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01/17/2018 Agreement
C'., Kevin Madok, CPA Clerk of the Circuit Court & ComptrollerMonroe County, Florida DATE: January 25, 2018 TO: Lindsey Ballard Aide to the County Administrator FROM: Pamela G. Hancock, D.C. SUBJECT: December 13'/January 17' BOCC Meeting Attached are electronic copies of the following items for your handling: S3 Approval of the I' Amendment to the Key Largo Fire & Rescue EMS ILA. R2 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 $147,168.00 funded by DEP Stewardship Grant LP44073. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305-294-4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305-289-6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305-852-7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305-852-7145 CONTRACT FOR FLOATING VEGETATION AND DEBRIS REMOVAL IN CANALS BETWEEN MONROE COUNTY AND ADVENTURE ENVIRONMENTAL INC. THIS AGREEMENT is made and entered into this 17th day of .January, 2018 by 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 87th Avenue, Miami, Florida 33176. WITNESSETH 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 17th 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. 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 S. 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. 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 87th 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. 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 if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE CONTRACTOR 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 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 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, 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 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. 10 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 16. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 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 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 91-616), 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 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 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 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 All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 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 6 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. 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 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 maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • 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 11 An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported 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. 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. 13 Section 33. COMPLETENESS OF WORK The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi- public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. S WHEREOF, the rties hereto have caused these presents to be ,the 11dL day of 2018. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest„:eVin Madok, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk 14 c Mayor Coe, a. C) �� ADVENTURE ENVIRONMENTAL, INC. By: Title: V/:cc �rcSf MONROE COUNTY ATTOPKIO:y AP ROVE�AT�F RM c YNTHIA L. HALL ASSIS ANT _COUNTY ATTt)14JE`J Date - I I �° I I EXHIBIT A — SCOPE OF WORK 1. Proiect 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. Proiect 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 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) Days/Week. 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 loading/offloading 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. 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: 1) 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). 17 EXHIBIT C DEP GRANT LP44073 And CHANGE ORDER #1 TO LP44073 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 in Grant Manager Date: FEID No. 59-6000749 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Program Administrator Date: Michael Isaacson, DEP Grant Manager DEP Agreement No. LP 44073, Change Order No. 1, Page 1 of 1 ATTACHMENT A-1 GRANT WORK PLAN PROJECT TITLE: Monroe County Canal #75 Backfill Restoration and Canal Skimming Demonstration Program 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. (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 #75 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 DesiLyn and Permittin 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. 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 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 BiddinLy 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 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 #75 in Key Largo in accordance with the final design(s) and required permits. Construction under this Agreement is the final phase of 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 SkimminLy 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. 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. Tasl: 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 PermittingServices 2 Canal #75 Bidding and Contractual $8,016.40 09/21/2016 06/30/2018 Contractor Selection Services 3 Canal #75 Project Management Contractual Services $76,428 03/01/2017 12/31/2018 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 DEP Agreement No. LP44073, Attachment A-1 Page 4 of 4 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, FYI 6717 THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes 11 the STATE _(F $,.),.betwee . OF FLORibA DEPARTMENT OP ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 3230.4606 (hereinafterref6tred to as the "Department") and MONROE COUNTY, whose address is 1100.Simonton Street., key West' Florida 33040 (hereinafter referred to as "Grantee"), local 'de P County Canal #75 Badkfill Restoration and Canal 449, government, to. provi financial assistance:for the Monroe #55, #19.. and #80Augmented Aeration Restoration Projects-. Collectively, the Department and the. Grantee shall. be referred to, as "Parties" ,or individually as a -Party". In consideration of the mutual benefits to be derived herefromi the Debaftni6nt arid the Grantee do hereby agree -as Ulows: TERMS OF AGREEMENT: The Grantee does hereby a(,, n conditions, gree to perform in accordance With the terms and,nditi c s set forth in this Agreement, Attachment A,' , Grant Work. Plan, and all attach,m.ent§ and exhibits; named herein which .are. attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and, "Recipient" areusedintercha.ilge.ably, 2. 