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Item R2M 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 January 17, 2018 Agenda Item Number: R.2 Agenda Item Summary #3744 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774 N/A AGENDA ITEM WORDING: Approval to enter into a contract with Adventure Environmental Inc. for a demonstration project for canal skimming and hauling services for the Key Largo area, and potentially for other areas of unincorporated Monroe County, not to exceed $147,168 funded by DEP Stewardship Grant LP44073. ITEM BACKGROUND: This item seeks approval to enter into a contract for canal skimming services, beginning with Key Largo as the demonstration area. Other areas of unincorporated Monroe County may be added at any time at the option of the County. These services do not include storm debris or canal bottom debris removal. They include only floating debris such as sea grass, sea weed and other minor floating debris. DEP has agreed to fund this project through the Stewardship Grant LP44073. The RFP was issued August 25, 2017. Proposals were received and opened on October 19, 2017. Two proposals were received: Earth Balance Inc. and Adventure Environmental. The selection committee met in a publicly noticed meeting on November 20, 2017 to review and rank proposals. The committee ranked the proposals and recommended seeking approval to negotiate in rank order with 1) Adventure Environmental Inc. and then 2) Earth Balance Inc. Staff successfully negotiated contract terms and conditions with the top ranked firm. This is a proven methodology for other communities in South Florida. This program could offer a potentially more economical alternative to weed gate air curtain systems, potentially needed in 179 canals. Concerns with air curtains include: • Long term land use easements required from residents • Placement of compressors, wind vane, and control panel (10' x 10' area) in resident's lot • Long term Operations & Maintenance costs (estimated $797 /year /lot) • Electricity consumption (runs 24 hr. / 7 days a week during unfavorable wind conditions) • Repairs (boats hitting diffusers) • Maintenance (quarterly cleaning of diffusers and compressors) • Replacement of equipment (10 year life span) • Some homeowners have indicated dissatisfaction with the placement of the equipment and O &M cost. The Canal Skimming Program will include: • Weekly waterway cleaning to remove litter and large objects, floating seaweed or seagrass, growing vegetation that impedes navigation • Hotline established for residents to report floating seaweed, debris or trash in their canal. • Trash and debris to be disposed at nearest landfill or reuse facility or taken out to sea • No long term easements from residents Note If the program is successful, an MSBU is anticipated to be required in the future for canals that receive the service. PREVIOUS RELEVANT BOCC ACTION: 07/19/2017: Discussion and direction of a potential demonstration program for canal floating debris removal and hauling. 08/16/2017: Approval to advertise a Request for Proposals for a demonstration project for canal floating debris removal and hauling for the Key Largo area. 12/13/17: Approval to enter into negotiations with the top ranked firm for canal skimming services. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Exhibit C - DEP Grant LP44073 Skimming contract - signed by Adventure Environmental with legal stamp Exhibit C (part 2) DEP Grant LP44073 Change Order 1 FINANCIAL IMPACT: Effective Date: January 17, 2018 Expiration Date: October 28, 2017 Total Dollar Value of Contract: $147,168 Total Cost to County: $147,168 Current Year Portion: 137,000 Budgeted: No Source of Funds: FY 2017 DEP Stewardship Funds CPI: N/A Indirect Costs: Staff time to administer the project Estimated Ongoing Costs Not Included in above dollar amounts: To be determined. Revenue Producing: No If yes, amount: N/A Grant: No, but funded by a grant. County Match: N/A Insurance Required: Yes Additional Details: None 01/17/18 NEW COST CENTER ADDED $147,168.00 I to] WTI i X1171" Rhonda Haag Completed 01/07/2018 1:14 PM Cynthia Hall Completed 01/08/2018 8:17 AM Budget and Finance Completed 01/08/2018 12:48 PM Maria Slavik Completed 01/08/2018 1:28 PM Kathy Peters Completed 01/08/2018 2:37 PM Board of County Commissioners Pending 01/17/2018 9:00 AM DEP AGREEMENT NO. LP44073 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL, PROTECTION DIVISION OF WATER RESTORATION ASSISTANCE: GRANT AGREEMENT PURSUANT TO CHAPTER 2016 -225, SECTION 6, LAWS OF FLORIDA, FV16 -17 THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.), between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 (hereinafter referred to as the "Department ") and MONROE COUNTY, whose address is 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as "Grantee "), local government, to provide financial assistance for the Monroe County Canal #75 Backfill Restoration and Canal H48, 959, tf79 and #80 Augmented Aeration Restoration Projects. Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Parry ". In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: TERMS OF AGREEMENT 2. 3. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably. PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2019, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2016. through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. FUNDING /CONSIDERATION /INVOICING A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $1,500,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. A Change Order to this Agreement is required when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Attachment A, are less than ten percent (10%) of the total budget as last approved by the Department. All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount, a change in the Grantee's match requirements, a change in the expiration date of the Agreement, and/or changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment A, exceeds or is expected to exceed ten percent ( 10 %) U 0 U E E CJ DEP Agreement No. LP44073, Page 1 of 13 of the total budget as last approved by the Department. All Amendments are subject to the mutual agreement of both parties as evidenced in writing. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To he eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement, and the subsequent sixty -day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Reimbursement shall be limited to the following budget categories: Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and /or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Subcontracts, which involve equipment purchases as part of an installation /retrofit or that include infrastructure and /or infrastructure improvements, as defined in Florida Chief Financial Officer (CFO) Memorandum No. 5 (2011- 2012), must be capitalized in accordance with Chapter 691 -72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. For fixed -price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants /contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed -price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation forin for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed -price subcontract. b. The Grantee may request approval from the Department to award a fixed -price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and U 0 U E E CJ DEP Agreement No. LP44073, Page 2 of 13 Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed -price amount, the Grantee may proceed in finalizing the fixed -price subcontract. C. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guide] ines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at F. i. The accounting systems for ail Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by- program or a project -by- project basis. Funds specifically budgeted and /or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non - compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department_ interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 5. ANNUAL APPROPRIATION The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. REPORTS The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood L) 0 L) E E Ca DEP Agreement No. LP44073, Page 3 of 13 6. 8. 9. and agreed by the patties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. RETAINAGE Retainage is not required under this Agreement. INDEMNIFICATION Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shalt constitute a waiver by either party of its sovereign immunity or the provisions of Section 76828, Florida Statutes. