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Backup Documents 04/09/2024 Item #16C 4 (Tetra Tech, INC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO RECEIVED THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the CciiiiiPA0o914024 Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than;Monday preceding the Board meeting. **NEW** ROUTING SLIP Risk Management Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date / 1. Risk Risk Management 4/l/( 2. County Attorney Office County Attorney Office SA k(fid, ` b/z 4. BCC Office Board of County Commissioners _CA 4 833 Li/qvY 4. Minutes and Records Clerk of Court's Office 5. Procurement Services Procurement Services T PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Osmanis Nieves Borjas/Procment Contact Information 239-252-2220 Contact/Depattiitent ✓✓ Agenda Date Item was April 9, 2024 Agenda Item Number AGENDA#16.C.4 1, Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 123-81241 VENDOR NAME number if document is Tetra Tech, INC Tetra Tech, INC to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be ONB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the ONB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ONB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8• The document was approved by the BCC on April 9, 2024and all changes made a during the meeting have been incorporated in the attached document. The County 9Q v'7 + l0• fbr c► Attorney's Office has reviewed the changes,if applicable. ✓` tXs lute. 9. Initials of attorney verifying that the attached document is the version approved by the ei % xtOt BCC, all changes directed by the BCC have been made,and the document is ready for the -5AfIjrj �O hph fox Chairman's signature. line, 16C4 FIXED FEE PROFESSIONAL SERVICE AGREEMENT # 23-8124 for DEBRIS MONITORING AND DISASTER PLANNING SERVICES THIS AGREEMENT, made and entered into on this 1 day of Pp , 20 24 , by and between Tetra Tech, Inc. authorized to do business in the State of Florida, whose business address is 2301 Lucien Way, Ste. 120, Maitland, FL 32751 ,(the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be for a five ( 5 ) year period, commencing ❑ upon the date of Board approval; or ❑■ on July 8, 2024 ,and terminating on five ( 5 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one ( 1 ) additional five ( 5 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order ❑ ❑ Work-Oder- 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑■ Request for Proposal (RFP) lavitatieR-4e B-} ❑ Other ( } # 23-8124 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. • The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 15 Fixed Price Professional Service Agreement [2023_ver.2] 16C4 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ ; in Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). Page 2 of 15 67.)' Fixed Price Professional Service Agreement [2023_ver.2] 16C4 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Tetra Tech, Inc. Address: 2301 Lucien Way, Ste. 120 Maitland, FL 32751 Authorized Agent: Jonathan Burgiel, Business Unit President Attention Name & Title: Betty Kamara, Contractual Representative Telephone: (321) 441-8500/ (407) 803-2551 E-Mail(s): TDR.Contracts@tetratech.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Solid and Hazardous Waste Management Division Director: Kari Hodgson Address: 3339 Tamiami Trail East, Bldg H, Suite 302 Naples, FL 34112 Administrative Agent/PM: Vanessa Caporale Telephone: (239) 252-5158 E-Mail(s): vanessa.caporale@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 15 Fixed Price Professional Service Agreement [2023_ver.2] 0)0 16C4 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4:-6 ❑ shall be rcimbursed as per Section 112.061 Fla. Stats. Mileage $0.44.5 per mile Breakfast $6.00 Lunch Dinner $18.00 Aiffare Actual ticket cost limited to tourist or coach class faro dal-say Actual rental cost limited to compact or standard size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Pafking Actual cost of parking Taxi or Airport Limousine telephone long distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3of15 Fixed Price Professional Service Agreement [2023_ver.2] 04D 1 6 C4 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $4,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑■ Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ■0 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5of15 Fixed Price Professional Service Agreement [2023_ver.2] d iO 16C4 The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. legal liability for claims arising out of the performance of profcscional service:, undcr this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not les than $ each claim and aggregate. ❑ Cybor Liability Coverage shall have minimum limits of $ per occurrence. ❑ . of$ per occurrcncc. £� ❑ Watercraft: Coverage shall have minimum limits of $ per ❑ ' be maintained where applicable to the completion of the work $ per occurrcncc. ❑ Coverage--shall h-raye minimum limits of $ per occurrence. j ❑ Contractor's Professional Liability (other): Coverage shall have minimum limits of$1,000,000 per occurrence. K. ❑ (other): Coverage shall have minimum limits of$ per occurrence. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, Page 6 of 15 Fixed Price Professional Service Agreement [2023_ver.2] C�'0a 16C4 cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid and Hazardous Waste Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), aExhibit A Scope of Services, Exhibit B Fee Schedule, aRFP/ ❑ fTB/ ❑ Othcr ( ) #23-8124 , Page 7 of 15 Fixed Price Professional Service Agreement [2023_ver.2] Od° 16C4 including Exhibits, Attachments and Addenda/Addendum, ❑■ subsequent quotes, and ■❑ Other Exhibit/Attachment: Federal Contract Provisions and Assurances . 