23 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 18 1668 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.26 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.27 E-VERIFY In accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and 19 1669 current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.29 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.30 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.31 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix I I to 2 C.F.R. Part 200, as amended, including but not limited to: Clean Air Act and the Federal Water Pollution Control Act . Clean Air Act The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. Federal Water Pollution Control Act The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the (FDEM or other pass-through entity, if applicable), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. 20 1670 Suspension and Debarment This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at C.F.R. § 180.905) are excluded (defined at C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters. This certification is a material representation of fact relied upon by COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti-Lobbying Amendment, as amended, 31 U.S.C. & 1352. Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal agency. Procurement of Recovered Materials In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— a) Competitively within a timeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at Comprehensive Procurement Guideline (CPG) Program I US EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain 21 1671 recycled content, are biobased, or are energy and water efficient; and are sustainable. Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, as used in this clause— (b) Prohibitions. 1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. 1) This clause does not prohibit contractors from providing— i. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 22 1672 2) By necessary implication and regulation, the prohibitions also do not apply to: i. Covered telecommunications equipment or services that: a. Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. ii. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. 3) Reporting requirement. i. In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. ii. The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: a. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. b. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. Domestic Preference for Procurements The CONTRACTOR should, to the great extent practicable and consistent with the law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 23 1673 FEMA Recommended Contract Provisions. Upon the recommendation of FEMA, the Contract Provisions apply when any funding is awarded by FEMA for services under this Agreement. Access to Records The Contractor agrees to provide COUNTY, Florida Department of Emergency Management or other pass-through entity, if applicable, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. For Contracts Entered into After August 1, 2017, Under a Maior Disaster or Emergency Declaration In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the COUNTY and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Changes To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. Any changes to this Agreement must be approved in writing by written Amendment signed by both parties. DHS Seal, Logo, and Flags COUNTY must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials Compliance with Federal Law, Regulations, and Executive Orders and Acknowledgement of Federal Funding This is an acknowledgment that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures and directive. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY, contractor, or any other party pertaining to any matter resulting from the contract. 24 1674 Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Socioeconomic Contracting The Contractor is encouraged to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)(5) to ensure small businesses, minority businesses, women's business enterprises, veteran owned businesses, and labor surplus area firms are considered when possible. Copyright-License and Delivery of Works Subject to Copyright. The Contractor grants to the COUNTY, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the COUNTY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the (insert name of the recipient or subrecipient) data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the COUNTY. Build America, Buy America Act (BABAA) for Architectural and/or Engineering Contracts Build America, Buy America Act Preference. Contractors and subcontractors agree to incorporate the Buy America Preference into planning and design when providing architectural and/or engineering professional services for infrastructure projects. Consistent with the Build America, Buy America Act (BABAA) Pub. L. 11758 §§70901-52, no federal financial assistance funding for infrastructure projects will be used unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States Providing Good, Safe Jobs to Workers Creating Good Jobs. Pursuant to FEMA Information Bulletin No. 520, the contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the contractor commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment laws. The contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable. Buy Clean COUNTY encourages the use of environmentally friendly construction practices in the performance of this Agreement. In particular, COUNTY encourages that the performance of this agreement include considering the use of low-carbon materials which have substantially lower levels of embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration 25 1675 FDEM Funded Projects If this contract is funded by FDEM the following provisions shall apply. The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division) . The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. The Remainder of this Page Intentionally Left Blank 26 1676 ICJ WITNESS WHEREOF,OF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. COUNTY- (SEAL.) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA y: y: Deputy Clerk Mayor/Chairman Date: Witness for the Contractor: r, (Seal) CONTRACTOR: Att t: Signature Signatur rson authorized to legally bind Corporation Allison Veillette August 8, 2025 Date:August 8, 2025 Print dame Date Title:Senior Contract Administrator Keith Reynolds .. Print game � w � e ,,r,, Director Contract C) erations Signature Title Stephen Geist August 8, 2025 Print dame Date Title: Subcontract Administrator FND OF AGREEMENT" 27 1677 ATTACHMENT A SCOPE OF WORK AND PRICING FEMA Program Assistance Provide comprehensive support to the County in managing FEMA grant programs, including but not limited to the Public Assistance (PA) Program, Sheltering and Temporary Essential Power (STEP), and the Hazard Mitigation Grant Program (HMGP). Specific tasks include: • Program Guidance & Compliance o Provide expert guidance on FEMA programs, including policy interpretation and eligibility requirements. o Assist in developing and maintaining County policies to ensure compliance with FEMA and State of Florida regulations. • Grant Management & Documentation o Assist in the formation and coordination of a County team to manage FEMA Public Assistance and other eligible FEMA programs. o Provide support in preparing and submitting required correspondence to FEMA and the State of Florida. o Ensure accurate and timely documentation of eligible expenses and compliance with reporting requirements. • Funding & Project Management o Assist with preparing project worksheets (large and small) to ensure accurate scope of work, cost estimates, eligibility, and proper project categorization. o Support the development of hazard mitigation proposals, alternate projects, and improved projects that align with the County's long-term interests. o Assist with dispute resolution and appeals related to FEMA funding. o Monitor and help the County meet deadlines for documentation, appeals, project completion, and closeout. • Reporting &Audits o Provide periodic status reports to County management on FEMA Public Assistance