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Item D02
M C ounty of f Monroe ELj » °o E � BOARD OF COUNTY COMMISSIONERS /�� Mayor David Rice, District 4 Th e Florida Keys Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting February 21, 2018 Agenda Item Number: D.2 Agenda Item Summary #3852 BULK ITEM: Yes DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329 N/A AGENDA ITEM WORDING: Ratification of Task Order Three with DRC Emergency Services, LLC for Disaster Response and Recovery Services which outlines the locations of final disposal sites for hurricane debris. ITEM BACKGROUND: DRC Services, LLC is the County's contractor for Disaster Response and Recovery Services. PREVIOUS RELEVANT BOCC ACTION: On October 30, 2017 the BOCC approved a contract between Monroe County and DRC Emergency Services, LLC for Disaster Response and Recovery Services. On December 14, 2017 the BOCC approved an addendum to the contract correcting the unit of measure for certain items listed in the Pricing Schedule. On January 17, 2018 the BOCC approved the ratification of Task Order One and Task Order Two which outlined temporary debris site locations. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Ratification of Task Order Three DOCUMENTATION: Task Order 3_DRC Contract - DRC Emergency Services - 10 -30 -17 FINANCIAL IMPACT: Effective Date: October 30, 2017 Expiration Date: TBD Total Dollar Value of Contract: TBD Total Cost to County: TBD Current Year Portion: TBD Budgeted: No Source of Funds: FEMA & Local Match CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: WE REVIEWED BY: Judith Clarke Completed 02/02/2018 4:41 PM Christine Limbert Completed 02/03/2018 11:47 AM Budget and Finance Completed 02/05/2018 2:17 PM Maria Slavik Completed 02/05/2018 2:56 PM Kathy Peters Completed 02/05/2018 5:06 PM Board of County Commissioners Pending 02/21/2018 9:00 AM DRC EMERGENCY SERVICES LLC FOR * * I .v.. + . I - . . . . . . . . . . . M r es an ecoverySerrices # in this Task Or der o p recisely A 2. The task above shall be performed in accordance with Section 1.1.5 of the R is •, - :f � ` :�' : �' .. #' IN WITNESS WHEREOF, each party caused the Task Order to be executed by Its duly authorized rep resentative. OKI Response and Recovery Services Task Order Three (DRQ January 12, 201 (SEAL) Attest: KEVIN MAD OK, Clerk By: Deputy Clerk Date: By: Natified by the Board Of County Commissioners an 2018. CHRISTM LMSERT-DARROWS ASSISTANT Co DATE. —J�� January 12, 21 18 Addendum 1 to the Agreement for Disaster Res Vonse a nd Recovery Services This Addendum to the !agreement for Disaster Response and Recovery Services dated October 30, 2017 is made and entered into this 4-i F4 clay of - , de 1y► be r 2017. by and hctween Monroe County, a political subdivision of the State of Florida, whose address is 1 100 Simonton Street. Key West. N.. 33040 its successor and atssiunns, Hereinafter referred to as "C'OUNT'Y" through the Munroe County Board of County Commissioners ("BOCC" ) and DRC frmergency Services, LLC. a Florida Foreign Limited Liability Company, �,tihase address is 13 LVia Main, Galveston. TX 77S54, its successor and assigned, hereinafter referred to as "CONTRACTOR" WHEREAS, the COUNTY and CONTRACTOR entered into the Agreement for Disaster Response and Recovery Services (Agreement) on October 30, 2017; and WHEREAS, when the C'O3 JNTY issued its Request for Proposals, in response to a request, it issued an addenda that changed the unit of measure for "White Goods" from "per Cubic yards" to "per unit" to comply with industry nouns; and WHEREAS, the Pricing Schedule submitted by the CONTRACTOR had the unit of measure as per unit for collection of White Goods, but per cubic yard for Site Management and Haul -out to Final Disposal of White Goods; and WH EREAS, this addendum will correct the unit of measure to conform to the industry standard for "White Goods" and provide pricing that is fair, reasonable, and consistent with our other pre - position contract; NOW THEREFORE, in consideration of the mutual promises stated herein, and for other good and valuable consideration, the parties hereby agree: Schedule One will be revised to read as follows: Debris Site Management of White Goods $3.50 per unit Haul -out to Final disposal of White Goods $50.00 per unit 2. This addendum will be retroactively effective to, October 30, 2017, the Date of the Agreement, IN W ITNESS F, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. BOAR OF CO UNTY Atest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA I By: y' Deputy Clerk Mayor ■ Witness I Printed narn : - t4L A IL44i wAness 2 , �' , ) � I tt t \� . ILL L -f Printed name M(.)NRO Y ( 'T BY: CJ Rwim i Gostes"'----, - - --------- ----- Tw Title: X�( r -11- , -- - �.., fw". ms's SM Agreement for Disaster Response and Recovery Services AGREEMENT FOR DISASTER RESPONSE AND RECOVERY SERVICES This Agreement ( "Agreement ") made and entered into this ay of , 2017 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), AND DRC