17. APPLICABILITY. Sections corresponding to any checked box (M ) will expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statue, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(colliercountyfl.gov Page 8 of 15 Fixed Price Professional Service Agreement [2023_ver.2] Od7 1 6 C4 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. Page 9 of 15 Fixed Price Professional Service Agreement [2023_ver.2] 0d7 16C4 24. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 25. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 26. ❑ ' this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of thc Agreement. The Contractor shall assign as many people as necessary to complete thc services on a timely basis, and each person assigned sha Personnel unless the following conditions are met: (1) Proposed replacements have 0 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 27. ❑ ORDER OF-PREC€DENCE In the event of any eeRfliet between er ameng the terms of any of the Contract Documents, the terms of solicitation the Contractor's Documents shall take precedence. ■❑ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board Page 10 of 15 Fixed Price Professional Service Agreement [2023_ver.2] pd , 1 6 C4 approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 28. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPSCa�colliercountyfl.gov)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. (Intentionally left blank-signature page to follow) Page 11 of 15 Fixed Price Professional Service Agreement [2023_ver.2] EV) 1 6 C4 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Crystal K. Kinze,•Cter.Ic,of the Circuit Court and co i , .'"oiler By: ;:,__ ABy: "71/ Chris CAt•jaaii,cair Dated: f:; ca. . (SEA - .t+afs to Chairman's signature only Contractor's Witnesses: Tetra Tech, Inc. Contractor ov t2 _ By: Contractor's First Witness Si ure a'Ot ,, Jonathan Burgiel,Business Unit President cv 1 ler-c.04 ,4 e TType/print signature and titleT TT,ype/print witness name? '( ' Cont-ac s Second Witness CCU TType/pint witness name Approved a t -nd Legality: gi . � 5� 0, A . ey a P r i a Page 12 of 15 Fixed Price Professional Service Agreement [2023_ver.2 j 0 No 1 6 C4 Exhibit A Scope of Services ❑■ following this page (containing 9 page/s) ❑ this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement [2023_ver.2] °VD 1 6 C4 EXHIBIT A SCOPE OF SERVICES Collier County is located on Florida's Gulf Coast. The County is comprised of the City of Naples, the City of Marco Island, Everglades City, and the unincorporated community, Immokalee. The County encompasses approximately 1,997 square miles and has a full-time population of 375,752 residents that increases during the winter months. The Primary Contractor is Tetra Tech,LLC and Secondary,Thompson Consulting Services,LLC,for a wide range of Debris Monitoring and Disaster Planning Services resulting from a disaster. During emergency situations,the County reserves the right to assign all or portions of the work to one or more of the awarded Contractors via the issuance of a Purchase Order for an assigned task based on availability and need,as determined to be in the best interest of the County. SCOPE OF WORK The Contractor(s) shall provide a wide range of Debris Monitoring and Disaster Planning Services resulting from a disaster and will follow the principles of the National Incident Management Systems(NIMS),along with the County's current Debris Management Plan,and state and federal regulations.Services will include,but shall not be limited to,emergency and disaster planning,response,recovery, and communication efforts,debris management and monitoring as needed or requested by the County. The services provided may include facilitating communication and coordination between local, state, and federal agencies,County contractors, insurance representatives and other related agencies. Contractor shall furnish all equipment, labor,materials, supplies, licensing,transportation, and other components necessary to provide Debris Monitoring and Disaster Planning Services that will meet the requirements of this Scope of Work. Contractor(s) must be registered with the State of Florida, Division of Corporations to do business in Florida and must maintain any licenses required by the Florida Department of Business& Professional Services for the provision of services covered under this solicitation. The County shall issue purchase orders for these services on an as needed basis. A written scope of work will be provided for each service,with specific instructions and project deliverables. The County reserves the right to add or remove services. There is no guaranteed quantity of services. 1. EMERGENCY AND DISASTER PLANNING SERVICES Contractor shall provide the following services: a) Develop and/or revise Disaster Debris Management Plan(s)(DDMP)and/or Response and Recovery Plan(s). b) Identify and obtain proper permits for new Debris Management Sites(DMS). c) Develop or assist with private property access Communication Plan(s), Right-of-Entry Agreements, and Hold Harmless Agreements. d) Upon request by the County,provide a minimum of eight(8)hours of training,to the County personnel,in relation to the services requested in this solicitation. e) Updating and providing critical documents and files such as electronic web-based database and printing of planning maps. f) The Contractor shall develop and implement comprehensive recovery strategies designed to maximize federal and state assistance. g) Other planning,response,mitigation,and recovery assistance as requested. h) Assist County in conducting an annual pre-hurricane season Strategic Debris Management Planning Exercise (SDMPE) to determine the adequacy of the debris removal plan, the debris management process, and to train all Exhibit A—Scope of Services 1 6 C 4 personnel associated with the debris management mission,to be held in April or May of each year. i) Contractor,at no cost to the County shall participate in annual meetings and/or training workshops with the County and others as required to establish and/or review applicable policies and procedures,specific to the County. 