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, Agr cement. This Agreement may be amended to provide for additional services if additional funding is'mad&available by'the L&gislature. 3. F.UN]biN6/CON91DERATIO-N/INVOICING: A. As. consideration for the satisfactory com .p letion of services rendered -.by the -Grantee under the terms of this. Agreement, the Department shall bay. the Grantee on a cost reimbursement basis up to a maximum of $1,500,000. It is understood that any additional funds necessary for th6ldompletiotr of this pr6je6t Are the r6spohsjbilitv of the Grantee. The:p4rties hereto understand and "agree that this. Agrp6ment'does not iequire-a match on the part of the Grantee. 13. Prior written approval ffomlhe_Deparimeinfs Grarit.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 f funds between apprdvedbudget,.categories, as defined in Attachment A, are,less than ten percent (10%) of the 'total budget as oast approved. by the Department. All Change Orders. are subject to the mutual agreement of both parties As evidenced in writing. ii. A formal Affiendtfieng to this Agre&rndnt is required for chariges1whichcaust any of the - -f9floWing- 4n„increase 'or decrease in the Agreement. funding ambuqtj,a: change' in: t. h' e Grantee's match requitenients.1 a:change in the expiration date'.af 'the- Agreement; arid/or c6ngcs-to the cumulative �amount I of fund I ffig trans I fem between approved budget categories, as. defined in Attachment A, exceeds or is expected to exceed. ten, percent (I Q%) PEP AgteementNo: LP44678, Page 1 of 0 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 be 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: http://www.myfloridacfo.com/aadir!reference guide/. 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 form 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 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 guidelines (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 httb://,,�-ww.myfloridacfo.com/aadir/reference guide/. F. i. The accounting systems for all 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. 4. 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. 5. 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 DEP Agreement No. LP44073; Page 3 of 13 and agreed by the parties that the tern! "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. 6. RETAINAGE: Retainage is not required under this Agreement. 7; INDENLNIFICATION: 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 shall constitute a waiver by either party of'its sovereign immunity or the provisions of Section 768.28, 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. 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 tenninate 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 shal I 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 ofthe 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. 9. REMEDIES/FINANCIAL CONSEQUENCES: 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 specifiedtimeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure DEP 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 shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. 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. 10. 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. 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 finding 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. DER Agreement No. LP44073, Page 5 of 13 12. B. The Grantee is hereby 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 1 when making 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: httns:\\agps. tldfs.com\fsaa 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. 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 otherpolitical 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 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 document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. DEP Agreement No. LP44073, Page 6 of 13 14. LOBBYING PROHIBITION: In accordance with Section 216.47, 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. 176 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 Department of Environmental Protection Division'ofWater Restoration Assistance 3900 Commonwealth Blvd., MS#3505 Tallahassee; Florida 32399 Telephone No.: 850-245-2928 E-mail Address: Miehael.isaaeson(@,de .state.fl.us The Grantee's Grant Manager at the time of execution for this Agreement is identified below: Rhonda Haag or Successor Monroe County Sustainability Coordinator 102050 Overseas Highway Key Largo, Florida 33037 Tele honeNo.: 305-453-8774 Fax` No.: 3.05-292-4544 E-mail Address: Han-rhonda monroecoun -fl.Qov 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. DEP Agreement No. LP44073, Page 7 of 13 18. INSURANCE: A. Providing and maintaining adequate insurance coverage isamaterial 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. 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 $300,000 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 $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 (httl2://w,vw.dol.gov/owep/dlhwc/iscontac.litm) or to the parties' insurance carrier. 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. EQUIPME141T: 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. Rion -expendable personal propertyor equipment.purchased by asubcontractor that meets the parameters set forth in paragraph 3.D. of this Agreement shall be capitalized in accordance with Chapter 69I-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. G. 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 ofthis 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 ("0) 487-0915. 