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. DEFAULT/TERMINATION /FORCE MAJEURE A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar day's written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. if a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s) or subcontractor(s) shall not constitute a force majeure event. REMEDIES /FINANCIAL CONSEOUENCES No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re- perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure L) 0 U E E CJ DFP Agreement No. LP44073, Page 4 of 13 to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten ( 10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shat l result in the Department's termination of this Agreement for cause as authorized in this Agreement. tM I1 B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager, C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. RECORD KEEPING /AUDIT A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. SPECIAL AUDIT REOUIREMENTS: A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease_ If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at (850) 245 -2361 to request a copy of the updated information. L) 0 U E E CJ DEP Agreement No. €.P44073, Page 5 of 13 B. The Grantee is lierebv advised that the Federal and /or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of Financial assistance (federal and/or state) identified in Attachment E, Exhibit I when makine its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS- A2 -NS) that can be found under the "Links /Forms" section appearing at the following website: The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 12. SUBCONTRACTS A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed -price subcontracts pursuant to paragraph 3.D. of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee Shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487 -0915. 13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES A, Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state - appropriated funds which have been appropriated at the time of the competitive solicitation, a state college, county, municipality, school district. or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: The contractor's maintaining an office or place of business within a particular local jurisdiction; or ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation doc'umenz that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. U 0 U E E Ca DEP Agreement No. LP44073, Page 6 of 13 14. LOBBYING PROHIBITION In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by. any executive, judicial, or quasi- judicial department shall be used by any state employee or other person for lobbying purposes. 15. COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to. compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. NOTICE All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the parties at the addresses identified under paragraph 17. 17. CONTACTS The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at the time of execution for this Agreement is identified below: Michael Isaacson, or Successor Florida De artment of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd., MS##3505 Tallahassee, Florida 32399 Telephone No.: 1 850- 245 -2928 E -mail Address: I Michael.isaacson dep. state. fl -us The Grantee's Grant Manager at the time of execution for this Agreement is identified below: Rhonda Haag or Successor Monroe Count Sustainability Coordinator 102050 Overseas Highwa Key Largo, Florida 33037 Telephone No.: 305- 453 -8774 Fax No.: 305- 292 -4544 E -mail Address: Haa - rhonda monroecount -fl. ov In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment pursuant to paragraph 3.13 should include the updated Grant Manager information. L) 0 U E E CJ DEP Agreement No, LP44073, Page 7 of 13 18. INSURANCE A. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee. This insurance must provide coverage for all claims that may arise from the performance of the work specified under this Agreement, whether such work is performed by the Grantee, any sub - grantee, or Grantee's contractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. B. Coverage may be by private insurance or self - insurance. The Grantee shall provide documentation of all required coverage to the Department's Grant Manager prior to performance of any work pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days' written notice (with the exception of non- payment of premium, which requires a 10- calendar -day notice) to the Department's Grant Manager. If the Grantee is self - funded for any category of insurance, then the Grantee shall provide documentation that warrants and represents that it is self - funded for said insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee for the entire length of the Agreement. C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as specified below. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified under this Agreement, unless such sub grant or subcontractor employees are covered by the protection afforded by the Grantee. Workers' Compensation Insurance is required for all employees connected with the work of this project. Any self - insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes. the Grantee shall provide proof of adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. ii. Commercial General Liability insurance is required, including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual's claim and $ 3 100,000 each occurrence. iii. Commercial Automobile Liability insurance is required, for all claims which may arise from the services and/or operations under this Agreement, whether such services and /or operations are by the Grantee or any of its contractors. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company - Owned Vehicles, if applicable w $300,000 Hired and Non -owned Automobile Liability Coverage iv. Other Insurance may be required if any work proceeds over or adjacent to water, including but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. Questions concerning required coverage should be directed to the U.S. Department of Labor or to the parties' insurance carrier. U 0 U E E Ca DEP Agreement No. LP44073, Page 8 of 13 19. CONFLICT OF INTEREST The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 20. EQUIPMENT The purchase of non - expendable personal property or equipment costing $1,000 or more purchased for purposes of this Agreement remains the property of the Grantee. Upon satisfactory completion of this Agreement, the Grantee may retain ownership and will require its subcontractor to account for and report on all non - expendable personal property or equipment purchased under its subcontract. Non - expendable personal property or equipment purchased by a subcontractor that meets the parameters set forth in paragraph I.D. of this Agreement shall be capitalized in accordance with Chapter 691 -72, F.A.C., with property records maintained by the Grantee for audit purposes. The following terms shall apply: A. The Grantee and /or its subcontractor shall have use of the non - expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non - expendable personal property or equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non - expendable personal property or equipment purchased with state funds and held in Grantee's possession for use in a contractual arrangement with the Department. 21. UNAUTHORIZED EMPLOYMENT The employment of unauthorized aliens by any Grantee /subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee /subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 22. RESERVED 23. DISCRIMINATION A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of - this Agreement. C. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section 287.134, F.S., may not submit a bid on a contract to provide 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 a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487 -0915. 24. LAND ACOUISITION Land acquisition is not authorized under the terms of this Agreement. L) 0 U E E CIO Ca DEP Agreement No. 1_1 Page 9 of 13 25. 26. PHYSICAL ACCESS AND INSPECTION As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the fol lowing methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; and B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. PUBLIC RECORDS ACCESS A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B3 This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 1 19, F.S., and Section 24(a), Article 1, Florida Constitution. C. If Grantee meets the definition of "Contractor" found in Section 1 19.070 i (€)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: Pursuant to Section 1 19.0701, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Grantee fails to provide the public records to the Department within a reasonable time, the Grantee may be subject to penalties under s. 119.10, F.S. Upon request from the Department's custodian of public records, Grantee shall provide the Department 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 Chapter 119, Florida Statutes, or as otherwise provided by law. iii. Grantee shall identify and ensure that all 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 Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all public records in possession of Grantee or keep and maintain public records required by the Department to perform the services under this Agreemenc if the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from L) 0 U E E Ca D1 P Agreement No. LP44071, Page 10 of 13 public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to Department, upon request from the Department's custodian of public records, in a format that is accessible by and compatible with the information technology systems of Department. D. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245 -2118, by email at or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 27, 28. 29. TERMINATION, FALSE CERTIFICATION, SCRUTINIZED COMPANIES, AND BOYCOTTING Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135. F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub - agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. EXECUTION IN COUNTERPARTS This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ".pdf' format data tile, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original thereof. SEVERABILITY CLAUSE This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. L) 0 L) E E ca DEP Agreement No. LP44073, Page I I of 13 30. ENTIRE AGREEMENT This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE IN'i'L=NTIONALLY LEFT BLANK 0 U E E Ca DEP Agreement No. LP44073, Page 12 of 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY By Z ) C�c+aty �etor Mayor e George Neuaent Print Name of Authorized Person Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By= Secrets signee V lrintand Title of Aut prized Person Date: �— /` / Michael Isaacson, DEP t Manager FEID No_: 59- 6000749 isa Widener, DEP QC. Reviewer Y I tit CLERK �r.' CLERK * For Agreements with govern mentaT'bn=&7 commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments /exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan 7 Pa es Attachment S Payment Request Summary Form (5 Pages) Attachment C Contract Payment Requirements (1 Page) Attachment C Progress Report Form ( I Page) Attachment E Special Audit Requirements (5 Pages) Attachment F Attachment Intentionally Excluded Attachment G Attachment Intentionally Excluded 0 U E U DEP Agreement No. LP44073, Page 13 of 13 ATTACHMENT A GRANT WORK PLAN PROJECT TITLE: Monroe County Canal 475 Backfill Restoration and Canal #48, #59, 479 and 480 Augmented Aeration Restoration Projects PROJECT LOCATION: The Canal #75 Project will be located in the Rock Harbor neighborhood, which is located within the unincorporated area of Key Largo, Monroe County, Florida. Project coordinates are latitude 25.070352 and longitude - 80.462159. The Canal #48, #59, #79, and 480 Projects are located within the unincorporated area of Key Largo, Monroe County, Florida. (See attached location maps.) PROJECT BACKGROUND: In 2013. Monroe County (Grantee) completed a comprehensive Canal Management Master Plan (CMMP) in order to provide a framework to identify, prioritize and correct water L) quality impairments within the entire Florida Keys canal network. This plan identified 131 canals classified as having Poor water quality. Canals receiving a Poor classification were scored and ranked using specific U canal attributes to provide a list of high priority canals which were suitable for consideration of various public works restoration projects. Canal 475 in Key Largo was identified as a Poor canal that is too deep, s lacks oxygen, and is in need of a backfilling restoration. Canals #48,459, #79, and #80 were also identified E as Poor, and candidates for augmented aeration, as described below. In 2015, the Grantee completed an EPA - sponsored alternative technology evaluation to address accumulated muck in canal bottoms which depletes dissolved oxygen levels in the canals. Removal of the Ca muck and addition of oxygen will help to restore the canal waters. The traditional methods of reducing the amount of accumulated muck require the removal of muck by machine and are expensive and disruptive to the use of the canal. The Grantee wants to test alternative methods that, if successful, may be less expensive V for the muck removal process_ The projects are designed to evaluate the cost, and effectiveness, of utilizing QL an augmented aeration technology which introduces oxygen and potentially, microbiological organisms, to stimulate bacteria and other organisms to degrade the accumulated muck. PROJECT DESCRIPTION: The Grantee has implemented six canal restoration demonstration projects prior to this project. The new seventh and eighth demonstration projects at Canal 475 and Canals #48, 959, #79, and 480 around Key Largo are the next canal restoration projects to be conducted. The restoration of Canal 975 in Rock Harbor involves backfilling, to raise the canal bottom, to 6 feet below the Mean Sea Level, which is the optimum depth to allow for tidal flow in and out of the canal. The engineering design, access coordination, and permitting services for these demonstration projects are underway, and construction is anticipated to begin in the spring of 2017. This project includes augmented aeration work at canals 448, #59, #79, and #80. These improvements are anticipated to restore the impaired waters of the canal, and bring the dissolved oxygen levels up to meet Rule 62 -302, Florida Administrative Code, Class 3 marine water quality standards. TASKS and DELIVERABLES: Task 1: Canal #75 Design and Permitting Task Description: The Grantee has procured AMEC Foster Wheeler, Inc. in accordance with state law prior to execution of this Agreement. AMEC will complete the design of the Canal #75 backfilling project and obtain all necessary permits for construction of the project. The Grantee will submit documentation of preconstruction activities, as described below_ The Canal #75 project will consist of (1) collection and processing of environmental and engineering data; (2) completion of 30, 60 and 100 percent design plans; (3) preparation of permit packages for state, federal, and local permit applications; and (4) resident notification and staging area access coordination. DEP Agreement No. LP44073, Attachment A, Page 1 of 7 Deliverables: An electronic copy of the final design, including professional certification as applicable, and a list of all required permits identifying issue dates and issuing authorities submitted to the Department's Grant Manager. Upon request, the Grantee will provide copies of obtained permits or permit related correspondence or documentation and/or a paper copy of the final design. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task 2: Canal #75 Bidding and Contractor Selection Task Description: The Grantee will subcontract the construction of the backfilling of canal #75 with a qualified and licensed contractor, selected through the Grantee's procurement process. The Grantee shall prepare and solicit proposals utilizing a proposal package in accordance with state and federal laws and this Agreement. Included in this task are pre - proposal meeting(s) in response to proposal questions. Deliverables: Completed bidding and contractor selection as evidenced by: 1) Electronic copy of public notice of advertisement for the proposal; 2) electronic access to all inquiries, questions, and comments regarding the proposal documents; 3) electronic copy of proposal package; 4) written notice of selected contractor; 5) electronic copy of executed subcontract(s) provided prior to submitting any invoices for the subcontracted work. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task 3: Canal #75 Project Management ment Task Description: The Grantee's engineering consultant AMEC will perform project management, to include field engineering services, construction observation, site meetings with construction contractor and design professionals, and overall project coordination and supervision. If the Grantee contracts these services, the Grantee will procure such services in accordance with state law. Deliverables: Completed project management activities to date as evidenced by: 1) An electronic copy of the Grantee's executed contract(s) and scope of services for project management submitted to the Department's Grant Manager provided prior to submitting any invoices for the subcontracted work; 2) interim progress status summaries including summary of inspection(s), representative photos, meeting minutes and field notes, as applicable. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to project management. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Upon review and written 0 U E E Ca DEP Agreement No. LP44073, Page 2 of 7 acceptance by the Department's Grant Manager of the del iverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The deliverables must be submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Task 4; Construction of Canal #75 Project Task Description: The Grantee will construct the backfilling of canal 975 in Key Largo in accordance with the final design(s) and required permits. Construction under this Agreement is the final phase of construction leading up to the completed project. AMEC Foster Wheeler, Inc. is providing the engineering oversight. Deliverable 4a: Construction completed to date as described in this task, as evidenced by these interim deliverables: i ) Signed acceptance of the completed work by the Grantee, 2) Contractor's Application and Certification for Payment, and 3) dated color photographs of on -going work representing time period covered in payment request. These interim deliverables must be submitted 5 days prior to each payment request and may be submitted no more frequently than monthly. Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written acceptance of each interim deliverables submittal by the Department's Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that submittal period under this task. Contractor's Application and Certification for Payment should include the following supporting documentation I . An itemized summary of the materials, labor, and /or services utilized during the period for which payment is being requested. 2. The summary should identify the nature of the work performed; the amount expended for such work; the name of the person /entity providing the service or performing the work; proof of payment of the invoices; and evidence of all work conducted for which a request for payment is being made. 3. Evidence may include references to any drafts or partially - complete designs, surveys, environmental documents and /or permit applications, drawings, and specifications (which must be made available upon request); and documentation demonstrating partial completion of construction activities_ Deliverable 4b: BackfiIIing of canal #75 constructed as described in this task, as evidenced by these final deliverables: 1) Dated color photographs of the construction site(s) prior to, during„ and immediately Following completion of the construction task; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department's Grant Manager will review the final deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents and specifications. Upon review and written approval by the Department's Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. 0 U E E Ca DEP Agreement No. LP44073, Page 3 of 7 Payment Request Schedule: frequently than once per month been submitted and accepted submittal. Grantee may submit a payment request for cost reimbursement no more The outlined Interim Deliverable(s) and /or Final Deliverable(s) must have n writing by the Department's Grant Manager prior to payment request Task 5: Construction of Canal #48, #59, #79, and #80 Projects Task Description: The Grantee will construct the augmented aeration projects at canals #48, 459, 979, and #80 in Key Largo in accordance with the final design(s) and required permits. Construction under this Agreement is the final phase of construction leading up to the completed project. AMEC Foster Wheeler, Inc. is providing the engineering oversight. Deliverables: Augmented Aeration projects at canals 448, 459, 479, and 480 as described in this task, as evidenced by: I ) Dated color photographs of the construction site(s) prior to, during, and immediately following completion of the construction. task; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and, 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract dOCI[ments. Upon review and written approval by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date and all deliverables must be received by the task end date. Task Budget Budget Amount Task Start Task End No. Task Title Catego Date Date 1 Canal #75 Design and Permitting Contractual Services $52,387 09/21/2016 06/30/2018 2 Canal #75 Bidding and Contractual $8,OI6.40 09/21/2016 06/30/2018 Contractor Selection Services 3 Canal #75 Project Management Contractual $76,428 03/01/2017 12/31/2018 Services 4 Construction of Canal #75 Project Contractual Services $1,263,1 68.60 03/01/2017 10/30/2018 5 Construction of Canal 948, #59, Contractual $100,000 03/01/2017 10/30/2018 979, and #80 Projects Services Total: $1,500,000 0 U E E Ca DEP Agreement No. LP44073, Page 4 of 7 ■ Canal #75 - Backfill Legend \ v y, L 'p }.. wk _ r ,�� / r ti 4 � �� fi � �• fi �y . • A v, A Google Earth N Canal 4f a ; a Z A P , ; r T� F f _ L `\ I Google Earth R.2.a r m r C 0 U 0) C T E C M U M O Iq Iq a J r C cC i a w 0 U r t x w Z.; C 0 E ca r r Q DEP Agreement No. LP44073, Page 6 of 7 Packet Pg. 3330 R2a r m r C 0 U 0) C T E N C M U M O Iq Iq a J r C cC i a w 0 U r M x w Z.; C 0 E ca r r Q DEP Agreement No. L.P44073, 'age 7 of 7 Packet Pg. 3331 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Payment Request No. DEP Agreement No. Date Performance Period (Slarl date - End date ): Deliverables completed to support payment request (attach additional pages as needed): Task/Deliverable Task Budget Number(s): Amount: $ Grantee: (Name & Mailing Address) Grantee Contact: (Name & Phone) GRANT EXPENDITURES SUMMARY SECTION CATEGORY OF EXPENDITURE As authorized AMOUNT" OF THIS RE VEST TOTAL CUMULATIVE PAYMENT REQUESTS MATCHING FUNDS FOR THIS REQUEST TOTAL CUMULATIVE MATCHING FUNDS Salaries/'W'ages $ - $ - $ - $ - Fringe Benefits $ - $ - $ - $ - Indirect Cost $ - $ - $ - $ - Contractual (Subcontractors) $ - $ - $ Travel $ - $ - $ - $ - Equipment (Direct Purchases) $ $ - $ Rentai/Lease of Equipment $ - $ - $ - $ - Miscellaneous /Other Expenses $ - $ - $ Land Acquisition $ - $ TOTAL AMOUNT $ $ $ $ TOTAL BUDGET ALL TASKS $ $ Less Total Cumulative Payment Requests of- $ $ TOTAL REMAINING (ALL TASKS S $ GRANTEE. CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. L) 0 U E E Ca DEP Agreement No.LP44073, Attachment B. Page 1 of 5 Grantee's Certification of Payment Request t, on behalf (Print name of Grantee's Grant Manager designated in the Agreement) ,— -- _ do hereby certify for (Print name ol'Grantce) DEP Agreement No. and Payment Request No. that: • The disbursement amount requested is for allowable costs ibr the project described in Attachment A of the Agreement. • All costs included in the amount requested have been satisfactorily purchased. performed, received. and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 0 The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project: and the Grantee is riot in default of any terms or provisions of the contracts. Check all Iitat app(v. © All permits and approvals required for the construction. which is underway. have been obtained. © Construction up to the point of this disbursemeni is in compliance with the construction plans and permits. © The Grantees Grant Manager relied on certifications t - rom the following professionals that provided services Ior this project during the time period covered by this Certification of Payment Request. and such certifications are included: Professional Service Provider (Name / License No.) Period of Service (mm /dd/yy — mm /dd/yy) Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number U 0 U E E Ca DEP Agreement No.I.P44073. Attachment 13. Page 2 of 5 INSTRUt' PIONS FOR COMIT 'TING PAYMENT REQUEST SUMMARY FORM PAYMENT REQUEST NO.: " ]'his is the number of your payment request, not the quarter number_ DEP AGRUMENT NO.: This is the number on vour grant agree €netrt DATE: This is the date that you are submitting the payment request, PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the Task/Deliverable that the request is for (this must be within the timeline shown for the Task/Deliverable in the Agreement). TASK /DELIVERABI.F. NO.: Identify the number of the 'I "ask/Deliverable that you are requesting payment for and/or claiming match for (must agree with the current Gr ant Work Plan). Nbte� If payment request includes amore than one Task /Deliverable, additional pages should identify each fask/Deliverable Number. its corresponding budget amount, and the amount requested. TASK BUDGET AMOUV'T: List the Task budget amount as identified in the Grant Work Plan for the corresponding I askJDclverable. :Vole: If payment request includes tnore than one Task/Deliverahle, additional pages should identify each "task /Deliverable Number, its corresponding budget amount, and the amount requested. GRANTEE: Enter the name of the Orantee's agency and the address to which you want the state «arrant sent, GRANTEE CONTACT; List the name and telephone: number for the Grantee's grant manager or other point of contact regarding the payment request submittal. GRANT EXPENDITURES SUMMARY SECTION: "AMOUN'T OF THIS REQUEST" COLUMN Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task This must agree with the currently approved budget in the current Grant Work flan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim iterns that are not specifically identified in the current Grant Work Plan. Canter the column total on the `TOTAL AAIOUAT" tine. Enter the amount of all Tasks on the "TOTAL BUDG T (ALL TASKS')' line. Enter the total