progress and other relevant FEMA programs. o Support the County during final inspections and audits, ensuring all requirements are met. o Advise on risk management strategies to minimize de-obligation of FEMA funds. • Additional Support o Provide any other FEMA-related assistance as requested by the County. Federal and State Programs & Funding The consultant shall also provide comprehensive support for federal and state grant programs, ensuring compliance with relevant laws, identifying funding opportunities, and optimizing the County's grant management process. Specific tasks include: • Regulatory Compliance & Training o Ensure compliance with federal and state regulations, including 2 CFR Part 200, the Stafford Act, and other applicable guidelines. o Monitor and inform the County of regulatory updates that could impact grant funding. o Conduct training sessions for County staff on regulatory changes and grant management best practices. • Grant Identification &Application Support o Research and notify the County of new federal and state funding opportunities. o Assist with the preparation and submission of grant applications, proposals, and letters of intent. o Develop and refine grant narratives, budgets, and required supporting documentation. 28 1678 o Review and revise proposals for accuracy, compliance, and completeness before submission. • Grant Administration & Oversight o Conduct compliance reviews to ensure adherence to grant terms and conditions. o Assist with audit preparation and response to audit findings. o Develop tools, templates, and systems for grant reporting, tracking, and financial management. o Provide technical assistance for grant administration systems and software. • Additional Support o Offer strategic recommendations to enhance the County's grant acquisition and management capabilities. o Provide on-demand technical assistance for grant-related matters. Disaster-Related Services In addition to FEMA and grant-related consulting, the consultant may provide additional disaster recovery, preparedness, and resilience services upon request. These services may include but are not limited to: • Disaster Response & Recovery Planning o Assist with the development and implementation of disaster response and recovery plans. o Provide technical assistance for emergency response coordination and resource allocation. o Support the County in identifying and implementing best practices for disaster resilience. • Damage Assessments & Documentation o Assist in conducting post-disaster damage assessments to support funding requests. o Provide guidance on proper documentation of damages to ensure compliance with federal and state requirements. • Community Resilience & Mitigation Strategies o Assist in the development of long-term mitigation and resilience strategies to reduce the impact of future disasters. o Support the County in pursuing mitigation grants and funding opportunities to enhance community resilience. • Training & Capacity Building o Conduct training sessions for County staff on disaster preparedness, response, and recovery best practices. o Provide guidance on continuity of operations planning (COOP) to ensure essential government functions during and after disasters. • Provision of Human and Material Resources o Provide skilled personnel, such as project management teams and technical experts, to support disaster response and recovery efforts. o Deploy specialized resources, including drone technology for pre- and post-disaster assessments, data collection, and damage documentation. o Support the County with logistical planning, equipment coordination, and operational staffing as needed for emergency management activities. • Additional Support o Provide other disaster-related services as needed to support the County's emergency management and recovery efforts. DELIVERABLES The Task Order for each project will define the deliverables, which include, but are not limited to: • Monthly Progress Reports —Status updates on grant applications and compliance reviews. • Grant Application Packages —Completed and submitted proposals for targeted funding opportunities. 29 1679 • Compliance Reports- Documentation of compliance efforts and results of internal audits. • Training Materials -Guides and presentations for staff capacity-building. • Financial Reports- Reimbursement requests and expenditure tracking. PRICING Position Hourly Rate without Hourly Rate with Travel Travel Program Manager $190.00 $220.00 Project Manager $155.00 $185.00 Subject Matter Expert $220.00 $250.00 Data Reporting Specialist $100.00 $130.00 Data Reporting Lead $125.00 $155.00 Disaster Recovery Specialist 1 $95.00 $125.00 Disaster Recovery Specialist 11 $110.00 $140.00 Disaster Recovery Specialist 111 $135.00 $165.00 Disaster Recovery Specialist Lead $145.00 $175.00 Individual Assistance Specialist, 1 $95.00 $125.00 Individual Assistance Specialist, 11 $110.00 $140.00 Individual Assistance Specialist, 111 $135.00 $165.00 Individual Assistance Specialist, Lead $145.00 $175.00 Grant Management Specialist 1 $95.00 $125.00 Grant Management Specialist 11 $110.00 $140.00 Grant Management Specialist 111 $135.00 $165.00 Grant Management Specialist Lead $145.00 $175.00 Compliance Specialist 1 $75.00 $105.00 Compliance Specialist 11 $100.00 $130.00 Compliance Specialist 111 $115.00 $145.00 Compliance Specialist Lead $125.00 $155.00 Administrative Assistance $70.00 $100.00 Hazard Mitigation Specialist 1 $90.00 $120.00 Hazard Mitigation Specialist 11 $120.00 $150.00 Hazard Mitigation Specialist 111 $135.00 $165.00 Hazard Mitigation Lead $145.00 $175.00 Planner $120.00 $150.00 Lead Planner $135.00 $165.00 Environmental and Historical Preservation $115.00 $145.00 Specialist Environmental and Historical Preservation $145.00 $175.00 Lead *Hourly rate without travel does not include 'but-of-pocket" travel-related costs, such as travel, lodging, meals, etc. ** Hourly rate with travel includes lodging, per diem, and other travel-related costs. 30 1680 ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA s= IEM International, Inc. (Company) -warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation o Section of Ordinance No. 010-1990, For breach or violation oft is provision the County , in its discretion, terminate t is Agreement wi out liability and may also, in its discretion, deduct from Agreement r purchase rice® or otherwise recover, full amount of any fee, commission, ec to e, gift, or consideration pai to the former County officer or employee." w 6 @J(1r✓ � �,. .err°'"" a,^� / (Signa 30� � Date: June 25, 2025 STATE OF: L 0 U I S I A N A PARISH OF: EAST BATON ROUGE Subscribed and sworn to (or affirmed) before me, by means ofXphysical presence or❑ online notarization, on June 25, 2025 (date) by Keith Reynolds (name of affiant). He/She i personally =to me or has produced (type of identification) as identification. OT R,. IC V .¢t."� a ti t �o r4 c My Commission Expires: death i'1 tl stir 1�ii �iUp1I� a � rd4"."pP7sl .rflJV'�`"�4r s {I"1�, 50 1681 Nnm-COLLUSION AFFIDAVIT Keith enol s of the city of B ton Rougeaccording o law on my oath, and underpenalty of perjury, depose say that I am Director, Contract Operations and Compliance oft e firm o IEM International,Inc. the bidder making the Proposal for the project described in the Request for Proposals for Comprehensive Disaster Recovery and Grant Management Consulting Services and that I executed the said proposal with full authority to do sod . the prices in this bid have e n arrived at independently wi o collusion, consultation, communication or agreement fort e purpose of restricting competition, as to any matter relating such ricer with any other bidder or with any competitor; . unless otherwise required by law, the prices which have been quoted in this bid have of been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, it y or indirectly, to any other bidder or to any competitor; and 4. o attempt has been made or will be made by the bidder to induce any other erson, partnership r corporation to submit, or not to submit, a bidforte purpose of restricting competition', . the statements contained in thisaffidavit are truecorrect, and madei I knowledge that Monrp ty relies upon the truth of the statements contained in this affidavit i , for said roj ct. ,n (Signature),, :. e ,M r aa,� 5, 2025 Date: 04,q. wJI r STATE OF: LOUISIANA �Nli 00aw a PARISH OF: EAST BATON ROUGE Subscribed and sworn to (or affirmed) before me, by means of Xphysical presence or❑ online notarization, on June 25, 2025 (date) by Keith Re nolds (name of affiant). He/She i personally mown me or has produced {type of identification)as identification. w x�, �i�iti�xfi2gL aura �,�r TARY P13BLIC ., any .. 