24. LAND ACQUISITION: Land acquisition is not authorized under the terms of this Agreement. DEP Agreement No. LP44073; Page 9 of 13 25. 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 following 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. 26. 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 1.19.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform'ih_e services under this Agreement. 13 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 119.0701(l)(a), F.'&; [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 ofthe public. agency], then the following requirements apply: Pursuant to Section 119.0701, F.S., a request io'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. ii. 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 shallidentify 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 Agreement. 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 DEP Agreement No. LP44073, Page IO 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. A 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 ombudsman@dep:state.fl.us, 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. 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. 28. 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 file, 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. 29. 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. DEP Agreement No. LP44073, Page 11 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 .INTENTIONALLY LEFT BLANK 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 ,1 By: 14 Mayor George Neugent Print Name of Authorized Person Date: C0UN A, iy.»= PjEY JED 3Z TdF/)RrA STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secreta sign rint Name and Title of Autfiorized Person Date: - &"� &AAQn Michael Isaacson, DEEP Grant Manager �ts IBTAi , __ FEID No.: 59-6000749 CLERK *For Agreements with govemmenta'I°'btsa IOZommissions: 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 Pages) Attachment B _ Payment Request Summary Form (5 Pages) Attachment C Contract Payment Requirements (1 Page) Attachment D Progress Report Form (1 Page) Attachment E Special Audit Requirements (5 Pages) Attachment F Attachment Intentionally Excluded Attachment G Attachment Intentionally Excluded DEP Agreement No. LP44073, Page 13 of 13 ATTACHMENT A GRANT WORK PLAN PROJECT TITLE: Monroe County Canal #75 Backfill Restoration and Canal 448, 459, #79 and #80 Augmented Aeration Restoration 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. The Canal #48, 959, #79, and #80 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 quality impairments within the entire Florida Keys canal hetwork. 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 #75 in Key Largo was identified as a Poor canal that is too deep, lacks oxygen, and is in need of a backfilling restoration. Canals 448, #59, #79, and 480 were also identified 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 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 rerimovaI 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 new seventh and eighth demonstration projects at Canal #75 and.Canals #48, 459, #79, and #80 around Key Largo are the next canal restoration projects to be conducted. The restoration of Canal #75 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 engineeringdesign, access coordination, and permitting services for these demonstration projects are underway, and construction is anticipaied.to begin in the spring of2017. This project includes augmented aeration work at canals #48, 459,479, and #80. These improvements are anticipated to restore the impaired waters of the canal, and bring the dissolved oxygen levels up to meet Rule 62-30.2, Florida Administrative Code, Class 3 marine water quality standards. 1V4T_.W1 11 &131 t f M�.1T Task 1: Canal #75 iDesien and Permittin 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, OEP 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 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 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 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: 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 PEP Agreement -No. LP44473, Page 2 of 7 acceptance by the Department's Grant Manager of the deliverables 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 Protect Task Description: The Grantee will construct the backfilling of canal #75 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: ])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 supportiniz documentation: l . An itemized summaryof 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: Backfilling 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.reques't submittal. DEP Agreement No. LP44073, Page _3 of 7 Payment Bequest Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The outlined Interim Deliverable(s) and/or Final Deliverable(s) must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittal. Task 5: Construction of Canal #48, 059, #79, and #80 Projects Task Description: The Grantee will construct the augmented aeration projects at canals #48, #59, #79, 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 #48, #59, #79, and #80 as described in this task; as evidenced, by: 1) Dated color photographs of the construction site(s) prior to, during, Arid 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 documents., 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 cast 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 Task Title ,budget : Budget Amours Task Star`"t 'Task Erid IQto g3at6. Dater:: 1 Canal #75 Design and Permitting Contractual Services $52,387 09/21/2016 06/30/2018 2 Canal #75 Bidding and Contractual $8,016.40 09/21/2016 06/30/2018 Contractor Selection Services 3 Canal #75 Project Management Contractual Services $76,428 03/01/2017 12/31/2018 4 Construction of Canal #75 Project Contractual Services $1,263,168,60 03/01/2017 10/30/2018 5 Construction of Canal #48 #59, Contractual $100,000 03/01/2017 10/30/20.18 #79, and #80 IPro'ects Services Total: 1 $1,500,000 DEP Agreement No. LP44073, Page,4 of 7 PA ,. flit, ; IF 4w Y y' i ,iC w ' Q . � •, r,��! ,art p4y' \ oogle Earth i` �{�,jr }�►t�,.vt ,,�:�.