cumulative amount of this request and all previous payments rn3 the "LESS TOTAL CfJMULA711"L PAYMEA�T REOUE-WS 01 tine. Deduct the 'LESS TOTAL CUVU1,AT7t'E PAY!LfF.AT REOUESTS Of from the "T07AL BUDGET (:ALL TASKS)" for the amount to enter on the'707AL RE.VA1NiNG GILL TANKS) " line. "TOTAL CUMUI.,ATIVE PAYMENT REQUESTS" COLUMN Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests, first through the final request (this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Filter the column total on the "TOTAL PA)JIFN'T RLQUES7 line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUhIN F,nter the amount to be claimed as match for the performance period for the Task {s) you arc reporting on this needs to be shown under specific budget categories according to the currently approved (grant Work Plan_ tinter the total on the - TOTAL ,)MOUNT" line for this column. Enter the match budget amount on the "TOT-11. BUDGET (ALL TASKS) - line lirr this column. Enter the total cumulativc amount ofthis and any previous match claimed on the "LESS T07AL C1i :41(.ILA17 t"L PAYi4LlN'7 °S OF'' line for this column_ Deduct the LLS.S' T01AL CUMULATIVE P4VMENTS OF" from the -` 0T.AL BUDGET (ALL TASKS) " for the amount to enter on the - TOTAL RF.HALVING (AU TASKS) " line "TOTAL CUMULATIVE INIATCHING FUNDS" COLUMN Enter the cumulative arnounts you have claimed to date for match by budget category. Put the total of all on the line titled ` Y"O'TAL PAYA4F,NT REQUFST" The final request should show the total of all claims, first claim through the final claim, ete. Do not enter anything in the shaded areas. GRAN'TEE'S CERTIFICATION Check all boxes that appl ldcntify atty licensed professional service providers that certified work or services completed during the period included in the request for payment. dust be signed by both the Grantee's Errant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. U 0 U E E U DE Agrecrnent No.LP44 {)73, Attachment B, Page 3 of5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYMENT — PART 11 REIMBURSEiMENT DETAIL Grantee Name: Payment Request No.: DEP Agreement No.: Vendor Name Invoice Number Invoice Date Invoice Amount (i) Local Share or Other Funding or Amount Not Requested (2) Requested Amount 131 Cheek Number TasklDelivera ble Number (4) $ $ $ $ - $ $ _ Totals: 4B O U E E CL 1 CL w C) w x LU �a E c� DUI agreement No.1.1 Attachment B. Page 4 of Instructions for Completing Request for Payment - Part II Include the Grantee Name, Payment Request No., and DEP Agreement Number_ List vendor invoices that are associated with the Project by Task/Deliverable. I Invoice Amount: Amount of Invoice being submitted for reimbursement. 2 Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee. Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested (2) from Invoice 3 Amount (1). Deliverable Number: Must identify completed deliverable(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that Task /Deliverable identified under (2). Submittal Instructions Instructions for E- mailing: The program now accepts reimbursement requests electronically, please E -mail to . When scanning please be sure that the minimum scan resolution must be 300 DPI (dots per inch). When reimbursement requests are sent electronically, please do not also send a hard copy by postal mail_ You should anticipate a response from program staff within 2 business days. Remit Payment Request by E -mail to: SRF Regrt ndey sttp fl Be sure the E -mail payment request 'includes the following: Cc: Department's Grant/Project Manager Subject: Project Number Number: example -- LP14025_Disb_l Attuchment. I ) Attachment B Payment Request Summary 2) Request for Payment Part 11 Reimbursement Detail 3) Copies of invoices 4) Other supporting documentation, as needed For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact: Michael isaacsonna dep state fl us 0 0 U E E Ca DE,P Agreement No_LP44073, Attachment 8, Page 5 of 5 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. if an individual for whom reimbursement is being claimed is paid by the hour. a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017. Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address:- 0 U E E U DFP Agreement No, 1,1 3, Attachment C ", Page I of I ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: LP44073 Grantee Name: Monroe Count Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP44073 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date 0 U E E Ca DEP Agreement No, LP44073, Attachment D, Page t of 1 ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Depar•tmetrt ", "DEP ", "FDEP" or "Grantor ", or other name in the contruct /agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, and /or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope U audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. E AUDITS to PARTI: FEDERALLY FUNDED CJ This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. In connection with the audit requirements addressed in Part 1, paragraph I, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, is not required. in the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non - Federal resources (i.e.. the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at t; .,. DEP Agreement No. LP44073, Attachment E, Page I of 5 PART 11: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and far - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program snatching requirements_ In connection with the audit requirements addressed in Part 11, paragraph I - the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at State of Florida's website at Department of Financial Services' Website at and the Auditor General's Website at PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to ,specify any additional audit requirements imposed by the State awarding entih that are solely a matter gfthat .Slate awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 275.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: L) 0 U E E to CJ DEP .Agreement No. LP44073, Attachment E, Page 2 of 5 Audit Director Florida Department of Environmental Protection Office of the Inspector General. MS 40 3900 Commonwealth Boulevard Tallahassee. Florida 32399 -3000 Electronically: B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised, and 2 CFR §200.501(a) (the number of copies required by Sections 320 (d)(1) and (2), OMB Circular A -133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1. 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -I 33, as revised, and 2 CFR §200.512. Pursuant to Section .320(f), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Electronically: Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Electronically: L) 0 U E E Ca DEP Agreement No, LP44073, Attachment E, Page 3 of 5 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building i i 1 West Madison Street Tallahassee, Florida 32399 -1450 Copies of reports or management letters required by PART Ill of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, M5 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Electronically: I - DI_I'SinO \u ht«flcj Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F. Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection. or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 0 U E E U DEP .Agreement No. LP44073, Attachment E, Page 4 of 5 E\IIIRrr— i FUNDS AWARDED 10'f i--1L RL-CIPIEN I PURSUAN FTC? I HIS AGRI;f- 'M[ -.NT CONSIST OI T I& FOLLOWING. Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal A encv Cl Number CFDATitle Funding Amount S tate Appropriation Cateeory State Appropriation Cate ory Original Agreement I louse B i l l 447, Florida Keys Stewardship Act, General Revenue 2016 -2017 37 -039 Statewide Surface Water Restoration and Wastewater Projects $1,500,000 141 1 15 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal Program Number Federal A encv CI'I}A CI'DA Title Funditte Amount State Appropriation Cate ory State Appropriation Cate ory Original Agreement I louse B i l l 447, Florida Keys Stewardship Act, General Revenue 2016 -2017 37 -039 Statewide Surface Water Restoration and Wastewater Projects $1,500,000 141 1 15 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.47, F.5.: State Program Number Fundin Source State F fiscal Year CSFA Number CSFA Title I r Funding Source Description Fundin g Amount State Appropriation Cate ory Original Agreement I louse B i l l 447, Florida Keys Stewardship Act, General Revenue 2016 -2017 37 -039 Statewide Surface Water Restoration and Wastewater Projects $1,500,000 141 1 15 Total Alward $1,500,000 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDAI [ ) and /or the Florida Catalog of State Financial Assistance (CSFA) 1https:// apps,tl dts .coin/1'saa/search(:alalog.aspxl. The services /purposes for which the funds are to be used are included in the Contract scope of services /work, Any match recluired by the recipient is clearly indicated in the Contract. L) 0 U E E DGP