Emergency Services, LLC, a Florida Foreign Limited Liability Company, whose address is 13 Evia Main, Galveston, TX 77554 its successors and assigns, hereinafter referred to as "CONTRACTOR ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Disaster Response and Recovery Services; and WHEREAS, CONTRACTOR has agreed to provide professional services which shall include but not be limited to providing Disaster Response and Recovery Services, which services shall collectively be referred to as the "Project "; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: . FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and Packet Pg. 3022 Agreement for Disaster Response and Recovery Services comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Time is of the essence in this contract, providing services under this agreement as quickly as possible is of utmost importance to the COUNTY. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of'said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to .the CONTRACTOR. 1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The effective date of this AGREEMENT shall be October 30, 2017. The term of the AGREEMENT shall be for a five year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one year increments for up to five additional years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, and the time within which services must be performed. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES A/ Packet Pg. 3023 Agreement for Disaster Response and Recovery Services The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its subCONTRACTORs, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Kevin Wilson, P.E. Assistant County Administrator 1100 Simonton Street Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2 -205 Key West, Florida 33040 For the CONTRACTOR: ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article III that may be provided by the CONTRACTOR (provided for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement. A. Providing services of CONTRACTOR for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted debris recovery operations. B. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. 02 _—] Packet Pg. 3024 Agreement for Disaster Response and Recovery Services ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, and any available maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to. the CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 4 gy _—] Packet Pg. 3025 Agreement for Disaster Response and Recovery Services The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: ► , r uLE W6 ' (6 I��J►`[ 1Mki WTORT i So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. If they are replaced the CONTRACTOR shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, Packet Pg. 3026 .................... Agreement for Disaster Response and Recovery Services compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONTRACTOR'S invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require, including but not limited to back up documentation sufficient for reimbursement of expenses by FEMA or other governmental agencies. (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.735, Florida Statute. 7.3 REIMBURSABLE EXPENSES Rates shall be inclusive of all reimbursable expenses. 7.4 BUDGET 7.4.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE AND BONDS 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONTRACTOR shall obtain and maintain the following policies: Packet Pg. 3027 Agreement for Disaster Response and Recovery Services A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non - owned vehicles, with Five Million Dollars ($5,000,000.00) combined single limit and Five Million Dollars ($5,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with Five Million Dollars ($5,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Pollution Liability insurance of Five Million Dollars ($5,000,000.00) per occurrence and Ten Million Dollars ($10,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONTRACTOR participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. 8.4 The Contractor shall furnish a Performance and Payment Bond in a form acceptable to the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Agreement for Disaster Response and Recovery Services Performance and Payment Bond shall be in an amount of at least Five (5) Million Dollars ($5,000,000.00) and may be adjusted as needed to equal to the contract price. The Contractor shall produce a performance bond upon execution of the contract. Upon request by the County the Contractor shall provide an Performance and Payment Bond in the adjusted amount to equate the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. If contract amendments render the contract more than ten (10 %) percent higher than the bond amount, the Contractor shall increase the bond amount to cover the entire difference. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 9.3 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. Packet Pg. 3029 Agreement for Disaster Response and Recovery Services C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one (1) weeks' notice to CONTRACTOR. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. 9.6 CONTRACT DOCUMENTS This contract consists of the Proposal Statement, any addenda, the Form of Agreement (Articles I -IX), the CONTRACTOR'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments , and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. )9 --] Packet Pg. 3030 Agreement for Disaster Response and Recovery Services By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONTRACTOR will promptly 'notify the COUNTY if it or any subcontractor or CONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the, laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, 10 Packet Pg. 3031 Agreement for Disaster Response and Recovery Services conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. - 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute or claim. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 11 w( Packet Pg. 3032 Agreement for Disaster Response and Recovery Services 9.17 NONDISCRIMINATION /EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer 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 1W Packet Pg. 3033 12 Agreement for Disaster Response and Recovery Services without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts 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. 9.18 COVENANT OF NO INTEREST CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse 13 NE Packet Pg. 3034 Agreement for Disaster Response and Recovery Services of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION /PAYMENT The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration, of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 14 \hy Packet Pg. 3035 Agreement for Disaster Response and Recovery Services All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section'! 19.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF , PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY- , BRIAN(aD-MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. �a c� 9.22 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, E nor shall any contract entered into by the COUNTY be required to contain any provision for L) waiver. ° 8 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and L) rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees < outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be 15 - \V� Packet Pg. 3036 Agreement for Disaster Response and Recovery Services offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON - RELIANCE BY NON - PARTIES No person or entity shall be' entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 9.29.1 Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148). When applicable as required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 4 Packet Pg. 3037 16 Agreement for Disaster Response and Recovery Services 3141 -3144, and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 9.29.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.29.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.4 Clean Air Act (42 U.S.C. 7401 -7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 - 1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 - 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 17 Packet Pg. 3038 Agreement for Disaster Response and Recovery Services 9.29.5 Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.29.6 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352 )—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 9.29.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § .200.322.- CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Other Federal Requirements: 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.30 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or 18 )M Packet Pg. 3039 Agreement for Disaster Response and Recovery Services providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. ESS WHEREOF, each party has caused this Agreement to be executed by its duly presentative on the day and year first above written. 0 , - Deputy Clerk MADOK, Clerk Date: y Irv-, v - l y, z' 17 (Seal) CC Attest: BY: 4 &W By Title: CDU1 VCJIS �Y1 � 0P� Titl MONROE CO By: Roman Gastesi, County Administrator E5 CD M =; C �C. 4 cl C - 47 .'sue•. � � .�-qy tip.. M :7. Ratified by the Board of County Commissioners on - November 14 2017_ END OF AGREEMENT MONROE COUNTY ATTORNEY P 0\ D AS T ORM: //.. 