�,� � S-fir A. iL ` t� . Google Earth t {11r�►t, 1p tr. A r fe i S f i s r r# i t6P 59 KEY LARGO 1*0 / Payment Request No. - ATTACHMENT B PAYMENT REQUEST SUMMARY FORM DEP Agreement No. Date Performance Period (Start date- End date) - Deliverables; completed to -support payment request (anach addifionalpages as needed): Task/Deli*era.ble Task Budget Number(s): Amount: Grantee: 'Name & Mailing Address Grintee Conta& (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 ShWies/Wag6s $ $ Fringe Benefits $ $ Indir6et Cost $ $ Contractual (Stibcotit6etbrs) $ Travel $ $ Equipment (Direct Purchases) $ r Rental/Lease d(Equipment $ MiscellaneouilOther Expenses $ $ Land Acquisition $ TOTAL AMOUNT $ TOTALBUDGET ALL TASKS) ,Less Total Cumulative Payment Requests of: TOTAL REMAINING ALL TASKS )l $ $ GRANTEE CERTIFICATION Complete _GrdntWs- Certification cifPAyhient Request on Page q certify thAt the arnowit being requestedor rdimbursembrit t ' . f above.was-f6r items that were charged to andutihied aftly'foithe above -cit,edlgra-Oi activities. DEPAgreement No.LP44073, Attachment B; Page 1 6f 5 Grantee's Certification of Payment Request on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) do hereby certify for (Print name of Grantee) DEP. Agreement No. and Payment Request No. that: 0 The disbursement amount requested is for allowable costs for 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. ® The Grantee; has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in 'default of any terms or provisions of the contracts. Check all that apply: 0 All permits and approvals required for the construction, which is underway, have been obtained. O Construction up to the point of this disbursement is incompliance with the construction plans and permits. • The Grantee's Grant Manager "relied on certifications'from the following professionals that provided services for 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 DEP Agreement No:4P44073, Attachment B, Page 2 of 5 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. DEP AGREEMENT NO.: This.is the number on your grant agreement. 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). TASKIDELIVERABLE NO.: Identify the number of the Task/Deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). Note. If payment request includes more than one Task/Deliverable, additional pages should identify each Task/Deliverable Number, its corresponding budget amount, and the amount requested. TASK BUDGET AMOUNT: List the Task budget amount as identified in the Grant Work Plan for the corresponding TasklDelverable. Note If payment request includes more than one Task/Deliverable, additional pages should identify each Task/Deliverable Number, its corresponding.budget amount, and the amount requested. GRANTEE: Enter the name of the Grantee's agency and the address to which you want the state warrant 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: "AMOUNT OF THIS REQUEST" COLUNIN: 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'Plan of -your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total:on the ".TOTAL AMOUNT" line. Enter the amount of all Tasks on the "TOTAL BUDGET (ALL TiISKS) line. Enter the:'total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PA YMENT REQUESTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUEST'S OF" from the "TOTAL BUDGET (ALL TASKS)" for the amount.to enter on the"TOTAL REMAINING (ALL TASKS)" line; "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request shotild 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). Enter the column total on the "TOTAL PAYMENT REQUEST" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as' match for the'performance period for the Task(s) you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT" line for this column. Enter the match,budget amount on the "TOTAL BUDGET (ALL TASKS)" line for this column. Enter the total ..cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "TOTAL BUDGET (ALL TASKS)" for the amount to enter on the "TOTAL REMAINING (ALL TASKS) " line. "TOTAL CUMULATIVE MATCHING, FUNDS" COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the,line titled "TOTAL PAYMENT REQUEST." The final request should show the total of all claims, first claim ,through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request'for payment.'Must be signed by both the Grantee's Grant 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 DEP Agreement No.LP44073, Attachment B, Page 3 of 5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYMENT — PART II REIMBURSEMENT DETAIL Grantee dame:. Paym6r t Request No.: DEP Agreement No.: Vendor Name Invoice Number Invoice Date invoice Amount {1j Local Share or Other Funding or Amount Not Requested (2) Requested Amount (3} Check Plumber Task/Detiverable Number(4) $ - $ - $ $ - TOt8(S: $ - $ - DEP Agreement No.LP44073,' Attachment 9,,Page 4 cif 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. 1 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 SRF. 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 Reporting a)dep.state.fl.us Be sure the E-mail payment request includes tile' following: Cc: Department's Grant/Project Manager Subject: Project Number_Disbursement Number: example — LP14025—Disb_l Attachments: 1) Attachment B Payment Request Summary 2) Request for Payment Part II 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 Isaacson 550-245-2925 Michael.isaacsonQdeo.state. fl.us DEP Agreement No.LP44073, Attachment B, 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: htto://WWw.f df-.corn/aadir/reference guide.htm DEP Agreement No. LP44073, Attachment C; Page 1 of I ATTACHMENT D PROGRESS. REPORT FORM DEP Agreement No.: LP44073 Grantee Name: Monroe County 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 reportingrequirements of DEP Agreement No. LP44073 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date DEP Agreement No. LP44073, Attachment D, Page 1 of 1. ATTACHMENT E SPECIAL AIJDPT REQUIREMENTS The administration of resources awarded by the Department of .Environmental Protection (which may be referred to as the "Department", 'DEP", "FDEP" or "Grantor'; or other name in the contract/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 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. AUDITS PART 1: FEDERALLY FUNDED 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 l 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. 