2. EMERGENCY AND DISASTER RESPONSE AND MONITORING SERVICES Contractor shall provide the following services: a) Contractor will be under the general direction of the County's designated representative indicated on each work assignment. b) The Contractor's Project Manager shall be the County's primary point of contact and be responsible for all services and personnel provided. c) When a disaster is imminent,the County will notify the Contractor 48 to 72 hours prior to a known event with their intent to activate.For events with limited or no warning,the County will contact the Contractor as soon as practical. d) Services that may be requested under the work assignment may include,but are not limited to: I.Perform debris assessments and advise of areas impacted,quantities of debris and types of debris generated,and eligibility of the debris regarding grant agencies policies. 2.Assign personnel to provide field assessments immediately following a disaster and throughout recovery efforts, as requested.Assessments may include identifying tree stumps and the management of root balls and associated activities,hazardous trees,construction and demolition(C&D)debris,boats,vehicles,sand,hazmat,and/or other potentially hazardous situations. The Contractor must keep a list of these locations, track and coordinate the appropriate dispatch of equipment and make frequent reports to the County on any post event remedial action. 3.Estimate and advise of equipment requirements and DMS capacity to haul and stage debris. 4.Review processes and protocols of DDMP, including but not limited to, private property, gated communities, public drop-off sites, and communications, and recommend modifications in response to specific disaster or emergency. Review list of priority,public and private roads,and the operational plan. 5.Assist the County by providing guidance for compliance with state and federal agency policies and procedures. 6.Facilitate and coordinate meetings within Collier County. 7.Facilitate communication and provide professional oversight guidance with FEMA,FHWA,FDOT,FDEP,FDH, NCRS,USACE,the State of Florida and other federal,state,county and local agencies and coordination with state insurance representatives to ensure compliance with regulations. The Contractor shall stay current with these policies and procedures and notify the County immediately as changes occur. 8.Complete or assist in completing FEMA Project Worksheets. Submit Worksheets on behalf of the County. 9.Monitor all work in process to make sure the proper work authorizations, permits, and other prerequisites, have been received.The Contractor shall work closely with the County and local agencies and regulators to clarify and resolve any compliance issues, as well as determine requirements for and to obtain necessary permits, licenses, certifications, if requested. Provide guidance and assist in obtaining permits, licenses,and certifications required for debris recovery operations. Permits that are typically required for debris recovery operations include,but are not limited to: • Structural Permits—construction permits,demolition permits. • Environmental Permits—asbestos/lead paint abatement,construction permits,and demolition permits. • Clean Water Act Permits—emergency discharge permit, indirect discharge permit, wetlands disturbance permit,and storm water management permit. • Clean Air Act (Emissions) Permits — burn permits (air curtain incinerators), stack-monitoring permit, fugitive emissions(dust)control. 2 Exhibit A—Scope of Services OVO 16C4 • Florida Department of Environmental Protection (FDEP)permits for debris management sites and public drop-off sites. 10. Perform Truck Certifications in accordance with FEMA guidance and provide a truck certification report that lists all truck identification numbers,contractor or sub name,date of verification,and verifier's name. 11. Provide personnel to monitor and record debris collection activities as specified by the County. 12. Provide audit quality load-ticket information and provide reports as requested by the County. 13. Provide individual load-ticket information to the Debris Collection Contractor, its subcontractors, and the County. Load tickets shall be designed or formatted so that pertinent information is collected to meet grant agencies documentation requirements for reimbursement purposes.Load-tickets shall be in an electronic format. Contractor personnel shall be equipped with portable electronic devices to immediately provide load-ticket information to the driver of a Debris Collection Contractor vehicle. 14. Monitor the Debris Collection Contractor's progress and provide a progress report to the County on a continual basis. The Contractor may elect to utilize a web-based interface or other software program to provide information to the County as long as the format is compatible with the County's interface and software systems. 15. Provide a plan to manage and execute the County's Geographic Information System (GIS)debris management site tacking and debris collection tracking progress real time. 16. Record on a map the streets where debris was collected and provide an accounting of any remaining,ineligible piles as well as those streets that have been completed. 