0 7 l 11llLQD_ G/1 CHRISTINE LIMBERT- BARROWS ASSISTANT COUNTY ATTORNEY DATE: t I I 1 b BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Almu- Z. Mayor /Chairman 8 8 8 �a E W L) 8 0 U as E Q 19 Agreement for Disaster Response and Recovery Services ATTACHMENT A SCOPE OF WORK AND PRICING 20 Q Packet Pg. 3041 Agreement for Disaster Response and Recovery Services In the event of a disaster, upon Notice to Proceed from the COUNTY, the CONTRACTOR shall be responsible for providing emergency debris clearance (PUSH), Debris Recovery (loading and hauling of disaster related debris), management of Temporary Debris Storage and Reduction sites (TDSR), and tree stump and limb removal. All disaster response and recovery services shall be performed in compliance with FEMA and FHWA guidelines. Documentation and reports of work performed shall be in a form suitable for FEMA reimbursement. These tasks may include, but are not limited to: A. Emergency Debris Clearing from County Rights of Way and Facilities • Immediately after a disaster,. provide all necessary equipment, tools and personnel to clear primary roads and critical government facilities of debris to allow emergency vehicles access to areas in need of assistance as directed by the County. • Debris should be stacked along the edge of pavement on the shoulder of the road and not blocking driveways, side streets or utilities of any kind. • Emergency Debris Removal may require loading the debris, hauling the debris to an approved dumpsite, and dumping the debris at the approved dumpsite. • Provide daily reporting to include cumulative, daily, and hourly statistics detailing type of equipment and personnel used Pricing for Emergency Debris Clearing equipment shall be at the hourly rates detailed as follows (equipment operator included): Equipment Type Hourly Equipment Rate Bobcat Loader $120.00 Bucket Truck w /Operator $275.00 Crash Truck w /Impact Attenuator $185.00 Dozer, Tracked, D5 or similar $190.00 Dozer, Tracked, D6 or similar $290.00 Dozer, Tracked, D7 or similar $450.00 Dozer, Tracked, D8 or similar $500.00 Dump Truck, 18 CY -25 CY $125.00 Dump Truck, 25 CY -35 CY $135.00 Dump Truck, 35 CY -45 CY $145.00 Dump Truck, 50 CY or larger $175.00 Generator and Lighting $100.00 Grader w/12' Blade $290.00 Hydraulic Excavator, 1.5 CY $185.00 .Hydraulic Excavator, 2.5 CY $195.00 Knuckleboom Loader $270.00 Equipment Transport $150.00 Mobile Crane (Adequate for hanging limbs /leaning trees) $240.00 Pickup Truck, .5 Ton $40.00 21 Packet Pg. 3042 Agreement for Disaster Response and Recovery Services Truck, Flatbed $115.00 Water Truck $120.00 Wheel Loader, 2.5 CY, 950 or similar $180.00 Wheel Loader, 3.5 — 4.0 CY, 966 or similar $190.00 Wheel Loader, 4.5 CY, 980 or similar $200.00 Wheel Loader - Backhoe, 1.0 — 1.5 CY $175.00 Track Hoe, John Deere 690 or similar $185.00 Stump Grinder $350.00 30 ton or larger Crane $395.00 Labor rates for emergency debris clearing and other work directed by COUNTY which require hourly billing shall be invoiced as follows: Labor Category Hourly Labor Rate Operations Manager w /Cell Phone and Pickup $90.00 Crew Foreman w /Cell Phone and Pickup $75.00 Tree Climber /Chainsaw $90.00 Laborer w /Chain Saw $45.00 Laborer w /small tools, traffic control, flag person $40.00 B. Debris Recovery and Disposal (Load and Haul) from County Roads and Facilities • Provide all necessary equipment and personnel to load and haul disaster - generated debris to an approved TDSR site consistent with the Required Response level and Time set forth below • Disaster — related debris will be sorted into categories: clean vegetative, non - vegetative, seaweed, white goods, household hazardous waste, mixed and ineligible at the load sites. • All debris shall be mechanically loaded and reasonably compacted. • Provide control of pedestrian and vehicular traffic in the work area; include flag persons, signs or other devices necessary to ensure safe debris recovery operations. • Provide daily reports on all debris recovery operations; include all equipment and personnel used. The report shall detail daily and cumulative -to -date statistics on the number of truckloads, number of cubic yards of debris hauled, locations of completed work, and locations of current work for each type of debris recovered. • Identify landfills and /or other final disposal site(s) for all debris. • Haul debris from TDSR sites to final disposal site(s). • Immediately investigate claims of damage to private property and /or County roads and rights -of -way due to debris operations and ensure proper repairs are made promptly at no cost to the County. • Provide all necessary equipment and personnel to remove seaweed and other debris from beach sand by screening and return clean sand to beach as directed by the County. 22 Packet Pg. 3043 Agreement for Disaster Response and Recovery Services Unit Costs associated with collection and hauling of debris from County rights of way to TDSRs are on a per cubic yard (CYD) basis, per pound basis, or for each united as set forth below Rates are inclusive of all costs and shall be invoiced at the following rates: Description Unit Unit Price Collect and Haul Vegetative Debris 0 -15 mi CYD $7.81 15.1 - 30 mi CYD $8.44 > 30 mi CYD $9.69 Collect and Haul Non - Vegetative (Construction and Demolition; "C &D" ) Debris 0 - 15 mi. CYD $8.31 15.1 - 30 mi CYD $8.94 > 30 mi CYD $10.19 Collect and Haul White Goods 0 -15 mi Each $62.50 15.1 - 30 mi Each $75.00 > 30 mi Each $87.50 Collect and Haul electronic waste E -Waste 1 -15 mi CYD $156.25 15.1 -30 mi CYD $168.75 >30 mi CYD $181.25 Collect and Haul Household Hazardous Waste 0 -15 mi CYD $150.00 15.1 - 30 mi CYD $162.50 > 30 mi CYD $175.00 Collect and Haul Seaweed 0 -15 mi CYD $12.50 15.1 - 30 mi CYD $13.75 > 30 mi CYD $15.00 Collection and Disposal of animal carcasses shall be $ 625.00 per unit. C. Management of Temporary Debris Storage and Reduction (TDSR) Sites • Provide sufficient personnel and equipment to operate multiple TDSR sites simultaneously within unincorporated Monroe County • Fully document pre- existing conditions at proposed TDSR sites with photographs and appropriate environmental sampling. • Prepare each approved TDSR site to accept debris, to include clearing, erosion control, grading, construction and maintenance of haul roads and entrances and installation of inspection towers and security fencing • Establish site layout, including entrance, exit and internal haul roads at each TDSR site • Provide all management, supervision, labor, machines, tools, and equipment necessary to accept, process, reduce, sort, and dispose of disaster related debris. • Provide at least one inspection tower at each TDSR site constructed to pre - approved county specifications. • Vegetative Debris reduction shall be performed by chipping / grinding only • Ensure all debris is properly staged and sorted. 23 1 XA Packet Pg. 3044 Agreement for Disaster Response and Recovery Services Provide daily and cumulative -to -date reports for each TDSR site. Ensure TDSR sites are secure and not accessible by the public during operation and after working hours. After all debris has been reduced and hauled to final disposal sites, perform site restoration and closeout; include removal of site equipment (temporary toilets, inspection towers, security fence, etc) and restore the site to pre -work conditions. Costs related to testing to establish TDSR site initial conditions, site mobilization and site restoration shall be invoiced at CONTRACTOR cost with no mark -up. Unit costs for TDSR site management and debris reduction are on a per cubic yard basis. Costs are inclusive of all work required to manage and reduce debris, except as noted above, (freon removal from white goods is a separate, per unit cost), and shall be invoiced as follows: Description Unit Unit Price Debris Site Management vegetative CYD $3.00 non-vegetative CYD $1.75 white goods CYD $1.25 household hazardous waste CYD $1.25 Electronic Waste (E -Waste) CYD $1.25 seaweed CYD 1 $1.25 Freon removal from white goods shall be invoiced at $62.50 per unit from which Freon is removed; the price for Freon removal includes transport and disposal of Freon at an approved disposal site. Price for Haul out of reduced debris to Final Disposal sites shall be inclusive of all costs and shall be invoiced on a per cubic yard basis as follows: Description Unit Unit Price Haul out to Final Disposal 0 - 60 mi CYD $7.50 61 - 100 mi CYD $10.00 101 - 130 mi CYD $12.50 g reater than 130 mi CYD $15.00 D. Contractor will identify final disposal locations for all debris classes: Cost associated with landfill tipping fees will be a pass through cost; the CONTRACTOR will invoice the COUNTY at actual cost, without any additional fees. Wherever possible, recycling, or other approved re -use facilities (ie. for metals) will be identified in order to reduce disposal costs. E. Beach Sand Screening and Replacement Provide all necessary equipment and personnel to screen all sand to remove debris deposited by an event. This task includes the pick -up of debris laden sand, hauling debris laden sand to the processing screen located on or near the beach, processing the debris laden sand and returning the clean sand to the approximate original location on the beach as directed by the COUNTY. Debris removed from the sand will be picked up, hauled and 24 i Packet Pg. 3045 Agreement for Disaster Response and Recovery Services processed based on the scope of work and unit prices for debris removal from COUNTY rights of way. The cost associated with collection, screening and returning sand to the beach shall be invoiced at $ 14.00 per cubic yard. F. As directed by the County, the CONTRACTOR will provide labor, equipment and materials to clear vegetative debris from private property, and demolish and remove non - vegetative debris from private property. Work my include trimming limbs and trees that present a hazard, clearing debris from private property and hauling it to the closest public right of way Work will not proceed until appropriate rights of entry forms and hold harmless agreements are obtained. The following rates apply for right of entry work: Vegetative debris: $ 10.00 per cubic yard Demolish and Remove non - vegetative debris from private property: $ 15.63 per cubic yard. G. Tree and Limb Removal • Provide all equipment, tools and personnel to safely remove hazardous leaning trees or hanging tree limbs, as directed by Monroe County. • Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe tree /limb removal operations • Ensure that strict Right -of -Entry procedures are followed for any hazardous tree or limb removal operations that affect private property. • As directed by the County, remove all hazardous tree stumps, both uprooted and intact. 