2. In connection with the audit requirements addressed in Part I, paragraph 1, 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 A,,A,w.cfda.aov DEP Agreement No. LP44073, Attachment E, Page 1 of 5 PART 1I: 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 1.0.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT l 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 matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph l; 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 10.556 (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 httts:;rtpps.fldfs.conj!.tsaa for assistance. In addition to the above websites, the following websites may be accessed for information. Legislature's Website at littL)://www.lei2.state.fl.tis/Welcomeiinciex.cfni, State of Florida's website at ht �:/,-wivw.n yflaridZ.cani/, Department of Financial Services' Website at http://%v vw.tidfs.com,1 and the Auditor General's Website at htto:t/tivsv«,.mvflorida.com,`audLcti. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State 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 215.97; Florida Statutes. In such an event, the State mvarding agency must arrange for funding the full cost of such additional audits.) PART IV: DEPORT 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: 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: F�DFPSinTle;�ludit`a?dca.state.fl.us 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 loth 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-http:/!harvoster.census.f-yov,`fe2eweb! C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised, and 2 CFR §200.512. 2. 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 atone 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: EQ_EPSinglet�;idit .state.fLus 3. 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: FDEPSinp-(eAudit!a�>:staie.fl.us 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 I West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or management letters required by PART III 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, MS 40 3900 Commonwealth Boulevard Tallahassee; Florida 32399-3000 Electronically: FDFPSinaleAuditr1de .state.fl:us 5. 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. 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 DEP Agreement No. LP44073, Attachment E, Page 4 of5 EXHIBIT-1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci ieot Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Fundin Amount. State Appropriation Category, $ State Resources Awarded to the Recipient Pursuant to this A regiment Consist of the Following Match ing Resources for Federal PrMagrams: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this A regiment Consist of the Following Resources Subject to Section 215.97, F. State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement House Bill 447, Florida Keys Stewardship Act, General Revenue 2016-2017 37.039 Statewide Surface Water Restoration and Wastewater Projects $1,500,000 141115 Total Award 1 $1,500.000 . For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) (tivtitiz:ccti;.gt54],and/or the Florida Catalog of State Financial Assistance (CSFA) (https://apps.fldfs.comlfsWsearchCatalog.aspxl. The services/purposes for which the funds are to -be used are included in the Contract scope ofserviees/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. LP44073, Attachment E, Page 5 of 5 ADVEN-3 OP ID: NR '4�oRo CERTIFICATE OF LIABILITY INSURANCE DATE(M01 /2/202/20 8 18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BUTLER, BUCKLEY, DEETS INC. BLUE LAGOON DR., STE 420 MIAMI, FL Bode William S. Bodenhamer CONTACT BILL BODENHAMER NAME' PHE6161 Exe :305-262-0086 FAIC, No): 305-262-0187 AICONNo, ADDRESS: BBODENHAMER@BBDINS.COM INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Progressive Express Ins. Co. INSURED ADVENTURE ENVIRONMENTAL INC INSURER B: Atlantic Specialty InsUranceCO 12895 SW 87 AVE MIAMI, FL 33176 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT R TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE MOCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO X 03515746-7 06/11/2017 06/11/2018 X ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE PER ACCIDENT $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYE $ (Mandatoryin NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B MARITIME EMPLOYERS B5JH24550 01/21/20111 01/21/2019 BI 1,000,000 LIABILITY BI BY ACC 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 30 DAYS NOTICE OF CANCELLATION EXCEPT FOR NON PAYMENT OF PREMIUM 10 DAYS NOTICE. MONROE COUNTY BOCC IS LISTED AS ADDITIONAL INSURED WITH REGARD PP A�ER�EI�kT TO AUTO LIABILITY. /i c ��,,� ,` CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MONROE COUNTY BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. MARINE RESOURCES OFFICE 2798 OVERSEAS HWY #420 AUTHORIZED REPRESENTATIVE MARATHON, FL 33030 @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ADVEN-1 OP ID: GB ,a►coRO" CERTIFICATE OF LIABILITY INSURANCE DATE(M2/20 01/2/208 18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Accessible Marine Insurance 1145 Robert E Lee Blvd CONTACT NAME: Accessible Marine Insurance AfcNN Ext :504-486-5411 Fn,c No): 504-482-1475 New Orleans, LA 70124 Eric S. Green E-MAIL ADDRESS: gall@ami-ins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:ROckhill Insurance Company INSURED Adventure Environmental Inc. INSURER B: Great American Ins. Company 22136 Greg Tolpin 12895 SW 87th Ave. INSURER C : INSURER D : Miami, FL 33176 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSD UBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE XOCCUR Y Y ENVP007681.