Agreement No 1-1`=14073, Attachment L, Page 5 of 5 CONTRACT FOR FLOATING VEGETATION AND DEBRIS REMOVAL IN CANALS BETWEEN MONROE COUNTY AND ADVENTURE ENVIRONMENTAL INC. THIS AGREEMENT is made and entered into this 17 day of Janua[y, 2018 by E MONROE COUNTY ( "COUNTY "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Suite 2 -205, Key West, Florida 33040 and Adventure Environmental Inc. ( "CONTRACTOR "), whose address is 12895 Southwest 87'" Avenue, Miami, Florida 33176. U VINkm;14 &1 i WHEREAS, the County is interested in improving the water quality of its canals and nearshore waters; and WHEREAS, the COUNTY is interested in implementing a demonstration program for the removal of floating vegetation and debris from canals in Key Largo; and WHEREAS, the COUNTY has the option of expanding the program to any portion of unincorporated Monroe County at any time; and WHEREAS Monroe County ( "County ") solicited proposals from qualified and experienced firms to provide such services; and WHEREAS, the CONTRACTOR is a firm qualified to render said services and has responded to the RFP by submitting its proposal in response to the RFP ( "Proposal'); and WHEREAS, the COUNTY desires to engage the CONTRACTOR to provide such services to the COUNTY according to the terms and subject to the conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the COUNTY and CONTRACTOR do hereby agree as follows: Section 1. SCOPE OF SERVICES CONTRACTOR shall perform and carry out in a professional and proper manner the canal floating vegetation and debris removal services as described in Exhibit A Scope of Services A which is attached hereto and made a part of this agreement. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A_ The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement. B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services_ Canal skimming visits in Key Largo shall be completed a minimum of twice weekly by the CONTRACTOR totaling a minimum of 8 visits per month, with additional visits per month to clean up hot spots as directed by the County, for an estimated minimum total of 48 visits in the first 6 month period for the Key Largo area. The detailed schedule of implementation is outlined in Exhibit A. The CONTRACTOR shall document all visits as noted in Exhibit B. Section 2. CONTRACT AMOUNT 2.1 The COUNTY shall reimburse the CONTRACTOR an amount not to exceed One hundred Forty Seven Thousand One Hundred Sixty Eight Dollars ($147,168). 2.2 The County will make payments as outlined in Section 4 of this Agreement. Section 3. TERM OF AGREEMENT 3.1 Except as noted below, this Agreement shall begin on the 17 day of January, 2018 and will conclude with delivery of the deliverables outlined in Section 1 of this Agreement, which shall not be later than October 28, 2018, 3.2 At any time during the contract, the COUNTY may elect to include additional skimming days per week if needed. The COUNTY may also elect to extend the program to additional portions of unincorporated Monroe County in the middle and lower Keys, which totals 315 canals. 0 L) E E U) L) 2 Section 4. PAYMENT TO CONTRACTOR 4.1 Payment will be made according to the Deliverable Schedule attached as Exhibit B. 4.2 CONTRACTOR shall submit to COUNTY itemized invoices with all required supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Project Manager will review the request, note approval on the request and forward it to the Clerk for payment. 4.3 Invoices for the Canal Skimming shall be submitted monthly in the itemized amount of $1,900.00 per full day per canal visit, which includes disposal, equipment, personnel, fuel, and all incidentals required to complete the work. 4.4 Payment will be made according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. 4.5 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon annual appropriation by Monroe County. Section 5. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon thirty (30) days' notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees to abide by and follow the terms and conditions of the DEP Grant LP44073, attached as Exhibit C that is funding performance of work under this CONTRACT. B. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response, and this Agreement and has made a determination that he /she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. C. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter. 0 L) E E U) L) 3 D. The passing, approval, and /or acceptance by COUNTY of any of the services furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. E. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility(ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. F. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request_ Section 7. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: County Administrator, Mr. Roman Gastesi 1100 Simonton Street, Suite 205 Key West, Florida 33040 To the CONTRACTOR: Adventure Environmental Inc., Mr. Greg Tolpin 12895 Southwest 87' Avenue Miami, Florida 33176 Section 8. RECORDS 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. 0 L) E E U) L) 4 (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 L) 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 E 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 L) exempt or confidential and exempt from public records disclosure requirements. 0. If the Contractor keeps and maintains public records upon completion of the E contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon, request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (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 E 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 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 (305) 292 -3470. Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NO. 010 & 020 -1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020 -1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 10. CONVICTED VENDOR By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and 5 recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. 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 an Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under L) Agreement 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, E for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES i This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 12. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and 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. Section 13. 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 this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non - prevailing party. 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. R Section 14. 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. Section 15. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by ail necessary County and corporate action, as required by law. Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, 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 shall not be subject to arbitration. Section 17. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and 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. Section 18. NONDISCRIMINATION COUNTY and CONTRACTOR 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. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 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; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and 0 L) E E U) L) 7 Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -516), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 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; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the L) sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination E on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 19. COVENANT OF NO INTEREST i COUNTY and CONTRACTOR 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. Section 20. CODE OF ETHICS The parties understand that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 21. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR 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. Section 22. NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 23. PRIVILEGES AND IMMUNITIES 0 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 E 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, cu volunteers, or employees outside the territorial limits of the COUNTY. L) Section 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 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. Section 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 COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR 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. Section 26. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non - Collusion Agreement. Section 27. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or 9 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. PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CONTRACTOR MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Section 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. Section 29. 