4 x 8 h�,Pra��4'kas 8%� ara �a'attY��ti aa 4ari 9�ds u ka4ir a h r do aatit� yi y�au t "w Y a„r death My Commission Expires: ." k 51 1682 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with FloridaStatute 287.087 r y certifies at: IEM International, Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such i itio . 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs, and the penalties that mayimposed o s for rug abuse violations. 3. Give each employee engaged in providingcommodities or contractual services that are under i copy of the statement specified in subsection ( ). 4. n the statement specified in subsection (1), notify the employees that, as a condition o working on the commodities or contractual services that are under bid, the employeeit abide the terms oft the statement will notify employer of any conviction o , or plea of guilty or nolo contenderre to, any violation of Chapter (Florida Statutes) or of any controlled substance la of the United States or any state, for a violation occurring in the workplace no later than five ( as after such conviction. . Impose sanction on, or require the satisfactory pa ici atio in a drugabuse assistance o rehabilitation program if such is available in the employee's community,or any employee who is so convicted. good faith effort to continue to maintain a drug-freeworkplace through implementation oft is section. As the person authorized to sign the statement, I certify a this firm complies fully with the above requirements. , SI natBpe u� r I� ,f 1 ,,,N at : June 25, 2025 STATE OF: LOUISIANA PARISH OF: EAST BATON ROUGE Subscribed and sworn to (or affirmed) before me, by means ofXphysical presence or❑ online notarization, on June 25, 2025 (date) by Keith Reynolds (name of affiant). He/She is ersonally know to me or has produced (type of ids 'fication)as identification. I TA `Y BLIC e.,w ors a � 'wok ....,, 10 �,��m''6 x �Aa,r dtid 'sv lr'4.d:�l 1��tl)n VUJQ'Zj rthl i�, ZY Commissi Expires: death 52 1683 STATEMENTPUBLIC ENTITY CRIME "A person or affiliate who has been placed on the convicted vendor list following conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity fort e construction or repair of a public buildingor public work, may not submit i s on leases of real property to public entity, may not be awarded r perform workas a contractor, supplier, subcontractor, or CONTRACTORunder a contract with any public entity, and may not transact business with any public entity in excess oft e thresholdamount provided in Section 287.017, for CATEGORY TWO for a periodo t s fro the date of beingplaced on the convicted vendor list I have read the above and state that neither IEM International, Inc, (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last o f s. ll,A. `.. r (Signature),, ,' y,,f Jane 2025 Late: STATE OF: LOUISIANA � �""`° PARISH OF: EAST BATON ROUGE Subscribed and sworn to (or affirmed) before me, by means ofX physical presence or❑ online notarization, on June 25, 2025 (date) by Keith Reynolds (name of affiant). He/She islemm=o me or has produced (type of identification) as identification. � Wa �� NOTARY P LIC i G w„4 rra Vli ��4i� eu Nica6 My Commission Expires: death 53 1684 VENDOR CERTIFICATION GA I G SCRUTINIZED COMPANIES LIST Project Descri tioll Comprehensive Disaster Recovery and Grant Management Corl Services Respondent Vendor Name: IEM International, Inc. Vendor FEW:: 72-1045664 Vendor's Authorized Representative Name and Title: Keith Reynolds, Director Contract Operations and Compliance Address: .5420 Wade Park Blvd. Suite 140 City: Raleigh State: North Carolina i 27607 . Phone Number: 919-990-8191 Email Address: Contracts@iem.com Section 287.135,Florida.Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel" Section 2 7.13 ,Florida Statutes,also prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba.or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties,attorney's fees,and/or costs.I further understand that any contact with the County may be terminated,at the option of the County,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba.or Syria. .ertifred By: Keith Reynolds ,who is authorized to sign on behalf of the above referenced company, Authorized Signatures Keith Reynolds Print Name: y Title: Director, Contract Operations and Compliance Note:The List are available at the following Department ofManagemint Ser awS/St to nlr lu .:U) Im w 4 .......rr�aa ,k,"i mw,it!W l rii.l .. ... 4:. wuM��ants` ,�^��dor lists 54 1685 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES EntityNendor Name: 1EM International, Inc. Vendor FEIN: 72-1045884 Vendor's Authorized Representative: Keith Reynolds, Director Contract Operations and Compliance Address: 5420 Wade Park Blvd. Suite 140 (Name and'Title itl City: Raleigh State: North Carolina Zip: 27607 Phone Number: 919-990-8191 Email Address: Contracts@iem.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity,Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As defined in Section 787,06(2)(a), coercion means: 14 Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial ha nn to any person.; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally,Vendor has reviewed Section 787,06, Florida Statutes, and agrees to abide by same. V Certified By: Keith Reynolds who is authorized to sign on behalf 9fthe above referenced company 14 01' Authorized Sig nature:---,e� Print Name:Keith Reynolds Title:Director, Contract Operations and ComplianceAliJ........ L......... 0, wW 55 1686 �0. 5� Minority a uusness Declaration IEM International, Inc. ,,a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise,as defined in Section 288.703,Florida.Statutes or —V—is not a minority business enterprise,as defined in Section 288,703,Florida Statutes. F.S.288.703(3) `Minority business enterprise"means any small business concern defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 5 I-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons,A minority business enterprise may primarily involve the practice of a profession,Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds 1 million.For purposes of this subsection,the to "related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit, F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-tune employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration (a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor mav refer to F.S.288.703 for more information. Contractor Sub-Reci lent: Monroe County Signature Signature _.............m........ Print Name: Keith Reynolds Printed Name: _ Title:Director,Contract Operations and Compliance "title/OMB Department: Verified via:https:ZJos .drr�s.�t tlorc ..coo directories Address:5420 Wade lark Blvd. Suite 140 DEM Contract: Raleigh, North Carolina 27607 City/State/Zip Date: June 25, 2025 FEMA Project Number: ,�W11 i�1,10 e / YhrJJrf 56 i r , �rJ ` 1687 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 1, Keith Reynolds of the city of Baton Rouge according to law on my oath, and under penalty of perjury, depose and say that: a. I am Director,Contract Operations and Compliance of the firm of 1EM International, Inc. ("Entity"), the bidder making the Proposal for the project described in the Request for Proposals for Comprehensive Disaster Bg2qygU_and_Grant Management Consulting Services and that I executed the said proposal with full authority to do so, b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the government of a Foreign Country of Concern, as that term is defined in F.S. 287.138, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. c. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: June 27, 2025 STATE OF: LOUISIANA PARISH OF: EAST BATON ROUGE Subscribed and sworn to (or affirmed) before me, by means of N physical presence or 0 online notarization, on June 27, 2025 --- by Keith Reynolds (name of affiant). He/Sh is personally known me or has produced 7type of identification) as identification. X44 NQ�_�RY PUB-Cit"' Nd)ry PuIfic L� My Commission Expires: death 1688 Respondent's Insurance and Indemnification Statement Insurance Reauirement Reauired Li it Worker's Compensation Statutory Limits Employer's Liability $1,000,000/$1,000,000/$1,000,000 General Liability $1,000,000 Combined Single Limit Vehicle Liability $500,000 Combined Single Limit per Occurrence, or if split limits, $250,000 per person, $500,000 per accident, and $50,000 property damage. IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses,damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 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 earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Keith Reynolds, ' DirectorContract Operations and Compliance °�°° Respondent Sign P0eh , ,iEJ rt'li,,,,, 57 dll� iJwJ`f� I Vol, x 1689 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Commercial 630 3R329314; Auto BA 3R329191; GL, No Deductible; Umbrella- No Deductible;WC Umbrella CUP 3R389058;Workers Comp UB3R28606 No deductible; Professional/Cyber- $50,000 deductible Professional Gyber LGYt5bZZd4; Excess Prof/cyber Auto - No deductible P00100124587307 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: Contractor: No waiver requested Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: 58 1690 County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: IEM International, Inc. RESPONDENT e--'----9IGNATURE Keith Reynolds, Director of Contract Operations 59 1691 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Monday, August 18, 2025 1:19 PM To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela Hancock; Senior Management Team and Aides; Liz Yongue; InternalAudit Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch- Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Kevin Madok; Valcheva-Svilena; Powell-Barbara; Guerra-Cynthia Subject: Item C29 BOCC 08/20/2024 REVISED BACKUP Attachments: c29 AIS 4388.pdf, IEM International Inc Agreement Comprehensive Disaster Recovery and Grant Management Consulting Services 8 20 25.pdf Good afternoon, Please be advised that the agenda item backup has been revised for item C29. "Approval to award a 5-year contract to IEM, the second highest ranked respondent, as secondary contractor for Comprehensive Disaster Recovery and Grant Management Consulting Services, effective August 20, 2025. " Sincerely, Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694(Cell) Courier Stop#1 Notary Public w.r o n r y e c_ u�n1y:�:V_e.gpy i».c z..- Y .�.. _rn groecou�_n�.Y..-.�..:.i» .Y. PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 C29 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 August 20, 2025 Agenda Item Number: C29 2023-4388 BULK ITEM: Yes DEPARTMENT: Purchasing TIME APPROXIMATE: STAFF CONTACT: Julie Cuneo N/A AGENDA ITEM WORDING: Approval to award a 5-year contract to IEM, the second highest ranked respondent, as secondary contractor for Comprehensive Disaster Recovery and Grant Management Consulting Services, effective August 20, 2025. ITEM BACKGROUND: An RFP was advertised for Comprehensive Disaster Recovery and Grant Management Consulting Services on the County's bidding platform, Bonfire, beginning 5/30/2025. The RFP indicated that one or more contracts would be awarded. Bid opening took place on June 30, 2025 at 3 pm. Ten proposals were received from Berquist Recovery Consulting, CRS-V LLC, GrantWorks, IEM, Kimley-Horn and Associates, Inc., Ocelot AG LLC, Tetra Tech, Inc., The Write Direction, Tidal Basin Government Consulting, LLC, and Witt O'Brien's LLC. On July 14, 2025, the selection committee met and scored the proposals, with Tetra Tech, Inc. being ranked highest and IEM second highest. Staff decided to award two contracts, with Tetra Tech, Inc as primary contractor and IEM as secondary contractor. The secondary contractor is recommended by staff as an additional resource in the event of large or multiple disasters, services the primary contractor may not be able to provide, and unforeseen situations that would require the need for another contractor. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the advertisement of this RFP on June 15, 2022. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A New Contract STAFF RECOMMENDATION: Approval to award contract. 1 DOCUMENTATION: Notice of Intent to Award Contract.pdf R-FP-594 - Rank-ing.pdf 2025 08 COI IEM FL AL WC CL PL exp 10.1.25 signed Redacted.pdf IEM International Inc Agreement Comprehensive Disaster Recovery and Grant Management Consulting Services 8 20 25.pdf FINANCIAL IMPACT: This is an on-call contract that may be utilized by any County Department. The not-to-exceed amount is $5 million. Task Orders will be issued for specific projects with a Scope of Work and a not-to-exceed amount for that Task Order. The primary use is for Disaster Recovery Consulting, which is subject to reimbursement from disaster-related grants. Task Orders for other grant-related consulting will be subject to the budget of the department utilizing the services provided through this contract. 2 AGREEMENT FOR COMPREHENSIVE DISASTER RECOVERY AND GRANT MANAGEMENT CONSULTING SERVICES This Agreement ("Agreement") made and entered into this 201h day of August, 2025 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC), AND IEM International, Inc.whose address is 5420 Wade Park Blvd., Suite 140 Raleigh, North Carolina 27607, its successors and assigns, hereinafter referred to as "CONTRACTOR" or "CONSULTANT", and designated as the secondary contract for these services. WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Comprehensive Disaster Recovery and Grant Management Consulting Services WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing Comprehensive Disaster Recovery and Grant Management Consulting Services which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: 1 ARTICLE 1 1.1 REPRESENTATIONS By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by CONSULTANTs and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.3 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to their performance and those directly under their employ; The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT; At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.4 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 2 ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon receipt of a written notice to proceed from the COUNTY. If the Task Order cannot be completed in advance of the Notice to Proceed the Consultant may, as approved by the County Administrator, perform work as directed and specified in an amount not to exceed $100,000. Task Orders may not exceed $100,000 without the approval or ratification of the BOCC. The Task order must contain a description of the services to be performed, the time period within which services must be performed, the estimated cost for the services to be performed under the task order and deliverables. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subcontractors, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Julie Cuneo Director Purchasing and Contracts 1100 Simonton Street, Suite 2-213 Key West, Florida 33040 And: Christine Hurley Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONSULTANT: Allison Veillette Senior Contract Administrator IEM International, Inc. 5420 Wade Park Blvd., Suite 140 Raleigh, North Carolina 27607 3 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article III that maybe provided by the CONSULTANT (provided for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement. A. Providing services of CONSULTANT for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION & HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier,their officers, employees, servants and agents. In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 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 earlier termination of the Agreement. 