17. Provide all analysis and Geographical Information System(GIS)related information in formats compatible with the county's systems. 18. Provide daily operations reports to the County representative throughout the duration of any debris removal operation or response activity, including but not limited to photos, quantities, areas serviced, etc., and after- action report as frequently requested. 19. Provide personnel for DMS and public drop-off site management and ensure sites are closed and secured,at the end of each operation day. Conduct end of day duties, such as verifying all trucks have left the disposal site, unloaded their collection vehicles,and ceased collection of debris at the end of each operational day addressing daily safety reports and include corrective action recommendations, and locking down of the facility. Provide daily reports of site activities,including but not limited to photos,compliance,and recommendations as needed, as requested. 20. Conduct periodic inspections of the Debris Collection Contractor(s)work areas to ensure that safety regulations are complied with such as traffic control,and the use of personal safety equipment.Promptly correct any errors, omissions,deficiencies,or conflicts in the product of the Debris Collection Contractor and/or its subcontractors. 21. Implement and operate a customer call center to answer citizens questions regarding debris recovery operations. Develop a Communications and Customer Service Coordination Plan for the County's approval. Which will include Public Information and Coordination Plan for the County's approval. 22. Respond to and resolve public complaints and concerns. If requested,provide daily reports of complaints and associated outcomes. 23. If requested,provide recommended schedules and communications for the public established during a disaster. 24. Review and verify invoices submitted by the Debris Collection Contractor(s). The review and verification process shall be completed within five(5)calendar days of receipt of the invoice from the Debris Collection Contractor. This includes the submittal of the invoice to the County. Discrepancies in invoices or documentation shall be resolved by the Contractor with assistance of the County within three(3)calendar day 3 Exhibit A—Scope of Services nb� 16C4 Review will include verification that Debris Collection Contractor(s) invoices are split into geographic area, type of activity,and other segmentations as specified by the County and use an invoice numbering system approved by the County. 25. Verify that damage to property has been repaired by the responsible party. The Contractor will prepare and submit daily damage reports to the County throughout the duration of any debris removal operation as requested Coordinating with County personnel to respond to problems in the field,to include residential or commercial property damage claims in the process of debris removal. Contractors(s)shall establish a reporting system and provide staff for the professional management of a receiving phone, email complaints, or damage claims. The Contractor shall investigate and assist in documentation of claims if requested by the County. 26. Prepare all documents and support materials in Microsoft format such as Word and Excel. Provide both hard copy and electronic format,as requested. 27. Provide database in a format approved and compatible with the County.This database shall include information on debris removal including,but not limited too; load tickets, load locations, debris type,vehicle certification information,stump removal,hanger removal data, leaner removal,and determination of pass status(first push, first pass,second pass,and subsequent passes),zone,etc. 28. Obtain temporary permits and licenses as required,these shall be secured and paid for by the Contractor unless other arrangements are made with the County. 29. Prepare final reports and project closeout reports. 30. Perform other duties as directed by the designated County personnel. 3. CONTRACTOR'S PERSONNEL Contractor shall provide knowledgeable, trained personnel to perform the services requested within this Scope. The Contractor will be required to remove personnel that the County finds unable to provide services in a professional manner. Contractor personnel shall consist of the following positions(or equivalents): a) Project Manager(PM) • Contractor shall provide a PM for each work assignment issued. The County may approve the PM to manage multiple orders dependent upon the services requested by the County. • The PM serves as the primary point-of-contact for the County and is responsible for all services and associated personnel. • The PM shall assist in developing incident specific debris recovery plans when requested by the County. • The PM will ensure proper personnel are provided to assist as needed. • As requested,the PM shall provide information to complete work assignment including estimated expenses and timing of those expenses. • As requested, the PM will provide cost reasonableness assessments for costs requested by Debris Collection Contractor. • The PM shall attend meetings related to debris recovery operations as requested by the County. • PM shall be responsible for completion and closure of all work assignment issued to Contractor. b) Operations Manager(OM) • OM coordinates and oversees field operations for the Contractor • OM shall attend meetings related to debris recovery operations as requested by the County. • Perform duties and responsibilities as specified in Exhibit A, Public Assistance Debris Monitoring Guide. c) Field Supervisor(FS) • The FS