-05 01/0912018 0110912019 DAMAGE TO RENTED - PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT PRO ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS L PROPERTY DAMAGE Per accident $ $ MBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ XCESS LIAB U CLAIMS -MADE ED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A PER OTH- STATUTE I i ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Cont. Equipment IMP 5305782-01 01/26/2017 01/26/2018 Scheduled 432,963 B Hull/P&I Liability OMH841008-06 10/12/2017 10/12/2018 P&I Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder shown as additional insured with waiver of subrogation in their favor as requried by written contract as respects insured's operations. E Y RI5 AGEMENTi� #OWMAr `PPR WAIVER JA Y S _ Q r� CERTIFICATE HOLDER CANCELLATION MONROOS Monroe County BOCC 1100 Simonton St. Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOAlRIZE�D pREPREESSSENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD Adventure Environmental Inc. ADVEN-1 PAGE 2 INSURED'S NAME OP ID: GB Date 01/22/2018 Contractors Pollution Liability: Claims Made Aggregate Limit: 2,000,000 Each Contractors Pollution Condition Limit: 2,000,000 Professional Liability: Aggregate Limit: 2,000,000 Each Professional Services Incident Limit: 2,000,000 Commercial General Liability Conditions: Deductible Liability Endorsement Exclusion - Testing or Consulting Errors and Omissions Total Pollution Exclusion Endorsement Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Exclusion -Violation of Statutes that Govern Emails, Fax, Phone Calls or Other Methods of Sending Exclusion - Punitive or Exemplary Damages Amended Waiver of Subrogation Exclusion - Engineers, Architects or Surveyors Exclusion - Exterior Insulation and Finish Systems Exclusion - Professional Services Primary/Non-Contributory Coverage -Blanket - When req. by written contract Additional Insured - Managers or Lessors of Premises Toxic Drywall Exclusion Separation of Insureds Independent and/or Subcontractor Restriction Contractors Pollution Liability (Claims -Made) Conditions: Additional Insured - Owners, Lessees or Contractors (Broad Wording) Amended Waiver of Subrogation Toxic Drywall Exclusion Professional Liability Conditions: War.or Terrorism Exclusion Additional Insured - Owners, Lessees or Contractors Hull & Machinery / Protection & Indemnity: Terms and Conditions applicable to All Sections: Severab±11ty Terms and Conditions applicable to Hull: A. I. Coastwise and Inland Hull Clauses Deliberage Damage (Pollution Hazard) Engines & Machinery - ACV / Limited Perils Only No Lay Up Warranty No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause Vessel Stability NOTEPAD Adventure Environmental Inc. ADVEN-1 PAGE 3 INSURED'S NAME OP ID: GI3 Date 01/22/2018 Terms and Conditions applicable to P&I: SP-38-Form Collision Clause including Tow & Extended Tower's Liability Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Liability Limitation No Release to Tower Warranty P&I Crew Exclusion: Notwithstanding anything contained in the Protection and Indemnity Clauses herein to the contrary, it is understood and agreed that this Company shall not be liable for any loss, expense or claim to employees of the Assured, members of the crew, contractors or subcontractors Punitive/Exemplary Damages Exclusion Special Operations Exclusion Hull & Machinery / 3rd Party Protection & Indemnity (8) Sectional Barges Agreed Value: $210,000 3rd Party P&I: $1,000,000 Policy Number: OMH 4016513-00 Policy Period: 09/21/2017 to 10/21/2017 Terms/Conditions (Hull & Machinery) AI Coastwise and Inland Hull Clauses Boom Clause - Named Perils / Weight Overload Deliberate Damage (Pollution Hazard) No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause Vessel Stability Terms/Conditions (3rd Party P&I): SP-38 Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Lift Exclusion Liability Limitation No Release to Tower Warranty P&I Crew - Crew is Excluded Punitive / Exemplary Damages Exclusion Special Operations Exclusion AI/LP: Mobro Marine, Inc. P. O. Box 986 Green Cove Springs, FL 32043 ADVEN-3 OP ID: NR 14�� ®- CERTIFICATE OF LIABILITY INSURANCE DATE (M01/2212018/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BUTLER, BUCKLEY, DEETS INC. 6161 BLUE LAGOON DR., STE 420 Willia FL. William S. Bodenhamer Bode CONTACT BILL BODENHAMER NAME: _ -- — n/c"r o, E:t1:305-262-0086 ( IAI i c, No,: 305-262-0187 ADMDRESS: BBODENHAMER@BBDINS.COM — --- _ INSURER(S) AFFORDING COVERAGE I NAIC # INSURER A: Progressive Express Ins. CO. _ INSURED ADVENTURE ENVIRONMENTAL INC INSURER B :Atlantic Specialty InsuranceCO 12895 SW 87 AVE MIAMI, FL 33176 INSURER C INSURER D INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE PDDL i ll DRT POLICY NUMBER(M.01 MM DDY MM/DDfYYYYEXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY _ (CLAIMS -MADE OCCUR AMA_GEi(TRSWED PREMISES (Ea occurrence)$ MED EXP (Any one person) — $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PE LOC $ AUTOMOBILE LIABILITY I j COEa cMBcident INED SINGLE LIMIT a $ 1;000 000 _ BODILY INJURY (Per person) $ A ANY AUTO X 03515746-7 06/11/2017 06/11/2018 X ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident) $ X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE PER ACCIDENT) $ $ H--- UMBRELLA Ih__ OCCUR I EACH OCCURRENCE Is B EXCESS LIAB I CLAIMS -MADE AGGREGATE $ DED RETENTION$ ,$ WORKERS COMPENSATION I - - W C STATU- IOTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatoryin NH) If yes, describe under N / A TORY LIMITS ER _ _ E.L. EACH ACCIDENT — is E.L. DISEASE- EA EMPLOYE I $ DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ B MARITIME EMPLOYERS ;B5JH24550 01/21/2018 01/21/2019 BI 1,000,000 LIABILITY BI BY ACC 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 30 DAYS NOTICE OF CANCELLATION EXCEPT FOR NON PAYMENT OF PREMIUM 10 DAYS NOTICE. MONROE COUNTY BOCC IS LISTED AS ADDITIONAL INSURED WITH REGARD TO AUTO LIABILITY. ��P i tv AGEPv11;�tTn�,,, Da iNAIVEE2 A ES . _ - CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MONROE COUNTY BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRovisloNs. MARINE RESOURCES OFFICE 2798 OVERSEAS HWY #420 AUTHORIZED REPRESENTATIVE MARATHON, FL 