5 ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Molly Evancho Program Manager Alicia Boyette Project Manager Sam Cockrell Disaster Recovery Specialist II Jessica Gardner Grant Management Specialist Lead Zachariah Rodriguez Data Reporting Specialist Megan Bond Subject Matter Expert— Individual Assistance Pamela Patenaude Subject Matter Expert—HUD Mara Perez Torres Subject Matter Expert—FTA and EPA Jared Jakubowski Subject Matter Expert—CDBG DR So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION AND TERM 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement as specified in individual Task Orders based on rates negotiated and agreed upon and shown in Attachment A. 7.1.2 This contract has an estimated not-to-exceed amount of$5 million. Each Task Order will specify the lump sum or not-to-exceed amount for performance of services under each Task Order. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. A. If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; B. As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly 6 rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require, including but not limited to back up documentation sufficient for reimbursement of expenses by FEMA or other governmental agencies. C. Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.70, Florida Statute. 7.3 REIMBURSABLE EXPENSES Rates shall be inclusive of all reimbursable expenses when working on site. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive,and the COU NTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 -September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 7.5 TERM OF AGREEMENT 7.5.1 The effective date of this AGREEMENT shall be August 201h 2025. The term of the AGREEMENT shall be for a five-year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one- year increments for up to five years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. ARTICLE VIII INSURANCE AND BONDS 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for 7 service of process within the State of Florida. The coverage shall contain an endorsement providing sixty(60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $500,000.00 combined single limit or if split limits, $250,000 per person, $500,000 per accident, and $50,000 property damage.. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. COUNTY shall be named as an additional insured and Certificate Holder with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. F. CONSULTANT shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. G. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. H. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. 8 ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) calendar days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) calendar days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY 9 terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement, which is$5 million. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon (30) calendar days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement, which is $5 million. E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals (RFP) , any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments ,and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 10 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONSULTANT under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or CONSULTANT is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from the termination of this agreement or for a period of five (5) 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 ten (10) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); 11 original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 9.10 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, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.11 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement.The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 12 9.12 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.13 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.14 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.15 CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.17 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 13 9.18 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Nondiscrimination: CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI 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 may be 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. Equal Employment Opportunity: The regulation at 41 C.F.R. § 60.1.4(b) requires, except as otherwise provided or exempted in 41 C.F.R Part 60, that all contracts that meet the definition of"federally assisted construction contract" in 41 CR 60-1.3 must include the equal opportunity clause as set forth below. During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by 14 or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3)The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4)The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8)The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with 15 respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter such litigation to protect the interests of the United States. The Applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 9.19 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 16 9.20 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.21 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS. Public Records Compliance. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: 1) Keep and maintain public records that would be required by the County to perform the service. 2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 17 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. 4) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the County's request for records,the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT PUBLICRECORDS(a-),MONROECOUNTY-FL.GOV, (305)292-3470 MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.23 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 18 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.26 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.27 E-VERIFY In accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and 19 current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.29 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.30 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.31 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: Clean Air Act and the Federal Water Pollution Control Act . Clean Air Act The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. Federal Water Pollution Control Act The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the (FDEM or other pass-through entity, if applicable), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. 20 Suspension and Debarment This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905)are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters. This certification is a material representation of fact relied upon by COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti-Lobbying Amendment, as amended, 31 U.S.C. & 1352. Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal agency. Procurement of Recovered Materials In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— a) Competitively within a timeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at Comprehensive Procurement Guideline (CPG) Program I US EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain 21 recycled content, are biobased, or are energy and water efficient; and are sustainable. Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, as used in this clause— (b) Prohibitions. 1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. 1) This clause does not prohibit contractors from providing— i. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 22 2) By necessary implication and regulation, the prohibitions also do not apply to: i. Covered telecommunications equipment or services that: a. Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. ii. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. 3) Reporting requirement. i. In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. ii. The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: a. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. b. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. Domestic Preference for Procurements The CONTRACTOR should, to the great extent practicable and consistent with the law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 23 FEMA Recommended Contract Provisions. Upon the recommendation of FEMA, the Contract Provisions apply when any funding is awarded by FEMA for services under this Agreement. Access to Records The Contractor agrees to provide COUNTY, Florida Department of Emergency Management or other pass-through entity, if applicable, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. For Contracts Entered into After August 1, 2017, Under a Maior Disaster or Emergency Declaration In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the COUNTY and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Changes To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. Any changes to this Agreement must be approved in writing by written Amendment signed by both parties. DHS Seal, Logo, and Flags COUNTY must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials Compliance with Federal Law, Regulations, and Executive Orders and Acknowledgement of Federal Funding This is an acknowledgment that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures and directive. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY, contractor, or any other party pertaining to any matter resulting from the contract. 24 Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Socioeconomic Contracting The Contractor is encouraged to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)(5) to ensure small businesses, minority businesses, women's business enterprises, veteran owned businesses, and labor surplus area firms are considered when possible. Copyright -License and Delivery of Works Subject to Copyright. The Contractor grants to the COUNTY, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the COUNTY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the (insert name of the recipient or subrecipient) data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the COUNTY. Build America, Buy America Act (BABAA) for Architectural and/or Engineering Contracts Build America, Buy America Act Preference. Contractors and subcontractors agree to incorporate the Buy America Preference into planning and design when providing architectural and/or engineering professional services for infrastructure projects. Consistent with the Build America, Buy America Act (BABAA) Pub. L. 11758 §§70901-52, no federal financial assistance funding for infrastructure projects will be used unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States Providing Good, Safe Jobs to Workers Creating Good Jobs. Pursuant to FEMA Information Bulletin No. 520, the contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the contractor commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment laws. The contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable. Buy Clean COUNTY encourages the use of environmentally friendly construction practices in the performance of this Agreement. In particular, COUNTY encourages that the performance of this agreement include considering the use of low-carbon materials which have substantially lower levels of embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration 25 FDEM Funded Projects If this contract is funded by FDEM the following provisions shall apply. The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division) . The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. Breach Penalty and Damages During Emergency Recovery Period Effective January 1, 2026, and in accordance with F.S. 252.505, the Parties agree that if the Contractor/Consultant breaches this Contract for goods or services related to emergency response for a natural emergency during an emergency recovery period, the Contractor/Consultant shall pay Monroe County a penalty of Five Thousand Dollars ($5,000) and damages. In addition to the penalty, the Contractor/Consultant shall be liable for damages, which may be assessed, at the County's sole discretion, as either: 1. Actual and consequential damages suffered as a result of the breach; OR 2. Liquidated damages in the amount specified in this Contract. The remedies provided in this section are cumulative and are in addition to any other rights or remedies available at law or in equity. For purposes of this provision, "emergency recovery period" shall have the meaning assigned under F.S. 252.505. The Remainder of this Page Intentionally Left Blank 26 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. COUNTY- (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date,—....-- Witness for the Contractor: (Seal) CONTRACTOR: Att ;I g&nu&r e Signatpre'�bf person authorised to legally bind Corporation Brad Tiffee 08/15/2025 Date: 08/15/2025 Print Name Date Title: Chief Administrative Officer Keith Reynolds Print Name Director, Contract Operations and Compliance 0 Sig Sig tur Title4J Amy Stewart 08/15/2025 C�rint Name Date Title: Director of Human Resources Nlonfoe County Attorney END OF AGREEMENT Approved o5 to Fcion Arid ixgtd Sufficiency Donald Townsend,Jr As I isuml County Aftortin 11 Aug 14,2025,2A PM 27 ATTACHM ENT A SCOPE OF WORK AND PRICING FEMA Program Assistance Provide comprehensive support to the County in managing FEMA grant programs, including but not limited to the Public Assistance (PA) Program, Sheltering and Temporary Essential Power (STEP), and the Hazard Mitigation Grant Program (HMGP). Specific tasks include: • Program Guidance & Compliance o Provide expert guidance on FEMA programs, including policy interpretation and eligibility requirements. o Assist in developing and maintaining County policies to ensure compliance with FEMA and State of Florida regulations. • Grant Management & Documentation o Assist in the formation and coordination of a County team to manage FEMA Public Assistance and other eligible FEMA programs. o Provide support in preparing and submitting required correspondence to FEMA and the State of Florida. o Ensure accurate and timely documentation of eligible expenses and compliance with reporting requirements. • Funding & Project Management o Assist with preparing project worksheets (large and small) to ensure accurate scope of work, cost estimates, eligibility, and proper project categorization. o Support the development of hazard mitigation proposals, alternate projects, and improved projects that align with the County's long-term interests. o Assist with dispute resolution and appeals related to FEMA funding. o Monitor and help the County meet deadlines for documentation, appeals, project completion, and closeout. • Reporting &Audits o Provide periodic status reports to County management on FEMA Public Assistance progress and other relevant FEMA programs. o Support the County during final inspections and audits, ensuring all requirements are met. o Advise on risk management strategies to minimize de-obligation of FEMA funds. • Additional Support o Provide any other FEMA-related assistance as requested by the County. Federal and State Programs & Funding The consultant shall also provide comprehensive support for federal and state grant programs, ensuring compliance with relevant laws, identifying funding opportunities, and optimizing the County's grant management process. Specific tasks include: • Regulatory Compliance & Training o Ensure compliance with federal and state regulations, including 2 CFR Part 200, the Stafford Act, and other applicable guidelines. o Monitor and inform the County of regulatory updates that could impact grant funding. o Conduct training sessions for County staff on regulatory changes and grant management best practices. • Grant Identification &Application Support o Research and notify the County of new federal and state funding opportunities. o Assist with the preparation and submission of grant applications, proposals, and letters of intent. o Develop and refine grant narratives, budgets, and required supporting documentation. 