shall report to the OM. • FS shall supervise the Debris Monitors(DM). • FS shall resolve field operational and safety issues and communicate issues to the OM. • FS shall schedule and deploy DMs and oversee their daily activities at the loading,disposal,and staging sites. • Conduct or supervise the accurate measurement of load compartments and accurately compute volume capacity 4 Exhibit A—Scope of Services OVO 16C4 of the load compartments in cubic yards(CY)for truck certifications. • Document through digital photographs and record measurements and computations for all truck certifications. • Collect daily logs from the DMs and tabulate truck load data for the daily report. • Perform duties and responsibilities as specified in Exhibit A,Public Assistance Debris Monitoring Guide. d) Debris Monitor(DM) • Monitors all aspects of the debris removal operation, including activities at loading,staging and disposal sites. • DMs may have different roles and responsibilities at different stages in the debris removal operation which include the following titles(or equivalents): 1. Loading Site Monitor (LSM) —performs on-site, street-level debris monitoring at all loading sites to verify debris eligibility based on the Contract requirements, and initiates debris removal documentation using load tickets.Duties include,but are not limited to: o Photographs of debris.Document location of debris and identify the type of debris. o Estimate load volumes. Issue load tickets to the Debris Collection Contractor. o Checks for safety considerations such as downed power lines, utility meters and backflows, fire hydrants,mailboxes and children playing in the area. o Ensures that traffic control needs are in place and trucks and equipment are operated safely. o Documents and photographs damage to property caused by Debris Collection Contractor. Report damages to FS. o Ensures that loads of debris are contained within the load compartment and if applicable, covered before leaving the loading area. o Record location and information for debris that was not collected and the reason why. o Performs other duties as directed. 2. Tower/Site Monitor(TSM)—duties include,but are not limited to: o Accurately measures and documents load hauling compartments prior to debris hauling operations. o Periodically checks and recertifies load hauling compartments. o Verifies quantity of debris in the Debris Collection Contractor's load. o Photograph loads of debris for documentation purposes. Load information shall be recorded with or attached to the photograph. o Sign each load ticket before permitting trucks to proceed from the check-in area to the tipping area. o Verifies that Debris Collection Contractor's loading compartment is empty prior to leaving the DMS and or disposal site. o Collects and secures all load tickets and provides tickets to the FS at the end of the shift or as directed by the FS. o Performs other duties as directed. 3. Public Drop-Off Site Monitor(PDS)—duties include,but are not limited to: o Confirms participant eligibility. o Records participants information such as their name,home address,and type of debris. o Provides site instructions to PDS participants. o Documents,signs,and provides load tickets to the Debris Collection Contractor removing debris from the PDS. o Collects and secures participant information and load tickets and provides to the FS at the end of the shift. o Performs other duties as directed. e) Supervisor—Administrative,Financial or Call Center(SUP)—duties include,but are not limited to: o Coordinates area of responsibility debris recovery operation including assigned staff. o Implements and maintains a debris management system for load tickets and documentation. o Provides daily,weekly,or other periodic reports for the County. o Review and reconciles invoices for the Debris Collection Contractor(s). o Provides reconciled invoices to the County for review. o Serves as the point of contact to the County for a call center. 5 Exhibit A—Scope of Services 1 6 C4 o Provides training as directed by the County's to the call center staff. o Coordinates and or assists with Right-of-Entry/Hold Harmless for private property verification and eligibility. o Performs other duties as directed. f) Assistant—Administrative,Financial or Call Center(AS)—duties include,but are not limited to: o Enters and verifies data accuracy. o Creates reports. o Answers calls and records callers information. o Research property records. o Performs other duties as directed. The types and number of positions utilized by the Contractor shall be approved in writing by the County prior to the Contractor's use of the position(s). If the Contractor has not been granted approval to use a position(s), then the Contractor will be responsible for all costs and expenses they have incurred for utilizing position. Contractor shall not be compensated for stand-by time. Contractor shall provide personnel with a badge that clearly identifies them as an employee of the Contractor.Information on the badge shall include logo or name of the Contractor name and recent photograph of the individual. The name badge shall be worn and displayed so that it is visible to the public.All name badges shall be collected at the end of each shift and held in a secure location by the Contractor. At the termination of employment with the Contractor all name badges shall be accounted for and destroyed. Any use of subcontractors shall be approved in writing,in advance,by the County. Subcontractor's hourly rates shall not exceed the Contractor's hourly rates for equivalent positions. 