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. Section 30. INSURANCE POLICIES 30.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre - requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. 0 L) E E U) L) 10 The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified herein. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified L) in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to E maintain the required insurance. U) The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the cu required insurance, either: L) • Certificate of Insurance, or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 30.2 Insurance Requirements (Note: amounts of coverage are subject to change in final contract) Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Bodily Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: o $250,000 per Person o $500,000 per Occurrence o $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims fled on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 30.3 Vehicle Liability Insurance requirements Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 30.4 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 0 L) E E U) L) 12 30.5 Employer's Liability Prior to the commencement of work, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee WCUSLH US Longshoremen & Harbor Workers Act - Same as Employer's Liability WCJA Federal Jones Act - Same as Employer's Liability- Section 31. INDEMNIFICATION Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. Section 32. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. 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. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 0 L) E E U) L) 13 Section 33, COMPLETENESS OF WORK IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the - day of 2018. Imm MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madolk, CLERK OF MONROE COUNTY, FLORIDA mm 14 By Mayor ADVENTURE ENVIRONMENTAL, INC. By- Tit 0 L) E E :2 U) L) EXHIBIT A -- SCOPE OF WORK Project Overview The Contractor shall implement a program for the removal and hauling of floating vegetation and debris from canals to avoid having the material sink in the canals and contribute to the load of decomposing organic muck, which depletes the canal waters of dissolved oxygen. 2. Scope of Work The Contractor shall be responsible for removal of floating vegetation such as seaweed or seagrass and floating debris from each canal, whether by removing it to open water through a permit, or by land disposal. If removed for land disposal, the debris may be taken to one of the County's transfer stations or to a reuse facility. Transfer to a landfill is allowed only as a last resort, and the Contractor shall document that other options have been first attempted. To start, the CONTRACTOR will implement the canal skimming demonstration program to remove floating vegetation and debris from 86 canals in Key Largo. The program will include canal cleaning where floating vegetation was noted, paying special attention to known hot spots. A hotline number will immediately be established by the Contractor whereby residents can call to report floating seaweed, debris or trash in their canal. The vendor shall be responsible for all outreach to homeowners and shall manage the hotline. The vendor shall remove all floating vegetation and debris from each canal, it is not anticipated that all canals will require skimming, and that dependent on season and other factors, skimming activities may be focused in certain areas. The vendor shall be responsible for any damage caused to the properties on the canals 2. Project Location The project is located in unincorporated Monroe County. Key Largo is selected for the demonstration program for months 1 -6. The service shall include all canals from Mile Marker 106 southward to the Tavernier Creek bridge, and shall include canals oceanside and bayside. A total of 86 canals exist in this range. At any time during the contract, the COUNTY may elect to add to the program in Key Largo for additional skimming days if needed. The COUNTY may also elect to extend the program to additional portions of unincorporated Monroe County in the middle and lower Keys, not to exceed 315 canals. 3. Project Schedule Within (48) Hours of Notice to Proceed the CONTRACTOR will submit to COUNTY an advertisement proof to establish the hotline for county residents. Once the proof is 0 L) E U) L) 15 accepted by the COUNTY, the CONTRACTOR will then procure advertisement space in both the Free Press and the Reporter newspapers to alert residents of the hotline to report floating vegetation and debris. The ads will run for the duration of the project, the hotline will be directed to the CONTRACTOR offices and each "call in" will be documented and presented with the monthly reports that include Call Ins, Daily Visit Logs and Photos of debris and vegetation removed. Within (5) Days of Notice to Proceed the CONTRACTOR will commence canal skimming and debris removal operations utilizing our fleet of owned equipment which includes a minimum of (6) Vegetation /Debris removal vessels and (2) Self - Loading Dump Trucks. The CONTRACTOR will commence with skimming operations starting at MM 106 on the Ocean Side and anticipates that the Initial pass will be complete all canals from MM 106 to Tavernier Creek Bridge in (2) Weeks (2) Days/Week. Once the Ocean Side visits have been completed AEI will then visit all canals between Tavernier Creek and MM 106 on the Bay Side which is also anticipated to take (2) Weeks (2) DaysNVeek. Upon the initial pass, the process will continue to be repeated for all canals with reduced effort to (2) Days/Week for Oceanside and Bayside, respectively. Variances to the aforementioned schedule will be implemented for hot spots and resident call ins which may be prioritized depending on the circumstances. Offloading of trash /debris and large vegetation like tree branches will be conducted at the nearest boat ramp. The CONTRACTOR owns a loadingloffloading marine area a few miles North of Tavernier Creek on the bay side: 106 Georgia Avenue in Tavernier where the boats will be docked and where any large items may be offloaded or stored. The CONTRACTOR will coordinate final disposal locations of the debris with the COUNTY prior to execution of the work. 0 L) E E U) L) E ATTACHMENT B — DELIVERABLE SCHEDULE Deliverables Deadline Payment Acceptance Criteria Monthly report detailing the 5 days after the Monthly itemized COUNTY review activities including: end of each month invoices with of the report and • type of # canals visited breakdown of invoices to ensure • Type and amount of number of canal compliance with debris removed (landfill skimming days. the deliverables disposal tickets or photos and compliance of debris taken elsewhere) with DEP Grant • hot spot identification requirements. (location map) • homeowner correspondence • # Call Ins, Daily Visit Logs and Photos of debris and vegetation removed. Deliverables: CONTRACTOR shall include in the Report the amount of work completed to date as described in this task, as evidenced by these deliverables: t) Dated color photographs of on -going work representing the time period covered in the payment request; 2) brief description of the completed work to date by the CONTRACTOR.. In addition, it shall be noted that before final payment is made, the COUNTY will need to receive the following from its engineer of record: 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer ting construction has been completed in accordance with the construction contract documents (as applicable). 0 L) E E U) L) 17 EXHIBIT C DEP GRANT LP44073 And CHANGE ORDER #1 TO LP44073 c� U 18 DEP AGREEMENT No. LP44073 CHANGE ORDER No. 1 MONROE COUNTY This agreement entered into on April 14, 2017, is hereby revised as follows: WHEREAS, the Grantee has requested a revision in the scope of work within the Agreement period; WHEREAS, the Grantee has requested a reallocation of the budget that is less than 10% of the total budget. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the GRANTEE do hereby agree as follows: 1. Attachment A, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A -1, Revised Grant Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to prior Attachment A's, shall hereinafter refer to Attachment A -1, Revised Grant Work Plan. Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 2. All other terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year, last written below. MONROE COUNTY 0 Grant Manager Date: FEID No 59- 6000749 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION an Program Administrator Date: Michael Isaacson, DEP Grant Manager 0 L) E E U) DEP Agreement No. LP 44073, Change Order No. 1, Page 1 of 1 ATTACHMENT A -1 GRANT WORK PLAN PROJECT TITLE: Monroe County Canal 475 Backfill Restoration and Canal Skimming Demonstration Program Projects PROJECT LOCATION: The Canal 475 Project will be located in the Rock Harbor neighborhood, which is located within the unincorporated area of Key Largo, Monroe County, Florida. Project coordinates are latitude 25.070352 and longitude - 80.462159. (See attached location map.) PROJECT BACKGROUND: In 2013, Monroe County (Grantee) completed a comprehensive Canal Management Master Plan (CMMP) in order to provide a framework to identify, prioritize and correct water quality impairments within the entire Florida Keys canal network. This plan identified 131 canals classified as having Poor water quality. Canals receiving a Poor classification were scored and ranked using specific canal attributes to provide a list of high priority canals which were suitable for consideration of various public works restoration projects. Canal 475 in Key Largo was identified as a Poor canal that is too deep, lacks oxygen, and is in need of a backfilling restoration. In 2015, the Grantee completed an EPA - sponsored alternative technology evaluation to address accumulated muck in canal bottoms which depletes dissolved oxygen levels in the canals. Removal of the muck and addition of oxygen will help to restore the canal waters. The traditional methods of reducing the amount of accumulated muck require the removal of muck by machine and are expensive and disruptive to the use of the canal. The Grantee wants to test alternative methods that, if successful, may be less expensive for the muck removal process. The projects are designed to evaluate the cost, and effectiveness, of utilizing an augmented aeration technology which introduces oxygen and potentially, microbiological organisms, to stimulate bacteria and other organisms to degrade the accumulated muck. PROJECT DESCRIPTION: The Grantee has implemented six canal restoration demonstration projects prior to this project. The restoration of Canal 475 in Rock Harbor involves backfilling, to raise the canal bottom, to 6 feet below the Mean Sea Level, which is the optimum depth to allow for tidal flow in and out of the canal. The engineering design, access coordination, and permitting services for these demonstration projects are underway, and construction is anticipated to begin in the spring of 2017. TASKS and DELIVERABLES: Task 1: Canal #75 Design and Permitting Task Description: The Grantee has procured AMEC Foster Wheeler, Inc. in accordance with state law prior to execution of this Agreement. AMEC will complete the design of the Canal #75 backfilling project and obtain all necessary permits for construction of the project. The Grantee will submit documentation of preconstruction activities, as described below. The Canal 475 project will consist of (1) collection and processing of environmental and engineering data; (2) completion of 30, 60 and 100 percent design plans; (3) preparation of permit packages for state, federal, and local permit applications; and (4) resident notification and staging area access coordination. Deliverables: Design completed to date as described in this task, as evidenced by these deliverables: 1) Signed acceptance of the completed work by the Grantee, 2) Summary of design activities to date, indicating percentage of design completion representing time period covered in the payment request. 3) The final payment request for this task must be accompanied by an electronic copy of the final design and a list of all required permits identifying issue dates and issuing authorities. Upon request, the Grantee will provide DEP Agreement No. LP44073, Attachment A -1 Page 1 of 4 c� 0 L) E E U) CU L) �a 0 Q ca CU t� ua paper copies of obtained permits or permit related correspondence or documentation and the final design document. Performance Standard: The Department's Grant Manager will review all deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. Task 2: Canal #75 Bidding and Contractor Selection Task Description: The Grantee will subcontract the construction of the backfilling of canal 475 with a qualified and licensed contractor, selected through the Grantee's procurement process. The Grantee shall prepare and solicit proposals utilizing a proposal package in accordance with state and federal laws and this Agreement. Included in this task are pre - proposal meeting(s) in response to proposal questions. Deliverables: Completed bidding and contractor selection as evidenced by: 1) Electronic copy of public notice of advertisement for the bid; 2) electronic access to all inquiries, questions, and comments regarding the bid documents, if applicable; 3) electronic copy of bid package; and 4) written notice of selected contractor(s) provided prior to submitting any invoices for the subcontracted work. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Task 3: Canal #75 Proiect Management Task Description: The Grantee's engineering consultant AMEC will perform project management, to include field engineering services, construction observation, site meetings with construction contractor and design professionals, and overall project coordination and supervision. If the Grantee contracts these services, the Grantee will procure such services in accordance with state law. Deliverables: Completed project management activities to date as evidenced by: Interim progress status summaries including summary of inspection(s), representative photos, meeting minutes and field notes, as applicable, prior to submitting any invoices. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to project management. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. Task 4: Construction of Canal #75 Proiect Task Description: The Grantee will construct the backfilling of canal 475 in Key Largo in accordance with the final design(s) and required permits. Construction under this Agreement is the final phase of c� 0 L) E U) �a 0 as ca CL CU t� CL ua a DEP Agreement No. LP44073, Attachment A -1 Page 2 of 4 construction leading up to the completed project. AMEC Foster Wheeler, Inc. is providing the engineering oversight. Deliverable 4: Construction completed to date as described in this task, as evidenced by these deliverables: 1) Dated color photographs of on -going work representing the time period covered in the payment request; 2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents (as applicable). Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. Task 5: Canal Skimming Demonstration Program Task Description: The Grantee will provide services to implement a demonstration program for the removal and hauling of floating vegetation and debris from canals in Key Largo - to avoid having the material sink in the canals and contribute to the load of decomposing organic muck, which depletes the canal waters of dissolved oxygen. Deliverables: Construction completed to date as described in this task, as evidenced by these deliverables: 1) Dated color photographs of on -going work representing the time period covered in the payment request; 2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents (as applicable). Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. c� 0 U E E U) U �a 0 as U OL CU t� OL ua a DEP Agreement No. LP44073, Attachment A -1 Page 3 of 4 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date and all deliverables must be received by the task end date. Task Task Title Budget Budget Amount Task Start Task End No. Category Date Date 1 Canal #75 Design and Contractual $52,387 09/21/2016 06/30/2018 Permitting Services 2 Canal #75 Bidding and Contractual $8,016.40 09/21/2016 06/30/2018 Contractor Selection Services 3 Canal #75 Project Management Contractual $76,428 03/01/2017 12/31/2018 Services 4 Construction of Canal #75 Contractual $1,216,000 03/01/2017 10/30/2018 Project Services 5 Canal Skimming Demonstration Contractual $147,168.60 01/15/2018 10/30/2018 Program Services Total: $1,500,000 LOCATION MAP c� 0 L) E E U) �a 0 as ca CU t� DEP Agreement No. LP44073, Attachment A -1 Page 4 of 4 Canal Restoration Program Upda Monroe County Board of County Commissioners ME January 17, 2018 Rhonda Haag Monroe County amec foster wheeler Greg Corning, PE AMEC Foster Wheeler ITEM R2 (Related to M2) CANAL SKIMMING PROGRAM • Potential alternative to installation of weed gate air curtain systems to remove floating seaweed & seagrass and debris. • Proposals opened on October 11, 2017 in response to the RFP for canal floating vegetation and debris removal and hauling • Adventure Environmental, Inc. was the selection committee's top ranked vendor Initial 6 month demonstration program covers 86 canals in Key Largo. May expand beyond Key Largo canals at BOCC option. Funded by $147,168 from the $1.5 Million FY16/17 Stewardship allocation Anticipated start date of 02 -1 -18, end date of 10 -30 -18.9 months total. Contractor to establish and advertise a hotline for residents to report hot spots. ' � III 1' Is ii "Al M: A �1