28 o Review and revise proposals for accuracy, compliance, and completeness before submission. • Grant Administration & Oversight o Conduct compliance reviews to ensure adherence to grant terms and conditions. o Assist with audit preparation and response to audit findings. o Develop tools, templates, and systems for grant reporting, tracking, and financial management. o Provide technical assistance for grant administration systems and software. • Additional Support o Offer strategic recommendations to enhance the County's grant acquisition and management capabilities. o Provide on-demand technical assistance for grant-related matters. Disaster-Related Services In addition to FEMA and grant-related consulting, the consultant may provide additional disaster recovery, preparedness, and resilience services upon request. These services may include but are not limited to: • Disaster Response & Recovery Planning o Assist with the development and implementation of disaster response and recovery plans. o Provide technical assistance for emergency response coordination and resource allocation. o Support the County in identifying and implementing best practices for disaster resilience. • Damage Assessments & Documentation o Assist in conducting post-disaster damage assessments to support funding requests. o Provide guidance on proper documentation of damages to ensure compliance with federal and state requirements. • Community Resilience & Mitigation Strategies o Assist in the development of long-term mitigation and resilience strategies to reduce the impact of future disasters. o Support the County in pursuing mitigation grants and funding opportunities to enhance community resilience. • Training & Capacity Building o Conduct training sessions for County staff on disaster preparedness, response, and recovery best practices. o Provide guidance on continuity of operations planning (COOP) to ensure essential government functions during and after disasters. • Provision of Human and Material Resources o Provide skilled personnel, such as project management teams and technical experts, to support disaster response and recovery efforts. o Deploy specialized resources, including drone technology for pre- and post-disaster assessments, data collection, and damage documentation. o Support the County with logistical planning, equipment coordination, and operational staffing as needed for emergency management activities. • Additional Support o Provide other disaster-related services as needed to support the County's emergency management and recovery efforts. DELIVERABLES The Task Order for each project will define the deliverables, which include, but are not limited to: • Monthly Progress Reports — Status updates on grant applications and compliance reviews. • Grant Application Packages —Completed and submitted proposals for targeted funding opportunities. 29 • Compliance Reports - Documentation of compliance efforts and results of internal audits. • Training Materials - Guides and presentations for staff capacity-building. • Financial Reports - Reimbursement requests and expenditure tracking. PRICING Position Hourly Rate without Hourly Rate with Travel Travel Program Manager $190.00 $220.00 Project Manager $155.00 $185.00 Subject Matter Expert $220.00 $250.00 Data Reporting Specialist $100.00 $130.00 Data Reporting Lead $125.00 $155.00 Disaster Recovery Specialist 1 $95.00 $125.00 Disaster Recovery Specialist 11 $110.00 $140.00 Disaster Recovery Specialist 111 $135.00 $165.00 Disaster Recovery Specialist Lead $145.00 $175.00 Individual Assistance Specialist, 1 $95.00 $125.00 Individual Assistance Specialist, 11 $110.00 $140.00 Individual Assistance Specialist, 111 $135.00 $165.00 Individual Assistance Specialist, Lead $145.00 $175.00 Grant Management Specialist 1 $95.00 $125.00 Grant Management Specialist 11 $110.00 $140.00 Grant Management Specialist 111 $135.00 $165.00 Grant Management Specialist Lead $145.00 $175.00 Compliance Specialist 1 $75.00 $105.00 Compliance Specialist 11 $100.00 $130.00 Compliance Specialist 111 $115.00 $145.00 Compliance Specialist Lead $125.00 $155.00 Administrative Assistance $70.00 $100.00 Hazard Mitigation Specialist 1 $90.00 $120.00 Hazard Mitigation Specialist 11 $120.00 $150.00 Hazard Mitigation Specialist 111 $135.00 $165.00 Hazard Mitigation Lead $145.00 $175.00 Planner $120.00 $150.00 Lead Planner $135.00 $165.00 Environmental and Historical Preservation $115.00 $145.00 Specialist Environmental and Historical Preservation $145.00 $175.00 Lead *Hourly rate without travel does not include 'but-of-pocket" travel-related costs, such as travel, lodging, meals, etc. ** Hourly rate with travel includes lodging, per diem, and other travel-related costs. 30 ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ffIEM International, co (Company) ... warrants thathe/it has not employed, retained or otherwise had act on his/heral y former County officer oremployee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation o Section of Ordinance No. 010-1990, Forbreach or violation oft is provision the County may, in its discretion, terminate this Agreement it out liability and may also, in its discretion, deduct from Agreement or purchase rice, or otherwise recover, the full amountof any fee, commission, e c n a e, gift, or consideration pai tot e former County officer oremployee." i ,tirr fr rK owGrlll FSignat ) .. Date: June 25, 2025 r�rvf..G i � STATE OF: L0UISIANA PARISH OF: EAST BATON ROUGE Subscribed and sworn to (or affirmed) before me, by means ofXphysical presence or❑ online notarization, on June 25, 2025 (date) by Keith Reynolds (name of affiant). He/She i personally =to me or has produced (type of identification) as identification. OTARY P141C fMy Commission Expires: death ,�F, 4 ut��'�ViPi Y JVu Gar f'rt�k"� ��f¢sx°riFi r�ti�w 50 lo,Keith Reynolds of the city of BatonRouge according to law on my oath, and under e a of perjury, depose and say that I am Director, Contract Operations and Compliance oft the firm of IEM International,Inc. the bidder akin the Proposal forte project describedin t euet for ro osals for Comprehensive Disaster Recovery and Grant Management Consulting Servl s an that I executed the said proposal _with full authority to do sold ® the prices in this bid have been arrived at independently wit out collusion, consultation, communication or agreement forte purpose of restricting competition, as to any matter relating to such prices with any other bidder or with anycompetitor; . unless otherwise required , the prices which have been quotedin this bid have of been knowingly disclosed i er and will not knowingly be disclosed by the bidder rior to bid opening, it or indirectly, to any other bidder or to any competitor; and 4. no attempt as 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 forte purpose o restricting competition; 5. the statements contained in this affidavit r r correct, and made with II knowledge that Monrqp,,CQtmty relies upon the truth oft the statements contained i this affidavit to a t a ��' for said project. �o � (Signature),, ate: June 25, 2025 STATE OF: LOUISIANA PARISH OF: EAST BATON ROUGE Subscribed and sworn to (or affirmed) before me, by means of Xphysical presence or❑ online notarization, on June 25, 2025 (date) by Keith Re Holds (name of affiant). He/She i ersonallr known me or has produced (type of identification)as identification. OTARY PT3BLIC �YiA aC"r pntiti4 M Commission Expires: death y 51 DRUG FREE WORKPLACE FORM ®The undersigned vendor in accordance with Florida Statute287.087 ere y certifies that: IEM International, Inc. (Name ofBusiness) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in theworkplace and specifying the actions that will be taken againstemployees for violations of such ro i itio . . Inform employees aboutte dangers of drugabuse in the workplace, the business' policy o maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed employees for drug abuse violations. . Give each employee engaged in providingcommodities or contractual services that are under i s copy of the statement specified in subsection ( ). 