4. EQUIPMENT a) All equipment utilized by the Contractor, including the vehicles of temporary staff, shall follow federal, state, and local regulations. Equipment and vehicles shall be maintained so that they are clean, free of fluid leaks,and in good working order.Vehicles that are not marked with the Contractor's logo and name shall display a temporary sign with the Contractor's logo and name and indicate that they are working with debris recovery operations. b) When certifying the capacity of a hauling vendor truck,the Debris Monitoring Firm will also complete the following tasks to confirm the hauling vendor is in compliance with FDOT regulations: •Obtain a copy of the Annual Mechanic Inspection Certificate •Confirm USDOT number is displayed on both side of the truck •Obtain a copy of the Insurance Certificate •Obtain a copy of the Operator's CDL License •Obtain a copy of the Operator's Medical Certificate •If any trucks do not meet the above requirements,the truck will NOT be certified,and the Debris Monitoring Firm will notify the County. c) Contractor shall provide and issue equipment labels for debris recovery equipment unless a Debris Collection Contractor provides their own labels. All debris recovery equipment shall be labeled with the primary Debris Collection Contractor's name,that includes the assigned debris recovery vehicle number, cubic yard capacity, and a brief description of the equipment. 6 Exhibit A—Scope of Services OVO 1 6 C4 d) Contractor shall keep a record of all debris recovery equipment and personnel. e) Contractor shall periodically spot check debris recovery equipment to ensure that the Debris Collection Contractors have not substituted or modified debris recovery equipment. Discrepancies shall be immediately reported to the County and the equipment shall be immediately taken out of service by the Debris Collection Contractor until the discrepancy has been resolved. 5. ENVIRONMENTAL PROTECTION a) Contractor shall comply with federal,state,and local regulations regarding environmental protection. b) Contractor shall immediately report and document all incidents to the County such as,but not limited to,hydraulic fluid leaks,oil spills or fuel leaks.The County shall review and approve any cleanup. 6. MOBILIZATION a) Within twenty-four(24)hours of the County being placed in the National Oceanic Atmospheric Administration five (5)day hurricane forecast,the Contractor shall contact the County regarding potential activation. b) It shall be the Contractor's responsibility to maintain regular contact with the County prior to a known threat. For unforeseen events such as a tornado,the Contractor shall report to the County within six(6)hours after issuance of an approved mobilization purchase order. c) Contractor shall provide a representative to the County's Emergency Management Operations Center(EOC),or other location as requested by the County. d) Within forty-eight (48) hours of issuance of an approved purchase order, the Contractor shall begin to mobilize resources. Within seventy-two (72) hours of issuance of an approved purchase order, the Contractor shall be fully operational and ready to provide debris monitoring services. e) As part of the Contractor's mobilization,the Contractor may have to provide an office trailer and restroom facilities, or other accommodations as approved by the County for their staff, including temporary labor,until all orders have been completed. 7. WORK HOURS a) Contractor shall conduct debris monitoring operations during daylight hours,unless otherwise directed by the County. Work may be performed seven (7)days per week.Adjustments to work hours,as local conditions may dictate,shall be coordinated between the County and the Contractor. b) Contractor shall be capable of monitoring debris reduction operations at DMS locations on a twenty-four(24)hour, seven(7)days a week basis. 8. INVOICES AND AUDITS a) Invoices shall reference the appropriate purchase order number and include audit quality detail to satisfy reimbursement agencies requirements. Invoices will be split into geographic, type of activity, and other segmentations as specified by the County and will use an invoice numbering system approved by the County. b) Contractor shall maintain financial and other records to justify all costs incurred in performing the work for a minimum of seven(7)years from completion of the work. c) The County shall have access to all information, such as books,records, and documents as required for the purpose of inspection,reproduction,or audit without restriction. If records are unavailable locally,it shall be the Contractor's responsibility to ensure that all required records are provided to the County within a time period specified by the County without additional cost to the County. 7 Exhibit A—Scope of Services 1 6 C 4 9. REPORTS AND DOCUMENTATION a) Contractor shall prepare and submit operational reports as requested by the County. Reports shall document the activities and progress of debris recovery operations. Information that may be required in the requested reports: • Progress of the debris collection operation to include: o Area of collection o Estimation of quantities o Types of debris collected,reduced,and hauled to final disposal sites o Number of debris collection crews,vehicles,and personnel. • DMS site reports to include: o Number of daily participants o Number of load tickets issued o Number of debris in cubic yards removed from the site by type of debris b) Contractor shall document daily recovery operations to ensure that proper records are maintained for reimbursement of expenses by grant agencies. This includes meeting notes and correspondences with the recover contractors, regulatory,and emergency management agencies. c) Contractor shall assist the County in preparing reports necessary for reimbursement by grant agencies for disaster recovery operations by the County. 