33030 @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ADVEN-1 _ OP ID: GB CERTIFICATE OF LIABILITY INSURANCE DATE 18Y) 01/22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Accessible Marine Insurance 1145 Robert E Lee Blvd CONTACT NAME: Accessible Marine Insurance a( HONE EXt : 504-486-5411 _ _ —j �A^,c No): 504-482-1475 New Orleans, LA 70124 Eric S. Green E-MAIL ADDRESS: gail@ami-ins.com INSURERS) AFFORDING COVERAGE _ NAIC # INSURER A:Rockhill Insurance Company INSURED Adventure Environmental Inc. _ INSURER B: Great American Ins. Company 22136 Greg Tolpin 12895 SW 87th Ave. INSURER C : _ INSURERD: Miami, FL 33176 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSR 6UBRl� WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y Y ENVP007681-05 01109/2018 01/09/2019 EACH OCCURRENCE $ 2,000,000 ES ( a occurrence) PREMISES PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 5,000 _ _ PERSONAL & ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY I� PRO- r I LOC JECT �_ PRODUCTS $ 2,000,000 _ $ OTHER: AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT Ea accident $ _ BODILY INJURY (Per person) —— $ ANY AUTO ALL OWNED SCHEDULED AUTOS I I AUTOS BODILY INJURY (Per accident) I $ NON -OWNED HIRED AUTOS AUTOS _ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB H OCCUR I EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION $ I $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? N / A I STATUTE I ERH_ E.L. EACH ACCIDENT S _ (Mandatory in NH) - E.L. DISEASE - EA EMPLOYE If yes, describe under I DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ B Cont. Equipment IMP 5305782-01 01/26/2017I 01/26/2018 Scheduled 432,963 B Hull/P&I Liability OMH841008-06 10112/2017 11/1212018 P&I Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certificate holder shown as additional insured with waiver of subrogation in their favor as requried by written contract as respects insured's operations. Y PJR/ Y RIS , AGEM5_NTa�I# s L r� WAI /A YES d Q I.tKJ ]I -ILA l t MULUCK L ANGtLLA I IUN MONRO05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE I Z ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ®-�-���® Adventure Environmental Inc. ADVEN-1 PAGE 2 INSURED'S NAME OP ID: GB Date 01122/2018 Contractors Pollution Liability: Claims Made Aggregate Limit: 2,000,000 Each Contractors Pollution Condition Limit: 2,000,000 Professional Liability: Aggregate Limit: 2,000,000 Each Professional Services Incident Limit: 2,000,000 Commercial General Liability Conditions: Deductible Liability Endorsement Exclusion - Testing or Consulting Errors and Omissions Total Pollution Exclusion Endorsement Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Exclusion -Violation of Statutes that Govern Emails, Fax, Phone Calls or Other Methods of Sending Exclusion - Punitive or Exemplary Damages Amended Waiver of Subrogation Exclusion - Engineers, Architects or Surveyors Exclusion - Exterior Insulation and Finish Systems Exclusion - Professional Services Primary/Non-Contributory Coverage -Blanket - When req. by written contract Additional Insured - Managers or Lessors of Premises Toxic Drywall Exclusion Separation of Insureds Independent and/or Subcontractor Restriction Contractors Pollution Liability (Claims -Made) Conditions: Additional Insured - Owners, Lessees or Contractors (Broad Wording) Amended Waiver of Subrogation Toxic Drywall Exclusion Professional Liability Conditions: War or Terrorism Exclusion Additional Insured - Owners, Lessees or Contractors Hull & Machinery / Protection & Indemnity: Terms and Conditions applicable to All Sections: Severability Terms and Conditions applicable to Hull: A. I. Coastwise and Inland Hull Clauses Deliberage Damage (Pollution Hazard) Engines & Machinery - ACV / Limited Perils Only No Lay Up Warranty No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause Vessel Stability ®-rEP�® Adventure Environmental Inc. ADVEN-1 PAGE 3 INSURED'S NAME OP ID: GB Date 01/22/2018 Terms and Conditions applicable to P&I: SP-38 Form Collision Clause including Tow & Extended Tower's Liability Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Liability Limitation No Release to Tower Warranty P&I Crew Exclusion: Notwithstanding anything contained in the Protection and Indemnity Clauses herein to the contrary, it is understood and agreed that this Company shall not be liable for any loss, expense or claim to employees of the Assured, members of the crew, contractors or subcontractors Punitive/Exemplary Damages Exclusion Special Operations Exclusion Hull & Machinery / 3rd Party Protection & Indemnity (8) Sectional Barges Agreed Value: $210,000 3rd Party P&I: $1,000,000 Policy Number: OMH 4016513-00 Policy Period: 09/21/2017 to 10/21/2017 Terms/Conditions (Hull & Machinery) AI Coastwise and Inland Hull Clauses Boom Clause - Named Perils / Weight Overload Deliberate Damage (Pollution Hazard) No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause Vessel Stability Terms/Conditions (3rd Party P&I): SP-38 Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Lift Exclusion Liability Limitation No Release to Tower Warranty P&I Crew - Crew is Excluded Punitive / Exemplary Damages Exclusion Special Operations Exclusion AI/LP: Mobro Marine, Inc. P. O. Box 986 Green Cove Springs, FL 32043 CERTIFICATE OF LIABILITY INSURANCE Date 1/22/2018 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. Holiday, FL 34691 rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Insurers Affording Coverage NAIC # (727) 938-5562 Insured: South East Personnel Leasing, Inc. & Subsidiaries 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer A: Lion Insurance Company 11075 InsurerB: InsurerC: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Date Limits (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each occurrence $ Commercial General Liability Claims Made11 Occur Damage to rented premises (EA occurrence) Mad Exp Personal Adv Injury General aggregate limit applies per: General Aggregate Policy ❑ Project LOC Products - Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EAAccident) $ Any Auto All Owned Autos r Bodily Injury Scheduled Autos A, IS A AG SMNT (Per Person) Bodily Injury Hired Autos BY E Non -Owned Autos WAIVER (Per Accident) N/A YES— Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2018 01/01/2019 X WC Statu- I I OTH- Employers' Liability tory Limits ER E.L. Each Accident $1,000,000 Any proprietor/partner/executive officer/member E.L. Disease - Ea Employee $1,000,11011 excluded? NO If Yes, describe under special provisions below. E.L. Disease -Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A (Excellent). AMB # 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 80-65-323 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Adventure Environmental, Inc. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s), while working in: FL. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562. Project Name: INCLUDES USL & H. GREGORY J. TOLPIN, LICENSE NUMBERS CGC1506411 & CUC1223905 AS QUALIFIER. ISSUE 06-27-17 (RK). REISSUE 01-22-18 (SS) Begin Date 3 15 2010 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF COUNTY COMMISIONERS Should any of the above described policies be cancelled before the expiration date thereof, the issuing ATTN: MARINE RESOURCES OFFICE. insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. 2798 OVERSEAS HIGHWAY#420 _ MARATHON, FL 33030 t r ADVEN-1 OP ID: GB ACOR/�" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) E(MM/D 018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Accessible Marine Insurance 1145 Robert E Lee Blvd CONTACT NAME: Accessible Marine Insurance PHONE 504-486-5411 n//C, No : 504-482-1475 AIC No Exe E-MAIL ail ami-ins.com ADDRESS: gail@ami-ins.com New Orleans, LA 70124 Eric S. Green AFFORDING COVERAGE NAIC # INSURER A:ROckhill Insurance Company INSURED Adventure Environmental Inc. INSURER B: Great American Ins. Company 22136 Greg Tolpin 12895 SW 87th Ave. INSURER C : INSURERD: Miami, FL 33176 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSD UBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE Fx—] OCCUR Y Y ENVP007681-05 01109/2018 01/09/2019 DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 I POLICY PRO JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY CEa acOMBED SINGLE LIMIT cidentIN $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ I $ E I UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N /A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Cont. Equipment IMP 5305782-02 01/26/2018 01/2612019 Scheduled 432,963 B Hull/P&I Liability OMH841008-06 10/12/2017 10/12/2018 P&I Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more spac is required),,, Certificate holder shown as additional insured with waiver of subrogation AYP E in their favor as requried by written contract as respects insured's operations. WAIVE /A F_S^ , /�� ` c'� l(/ MONRO05 Monroe County BOCC 1100 Simonton St. Key West, FL 33040 t1A14VCLLN I IVIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHO�RIZE�D pREPRESENN�TA_TIIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD Adventure Environmental Inc. ADVEN-1 PAGE 2 INSURED'S NAME OP ID: GB Date 01/29/2018 Contractors Pollution Liability: Claims Made Aggregate Limit: 2,000,000 Each Contractors Pollution Condition Limit: 2,000,000 Professional Liability: Aggregate Limit: 2,000,000 Each Professional Services Incident Limit: 2,000,000 Commercial General Liability Conditions: Deductible Liability Endorsement Exclusion - Testing or Consulting Errors and Omissions Total Pollution Exclusion Endorsement Additional Insured - Owners, Lessees or Contractors —Scheduled Person or Organization Exclusion -Violation of Statutes that Govern Emails, Fax, Phone Calls or Other Methods of Sending Exclusion - Punitive or Exemplary Damages Amended Waiver of Subrogation Exclusion - Engineers, Architects or Surveyors Exclusion - Exterior Insulation and Finish Systems Exclusion - Professional Services Primary/Non-Contributory Coverage -Blanket - When req. by written contract Additional Insured - Managers or Lessors of Premises Toxic Drywall Exclusion Separation of Insureds Independent and/or Subcontractor Restriction Contractors Pollution Liability (Claims -Made) Conditions: Additional Insured - Owners, Lessees or Contractors (Broad Wording) Amended Waiver of Subrogation Toxic Drywall Exclusion Professional Liability Conditions: War or Terrorism Exclusion Additional Insured - Owners, Lessees or Contractors Hull & Machinery / Protection & Indemnity: Terms and Conditions applicable to All Sections: Severability Terms and Conditions applicable to Hull: A. I. Coastwise and Inland Hull Clauses Deliberage Damage (Pollution Hazard) Engines & Machinery - ACV / Limited Perils Only No Lay Up Warranty No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause Vessel Stability NOTEPAD Adventure Environmental Inc. ADVEN-1 PAGE 3 INSURED'S NAME OP ID: GB Date 01/29/2018 Terms and Conditions applicable to P&I: SP-38 Form Collision Clause including Tow & Extended Tower's Liability Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Liability Limitation No Release to Tower Warranty P&I Crew Exclusion: Notwithstanding anything contained in the Protection and Indemnity Clauses herein to the contrary, it is understood and agreed that this Company shall not be liable for any loss, expense or claim to employees of the Assured, members of the crew, contractors or subcontractors Punitive/Exemplary Damages Exclusion Special Operations Exclusion Hull & Machinery / 3rd Party Protection & Indemnity (8) Sectional Barges Agreed Value: $210,000 3rd Party P&I: $1,000,000 Policy Number: OMH 4016513-00 Policy Period: 09/21/2017 to 10/21/2017 Terms/Conditions (Hull & Machinery) Al Coastwise and Inland Hull Clauses Boom Clause - Named Perils / Weight Overload Deliberate Damage (Pollution Hazard) No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause Vessel Stability Terms/Conditions (3rd Party P&I): SP-38 Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Lift Exclusion Liability Limitation No Release to Tower Warranty P&I Crew - Crew is Excluded Punitive / Exemplary Damages Exclusion Special Operations Exclusion AI/LP: Mobro Marine, Inc P. O. Box 986 Green Cove Springs, FL 32043