4ber. The cost of tree stump removal shall be invoiced at the following unit rates: Tree Stump Removal Unit Unit Price Greater than 24" but Less than 48" in Diameter Per Stump $250.00 48" and Greater in Diameter Per Stump $500.00 2. Required Response Level and Time The following minimum response levels and timeframes are required by the contractor: A. Contractor's senior representative will be present at County EOC 24 hours prior to anticipated event, if requested by County; if not already present Contractor's senior representative will report to County EOC within 24 hours of notification by County after an event. B. Emergency Debris Clearance (PUSH) from Roads 5 crews (personnel and equipment) within 12 hours of notification by County 10 crews (personnel and equipment within 24 hours of notification by County C. Debris Collection /Removal from County Roads 25 Packet Pg. 3046 Agreement for Disaster Response and Recovery Services The Within 24 hours of notification by County, contractor personnel will establish presence in county and prepare a minimum of four temporary debris sites for the following levels of response for debris collection: Tropical Storm or Category 1 hurricane 50 trucks (incl. personnel and loading equipment; Category 2 or 3 hurricane 150 trucks Category 4 or 5 hurricane 200 trucks 33% of minimum equipment requirement must be present and working with 72 hours 66% of minimum requirement-present and working with 120 hours of request 100% of minimum requirement"present and working within 180 hours of request. The response levels indicated above represent the minimum required; as needed contractor will be required to increase response levels to effectively respond to a specific event as debris operations proceed. Failure to meet the minimum required response levels and timeframes will be considered non - performance and a default under the contract. 26 kl Packet Pg. 3047 Agreement for Disaster Response and Recovery Services DRC Pricing Sheets from RFP (Schedule one, two and three) 26 SCHEDULE ONE DEBRIS COLLECTION AND DISPOSAL SERVICES Description Unit Unit Price Estimated Volume Total Price Collect and Haul Vegetative Debris i . T-15 mi CYD $7.81 180,054 $1,406,221.74 15.1 - 30 mi CYD $8.44 16,927 $142,863.88 > 30 mi CYD $9.69 10,000 $961900.00 Collect and Haul Non - Vegetative (C&D) Debris 0 - 15 mi. CYD $8.31 118,114 $981,527.34 v 15.1 - 30 mi CYD $8.94 13,503 $120,716.82 > 30 mi CYD $10.19 4,000 $40,760.00 Collect and Haul White Goods 0 -15 mi Per Addendum #1 Unit of Measure Is now $ /each $62.50 Each 11,075 $692,187.50 15.1 - 30 mi Per Addendum #1 Unit of Measure is now $ /each CM $75.00 Each 5,000 $375,000.00 > 30 mi Per Addendum #1 Unit of Measure is now $ /each an $87.50 Each 720 $63,000.00 Collect and Haul Electronic Waste (e- waste) 0 -15 mi CYD $156.25 50 $7,812.50 15 .1 - 30 mi CYD $1 50 $8,437.50 > 30 mi CYD - - - $181.25 -- 10 -- $1,812.50 C ollect and Haul Household Hazardous Waste 6-115 mi CYD $150.00 500 $75,000.00 15.1 - 30 mi C YD $162.50 500 $81,250.00 > 30 mi CYD $175.00 100 $17,500.00 Collect and Haul Seaweed f: 0 -15mi CYD $12.50 1,736 $21,700.00 15.1 - 30 mi. CYD $13.75 544 $7,480.00 > 30 mi CYD' $15.00 200 $3,000.00 Debris Site Mana gement ,o. vegetative CYD $3.00 206,981 $620,943.00 non - vegetative CYD $1.75 135,617 $237,329,75 white goods CYD $1.25 16,795 $20,993.75 household haz waste CYD $1.25 1,100 $1,375.00 electronic waste (e- waste) CYD $1.25 0 $0,00 seaweed CYD $1.25 2,480 $3,100.00 QJ q9 KU tta 0 r 0 Cc 4) I� 8 8 qq b�A LU L) I� i� BB{ Ld E SCHEDULE ONE DEBRIS COLLECTION AND DISPOSAL SERVICES O Description a Unit Unit Price Estimated Volume Total Price Haul out to Final Disposal' 0 - 60 mi CYD $7.50 0 .$0.00 61 - 100 mi CYD $10.00 20,000 $200,000.00 101 -130 m! CYD $12.50 50,000 $625,000.00 greater than 130 mi CYD $15.00 140,337 $2,105,055.00 Sand Screening and Replacement on Site CYD $14.00 3,078 $43,092.00 Freon Removal from White Goods Per Unit $62.50 6,000 $375,000.00 Tree Stump Removal 'Greater than 24" but than 48" in Diameter Per Stump $250.00 48" and Greater in Diameter Per Stump $500.00 Right of Entry Work Remove Vegetative Debris From Private Property CYD $10,00 Demolish and Remove NonrVegetative Debris from Private Property CYD $15.63 Collection and Disposal of Animal_ Carcasses Per Unit $625.00 NOTE: Right of Entry (ROE) work rates apply to clearing debris from private property and hauling to closest public Right of Way. Standard debris rates apply to further handling. (D as 0 r- 0 CU L) E LU L) BB E 14 RFP for CONTRACTOR Services, Disaster Response and Recovery Services SCHEDULE Z - UNIT RATE EQUIPMENT PRICE Equipment Type Hourly Equipment Rate Bobcati-oader $120.00 Bucket Truck w/O erator $275.00 Cra sh Truck w/impact Aftenuator $185.00 Dozer Tracked D5 or similar $190.00 Dozer, Tracked.. D6 or similar $290.00 Dozer. Tracked. 