10. PROTECTION OF PUBLIC AND PRIVATE PROPERTY a) The Contractor shall repair any damages caused by the Contractor's monitoring operations in a timely manner at no expense to the County.All complaints relative to damage shall be investigated by the Contractor and a detailed report submitted to the County within 24 hours from the notice of the complaint. The detailed report shall include, at a minimum, the location of the damage, description of the damage, photograph of the damage, property owner information, site contact information,and a timeline for the damage to be resolved by the Contractor. b) If there is a disagreement between the property owner and the Contractor regarding the completion of the repair,the County shall make the final determination on completion of the repair. 11. SECURITY& SAFETY a) In performance of services,the Contractor shall comply with regulatory requirements including federal,state,special district,and local laws,rules,regulations,orders,codes,criteria,and standards. b) Contractor shall take reasonable steps to ensure safety of residents and staff.This includes assuring that traffic control measures have been implemented by the Debris Collection Contractor which may include the use of traffic cones and personnel to direct traffic. c) The Contractor shall comply with the Department's security guidelines on facility security policies,this may include a Level 1 or Level 2 background screening in accordance with Florida law. d) The Contractor is required to comply with County Ordinance 2004-52,as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include,but not be limited to, checking federal, state, and local law enforcement records, including a state and FBI fingerprint check, credit reports,education,residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. e) All of Contractor's employees must always wear Collier County Government Identification badges while performing services on County properties. Subcontractors may be required to wear ID badges as determined by the County. Contractor ID badges are valid for one(1)year from the date of issuance and can be renewed each year at no cost to 8 Exhibit A—Scope of Services OVO 16C4 the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the Contractor's business. f) The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliercountyfl.gov)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. g) Collier County Sheriffs Office(CCSO)requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. Issues-The Contractor shall immediately notify the appropriate County upon discovery of any new or problematic issues. The Contractor shall not proceed with repairs or leave the system inoperable if an issue is discovered without written authorization by the appropriate County representative. 12. FEE ADJUSTMENT Prices shall remain firm for the initial term of the contract. The Contractor may request a fee adjustment six(6)months prior to the contract renewal date.The fee adjustments shall be fully documented, including documentation of compliance with FEMA cost reasonableness requirements, and submitted to the County in writing. The County may, at their sole discretion, refuse to accept the adjusted rates. In the event the County does not wish to accept the adjusted rates and the matter cannot be resolved with mutual satisfaction of both parties,the contract will not be renewed.Any approved fee adjustments shall become effective as of the renewal date or upon Board approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 9 Exhibit A—Scope of Services OW) 16C4 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 14 of 15 Fixed Price Professional Service Agreement [2023_ver.2] Ob:7) 16C4 FEE SCHEDULE Table 1:Hourly Rates[1] Position(or Equivalent) Hourly Rate Project Manager S 79.00 Operations Manager $ 70.00 Field Supervisor $ 48.00 Debris Monitor $ 36.00 Loading Site Monitor $ 36.00 Tower/Site Monitor $ 36.00 Public Drop-Off Site Monitor $ 34.00 Supervisor-Administrative,Financial,or Call Center $ 55.00 Assistant-Administrative,Financial,or Call Center $ 34.00 Additional Positions Table 2 lists additional positions and hourly labor rates that may be necessary to complete the scope of work requested by the County. The additional positions listed will be used as needed to facilitate the scope of work. Magnitude,duration,and intensity of the incident will dictate the appropriate response and level of service required to manage the recovery effort. Table 2:Additional Rates[1] Position(or Equivalent) Hourl Rate Environmental Specialist/Compliance Specialist $ 83.00 Environmental Support Admin $ 55.00 Emergency Management Planner $ 125.00 Emergency Management Assistant Planner $ 65.00 Dispatch Scheduling Manager $ 55.00 [1]The hourly rates are inclusive of all costs of labor, personal safety equipment for Tetra Tech's staff,necessary equipment (excluding rentals)and tools and any other items required for Tetra Tech's team members to perform the services required under the RFP(excluding chargeable materials). OVO 16C4 Other Exhibit/Attachment Description: FEDERAL CONTRACT PROVISIONS AND ASSURANCES 0 following this page (pages 1 through 11 ) ❑ this exhibit is not applicable Page 15 of 15 Fixed Price Professional Service Agreement [2023_ver.2] ova 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract/ Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient(County)agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards O 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I-1 1 6 C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's 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. (2)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. (3) 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. (4) In compliance with section 1225 of the Disaster Recovery 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. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)-(5)to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 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, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. OHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "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. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: 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 County 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. 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 non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I -2 Odd 1 6 C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on 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 forcovered 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 Year2019, 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 into, 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; (iii) Enter into, 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. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) 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. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) 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 EXHIBIT I -3 OVO 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)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. 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. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): 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— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience(over$10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of$100,000 or more 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." EXHIBIT I-4 OV7 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1)of this section, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2)Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBITI-5 Ob7 ) 1 6 C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act(over$150,000): 1. 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. 2.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. 3. 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 (over $150,000): 1. 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. 2. 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. 3. 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. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4. 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 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 EXHIBIT I -6 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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 an 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 respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I-7 OVO 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement 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 directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that(1)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Tetra Tech, Inc. Date May 31, 2023 Authorized Signature EXHIBIT I -8 (C1"-;D� 1 6 C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Tetra Tech, Inc. By: ignature Jonathan Burgiel, Business Unit President Name and Title 2301 Lucien Way, Ste. 120 Street Address Maitland, FL 32751 City, State, Zip LMRMKLLL3LG5 UEI Unique Entity Identifier(for SAM.gov verification) May 31, 2023 Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I -967-7.N 1604 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the PR ME to either proivde a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FE,.0 NUMBER CONTRACT DOLLAR AMOUNT Tetra Tech, Inc. 95-4148514 TBD THE PRIME A FLORIDA-CERTIFIED DISADIaiNTAGED, yr-mt.( y .;5 THE Acrivin.OF THIS CONTRACT... MINORITY OR WOMEN BUSiNESS ENTERPRISE? DBE? y CONSTRUCTION? (OBEIM BEIW BE( OR iIA' A SMALL DISADVANTAGED BUSiNESS SA CERTIFICATlON FROM DIE SMALL BUSINESS MBE? () CONSULTATION? 6 ADMINISTRATION? A SERVICE DISABLED VETERAIP WEE? Y OTHE R? 0 N 508 SA? 'T 0 IS THIS SUBMISSION A REVISION?i F YES,RE' SION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPUER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See BeIow) DOLLAR AMOUNT DOLLARS rorALS: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE ITTLE OF SU BMMER Jonathan Burgiel May 31, 2023 Business Unit President EMAIL ADDRESS Of PRIME(SUBM/TTER) TELEPHONE NUMBER FAX NUMBER TDR.Contracts@tetratech.com 321-441-8500 321-441-8501 NOTE: This information is used to track and report anticipated DBE or MBE participation in federaliv-funded contracts. The anticipated DBE or MBE amount is voluntary and vill not become part of the contractual terms. This form must be submitted at time of response to a solicitation 'T and when awarded a County contract,the prime be asked to update the information for the grant compliance files. • mummy , Black American BA Hispanic American HA Native American NA Stilxont.Asian American AAA Asian-Pacific American APA Non-Minority Women NMW Other:not of arty other group listed 0 D.SECTION TO BE COMPLETED BY COWER COUNTY DEPARTMENT NAME COLLIER CONTRACT;I(ItalRfc,or PO/RED. GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE EXHIBIT I-10 OVO 16C4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Tetra Tech, Inc. Contractor(Firm Name) 111(4..c S •,,ature of Contracto ' Authorized Official Jonathan Burgiel, Business Unit President Name and Title of Contractor's Authorized Official May 31, 2023 Date EXHIBIT I -11 OVO