4. In the statement specified in subsection (1), notify the employees that, as a condition o working on thecommodities or contractual services that are under bid, the employee will abide y the terms oft the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida t tut s) or of any controlled substance law of the UnitedStates or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory ici ion in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. e a good faitheffort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. `t i r'�F 4 � � F h �tlm Q�p (Signatu Date: June 25, 2025 STATE OF: LOUISIANA PARISH OF: EAST BATON ROUGE Subscribed and sworn to (or affirmed) before me, by means ofXphysical presence or❑ online notarization, on June 25, 2025 (date) by Keith Reynolds (name of affiant). He/She is ersonally knowr to me or has produced {type of ids fication)as identification. .r.mm.,. TA )BLIC lka-w�1 7 uv � Urr 9�T S^tit£ `ui� death . � ' 45,4 � �illl�£f' , '" " 1f£4V14 i„i�'d15 '�i£'hall lkf A6'',.... 'Nffij D f SZ i STATEMENTPUBLIC ENTITY CRIME "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity fort the construction or repair of a public buildingor public work, may not submit ids on leases of real property to public entity, not be awarded or perform works a contractor, supplier, subcontractor, or CONTRACTOR nder a contract with any public entity, and may not transact business with anypublic entity in excess of the thresholdamount provided in Section 287.017, for CATEGORY TWO for a periodof 36 months fro the date of being placedon the convicted vendor list." I have read the above and state that neither 1EM International, Inc. (Respondent's name) nor any Affiliate has been placedon the convicted vendor list within the last 36 months. vliwi�r ��r, PhA"'k P I (Si nat re) [date: Jun 2p2 STATE OF: LOUISIANA PARISH OF: EAST BATON ROUGE Subscribed and sworn to (or affirmed) before me, by means ofX physical presence or❑ online notarization, on June 25, 2025 (date) by Keith Reynolds (name of affiant). He/She isimmm=o me or has produced (type of identification) as identification. 4 �tii ro4flu;:e Ga�ti .74ts,u NOTARY P iIC u I n �lui�ri��nazrx+�� a s�1�Y ire `� ti'9 6u,�6 4C^ "lu4'allr��t;p Ib'ly Commission Expires: death ri�t��gu�N9Cg9f U�ti $ r1a4'a� arraKr�S6)n 4 rrpP r,r^ g b), 53 VENDOR CERTIFICATION REGARDING SCRUTINIZED CC? FAMES LIST Project Description(s):_Comprehensive Disaster Recovery and Grant Management Consulting Services Respondent Vendor Name: I M International, Inc. Vendor FB : 72-1045664 Vendor's Authorized Representative Name and Title: Keith Reynolds, Director Contract Operations and Compliance Address: 5420 Wade Park Blvd. Suite 140 City: Raleigh State: North Carolina Zip: 27607 Phone Number: 919-990-8191 Email Address: Contracts@iem.com Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135,Florida Statutes,also prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Fists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled i6Respondent Vendor e" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,0 0,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 27.135, Florida Statutes, the submission of a false certification may subject company to civil penalties,attorney"s fees,and/or costs.I further understand that any contract with the County may be terminated,at the option of the County,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: KLaoh Reynolds ,who is authorised to sign on behalf of the above referenced company. Authorized Signature: Holds H v r � i,d iUily "� Print e �eithe Reynolds Title: Director, Contract Operations and Compliance Dote The List are available at the following Department ofMana ement Se'r 6 florida_x4klln/b;II si w e 11 a�d Vw"w l"1 ?61 �a .7�q ?Y" $ iflkdd' 1@ ff ii�d I� "�u �— ... 1iagidvd di scrim n ow(m), .�.arrm.l?.ia. ms vtradair.�wlo tl o" 54 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: 1EM International, Inc. Vendor FEIN. 72-1045884 Vendor's Authorized Representative: Keith Reynolds, Director Contract Operations and Compliance Address: 5.420 Wade Park Blvd. Suite 140 (Name and Title) City: Raleigh State: North Carolina Zip: 27607 Phone Number: 919-990-8191 Email Address: Contracts@iem.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity,Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document,of any person; 5. Causing or threating to cause financial harm to any person.; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787-06, Florida Statutes, and agrees to abide by same. Certified By: Keith Reynolds who is authorized to sign on behalf 9, fthe above referenced compa :V'", Authorized Signature- . ............. Print Name:Keith Reynolds Title:Director, Contract Operations and Compliance �n.o �d 4, if 55 i inoritw Owned Business Declaration IEM International, Inc, _,a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) .----.is a minority business enterprise,as defined in Section 288.703,Florida Statutes or :v_is not a minority business enterprise,as defined in Section 288.703,Florida Statutes. ES.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 5 I-pereent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or stational origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons,A minority business enterprise may primarily involve the practice of a profession,Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the to "related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit, F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small business Administration (a)certification,As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments, Contractor mav refer to F,S,288.703 for more information. Contractor Sub-Recipient: Monroe County Signature-,"'""' Signature Print Name: Keith Reynolds Printed Nance: Title:Director,Contract Operations and Compliance Title/OMB Department: �.._�. Verified via: httos://osd.dms.myflorida.com/directories Address:5420 Wade Park Blvd. Sups 140 ITEM Contract: Raleigh, North Carolina 27607 City/State/Zip Date: Jun 25, 2025 FEMA Project Number: a U)1,Al'a 11 a ar�r D , 56 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 1, Keith Reynolds of the city of Baton Rouge according to law on my oath, and under penalty of perjury, depose and say that, a. I am Director,Contract Operations and Compliance of the firm of IEM International, Inc, ("Entity"), the bidder making the Proposal for the project described in the Request for Proposals for Comprehensive Disaster Recover and Grant many .arrlcrst cor�sa�ltin eresi s and that I executed the said proposal with full authority to do so; b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the government of a Foreign Country of Concern, as that term is defined in F.S. 287.138, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. c. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: June 27, 2025 STATE OF: LOUISIANA PARISH OF: FAST BATON ROUGE Subscribed and sworn to (or affirmed) before me, by means of N physical presence or 0 online notarization, on June 27, 2025 by Keith Reynolds (name of affiant). He/SA, is personally known me or has produced type o identification) as identification. N I Bratfley Layre T'iffee "�RY 0 BL East[Ilatw Rv gt,,,Raras h i t auWWm death My Commission Expires: P P,4c 1,311454 ........... Respondent's Insurance and Indemnification Statement Insurance Reauirement Reauired Li its Worker's Compensation Statutory Limits Employer's Liability $1,000,000/$1,000,000/$1,000,000 General Liability $1,000,000 Combined Single Limit Vehicle Liability $500,000 Combined Single Limit per Occurrence, or if split limits, $250,000 per person, $500,000 per accident, and $50,000 property damage. IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses,damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 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 earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. D�ectorCotract Op p Operations and Compliance Or,r, ith Y Respondent k CY 57 Nr10orla, f ��1'0lm '�` INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Commercial 630 3R329314; Auto BA 3R329191; GL, No Deductible; Umbrella- No Deductible;WC Umbrella CUP 3R389058;Workers Comp UB3R28606 No deductible; Professional/Cyber- $50,000 deductible Professional Gyber LGYdbZZ64; Excess Prof/cyber Auto- No deductible P00100124587307 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: Contractor: No waiver requested Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: 58 County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: IEM International, Inc. RESPONDENT .-----.--9IGNATURE Keith Reynolds, Director of Contract Operations 59