7 or similar $450.00 Dozer. Tracked D8 or similar $500.00 Dum Truck 18 CY -25 CY $125.00 Dump Truck 25 CY -35 CY $135.00 Du Truck .35 Y -4 C $145.00 Dum .Truck 50 CY or lar er $175.00 Generator and Liahtinci $100.00 Grader w/12' Blade $290.00 H draulic Excavator, 1.5 CY $185.00 Hy draulic o C $195.00 Knuckleboom Loader__ $270.00 E ui ment Transport $150.00 Mobile Crane (Adequate-for hanging limbs/leaning trees $240.00 Pickup Truck .5 Ton unmanned $40.00 Truck Flatbed $115.00 Water Truck $120.00 Wheel Loader. 2.5 CY 950 or similar $180.00 Wheel Loader, 3.5 - 4.0 CY 966 or similar $190.00 Wh eel Loader, 4.5 CY, 980 or similar $200.00 Wheel Loader - Backhoe .1.0 - -1.5 CY $175.00 Track Hoe, John Deere 690 or similar _ $185.00 Sturn Grinder $350.00 30 ton or larger Crane up to 50 ton $395.00 Other NIA SCHEDULE 3 - HOURLY EQUIPMENT AND LABOR PRICE Labor Cateaory Hourly Labor Rate O eratio s Manner w /Cell Phone and Picku $90.00 Crew Foreman w /Cell Phone and. Pickup $75.00 T ree Climb r Cha' s w $90.00 Laborer w /Chain Saw $45.00 Laborerw small t of 5. jr o fla erson $40.00 (D �a �a 0 0 0 cu CD CD 8 8 �a c� as c� as F w L) 0 L) as L 210 PERFORMANCE BOND Bond No. 46BCSHS2774 KNOW ALL BY THESE PRESENTS, That we DRC Emergency Services, LLC , as Principal, and Hartford Fire Insurance Company , of Hartford, CT , authorized to do business in the State of Florida , as Surety, are held and firmly bound unto Monroe County, Florida , as Obligee, in the maximum penal sum of Five Million Dollars and 00/100- - Dollars ( $ 5,000,000.00__J , lawful money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Bond. WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform services in accordance with the terms and conditions of the Notice to Proceed, Hurricane Irma: Disaster Response and Recovery Service , (hereinafter referred to as the Service Contract), said Service Contract is hereby referred to and made a parthereof; NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns, shall well and truly perform its obligations as set forth In the above mentioned Service Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Service Contract, the Bond is subject to the following express conditions: 1. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the Service Contract term. 2. Regardless of the number of years this Bond is in force, the liability of the Surety shall not be cumulative and shall in no event exceed the amount set forth above, or as amended by rider. 3. Any notice, claim, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any claim or request for payment must be made prior to the expiry date of this Bond. Surety Address: The Hartford Hartford Financial Products, 2 Park Aven 5th Fl New York, NY 10016 4. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. 5. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Service Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this 1st day of Nover 8-5025d (06 -06) By: Hartford Fire Insur a Company By: David T. Miclette , Attorney -in -Fact. PAYMENT BOND Bond No. 46BCSHS2774 KNOW ALL BY THESE PRESENTS, that we DRC Emergency Services, LLC , as Principal, and Hartford Fire Insurance Company , of Hartford. CT , authorized to do business in State of Florida , as Surety, are held and firmly bound unto Monroe County, Florida , as Obligee, and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work hereinafter named, in the maximum penal sum of Five Million Dollars and 00/100 - Dollars ( $5,000,000.00 ) , lawful money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about it enter, into a written agreement with the Obligee perform services in accordance with the terms and conditions of the Notice to Proceed, Hurricane Irma: Disaster Response and Recovery Services (hereinafter referred to as the Service Contract), said Service Contract is hereby referred to and made a parthereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his/her own name and for his /her own benefit, subject, however, to the Obligee's priority, then this obligation to be void; otherwise to remain in full force and effect. Notwithstanding anything to the contrary in the Service Contract, the Bond is subject to the following express conditions: 1. Regardless of the number of years this Bond is in force, the liability of the Surety shall not be cumulative and shall in no event exceed the amount set forth above, or as amended by rider. 2. Any notice, claim, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any claim or request for payment must be made prior to the expiry date of this Bond. Surety Address: The Hartford Hartford Financial Products, 2 Park Ave., 5th Floor New York, NY 10016 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the Service Contract term; or after the expiration of ninety (90) days after the day on which any person last supplied the labor and/or materials directly to the Principal for which the claim is made, whichever occurs first. If this limitation is void or prohibited by law, then the minimum period of limitation available to Surety as a defense in the jurisdiction of the suit shall be applicable. 4. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. 5. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this 1st — day as 0 C cu CD CD E w L) C 0 L) E 1 4 Hartford Fire Insur ce CompaDy By: /' .�GGU`L��� David T. Miclette , Attorney -in -Fact POWER OF ATTORNEY D.2.b Direct Inquiries /Claims THE HARTFORD BOND, T -12 One Hartford Plaza Hartford, Connecticut 06155 Bond.Claims(a thehartford.com call: 888 - 2663488 or fax: 860 - 757 -5835 Agency Name: BOWEN MICLETTE & BRITT INS AGY LLC KNOW ALL PERSONS. BY THESE. PRESENTS THAT Agency.Code :. 46 7 50480 9 & 61- 613558 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State ofFlorida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ").do hereby make, "constitute and appoint, up to the amount of Unlimited Joni Bowen Maness, Kristi Lovett, Ashley Britt, Robert C. Davis, Jennie Goonie, Rita G. Gulizo, Nikole Jeannette, Barry K. McCord, David G. Miclette, David T. MiClette, Tabitha Starkey, Susan Zapalowski of Fort Smith AR, New Orleans LA and of HOUSTON, Texas their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. •n 01SMPfi its tN uki �1 o av _ 0� 20 {{ v ie E.i Pp70 � Ip4i }: John Gray, Assistant Secretary STATE OF CO_ NNECTICUT SS . Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 1111 lei.- -� Nora M. Stranko Notary Public CERTIFICATE My Commission Expires March 31, 2018 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above.and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of November-1, 2017 Signed and sealed at the City of Hartford. > L a M *( BCD 1p7fl �` ? n; n- 9 : 5 1 -10 is Kevin Heckman, Assistant Vice President a� as �a 0 t� O r 0 Cc L) POA 2016 °® CERTIFICATE OF LIABILITY INSURANCE DA 11108/20117 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifica holder in lieu of su ch en dorsement (s) . PRODUCER MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. 818 Town & Country Blvd, Suite 500 CONTACT " IN arc No Ext : AI No): 713$77 -8974 E A DRESS: Houston, TX 77024 -4549 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:UnderwdtersAtLloyd's, London 15792 18 �� INSURED DRC Emergency Services, LLC INSURER B :United States Fire Insurance Company 21113 DAMAGE TO RETE15___ PREMISES Ea oocurrence $ 300,00( P.O. Box 17017 INSURER C :Texas Mutual Insurance Company 22945 Galveston, TX 77552 INSURER D:Arg onaut Insurance Company 19801 INSURER E :Crum & Forster Sp ecialty Insurance Company 44520 w Y 11 INSURER F COVERAGES CERTIFICATE NUMBER:X6RAEKCV REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER PO M EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR B0621EMSSL000317 0V Y 05126/2017 RI MAMA 18 �� EACH OCCURRENCE $ 1,000,001 DAMAGE TO RETE15___ PREMISES Ea oocurrence $ 300,00( MED EXP (Any one person) PERSONAL & ADV INJURY $ 10,00( $ 1,000,00( X X BY � A - R D ATE D WAIVER w Y 11 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECOT- EI LOC GENERAL AGGREGATE $ 2,000,001 PRODUCTS - COMP /OP AGG $ 2,000,001 $ OTHER: B AUTOMOBILE LIABILITY 1337407 0 05/26/2017 05/26/2018 Ee BINEDtSINGLE LIMIT $ 1,000,00) X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ A UMBRELLA LIAB X OCCUR 80621E SSL000217 05126/2017 05/26/2018 EACH OCCURRENCE $ 5,000,001 X AGGREGATE $ 5,000,001 EXCESS LIAB CLAIMS -MADE X X DED I I RETENTION $ $ 1 C D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A X TSF0001307608 TX WC928318471754 05/26/2017 0512612018 X ST E OTH E.L. EACH ACCIDENT $ 1,000,001 E.L. DISEASE - EA EMPLOYEE $ 1,000,001 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,001 E Contractors Pollution & P C105162 05/26/2017 05/26/2018 Contractor's Pollution 5,000,001 Errors & Omissions X X Errors & Omissions Policy Aggregate $ 5,000,00 $ 5,000,00 $ $ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Disaster Response and Recovery Services, Monroe County, Florida Monroe County Board of County Commissioners are included as an Additional Insured on the General Liability, Automobile Liability and Excess Liability policies. Waiver of Subrogation applies in favor of Monroe County Board of County Commissioners as respects General Liability, Automobile Liability, Workers' Compensation and Excess Liability. The General Liability Policy includes a Per Project Aggregate. Coverage is primary and non - contributory as respects to General Liability, Automobile Liability and Excess Liability policies. All as required by written contract subject to policy, terms, conditions, and exclusions. In the event of cancellation by the insurance companies the policies have been endorsed to provide 30 days Notice of Cancellation (except for non - payment) to the Certificate Holder shown below. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE I— (D q9 fd9 0 r� O O CU 0 t� Page 1 of 1 ©1988 -2016 ACORD CORPORATION, All cich ma-e ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 3056