Loading...
Item D07 D.7 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting March 21, 2019 Agenda Item Number: D.7 Agenda Item Summary #5282 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 N/A AGENDA ITEM WORDING: Approval to advertise a Request for Proposals (RFP) for monitoring services for Hurricane Irma marine debris removal from plugged canals and potentially non-plugged canals in unincorporated Monroe County, funded by grant funds from the Florida Department of Environmental Protection. ITEM BACKGROUND: This item is for approval of a Request for Proposals (RFP) for monitoring services related to Hurricane Irma for plugged canals, and other non-plugged canals that may be added to the marine debris program, to be funded by the Florida Department of Environmental Protection (FDEP). The current USDA NRCS marine debris and monitoring services grant does not cover Hurricane Irma monitoring services work in plugged canals, beyond the two plugged canals approved in the initial approvals. Florida Department of Environmental Protection anticipated to provide the following funds per grant: • DEP LP44073 Stewardship Grant $ 42,000 for plugged canal clearing & monitoring, of which $4,000 is estimated for monitoring and $38,000 is estimated for clearing • DEP LP44074 Stewardship Grant $100,000 for plugged canal clearing & monitoring, of which $10,000 is estimated for monitoring and $90,000 is estimated for clearing • DEP 4T13D Water Quality Protection Funding Grant $100,000 for plugged canal clearing and monitoring, of which $10,000 is estimated for monitoring and $90,000 is estimated for clearing. • DEP 4T13D Anticipated new 2019 Stewardship Funding. $TBD A solicitation is needed to select the vendor for the monitoring services from one or more plugged canals, and potentially non-plugged canals funded by DEP and not funded by the USDA NRCS grant, in unincorporated Monroe County. PREVIOUS RELEVANT BOCC ACTION: Packet Pg. 841 D.7 11/20/18: Approval of Amendment No. 1 to the revenue grant agreement 4LP44074 with the Florida Department of Environmental Protection to add marine debris monitoring services and plugged canal clearing to the list of approved uses of the $5.5 Million in available Stewardship Funds. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Marine Debris Monitoring RFP DEP Funded - FINAL LP44074 Grant for Stewardship Funds Use - FULLY EXECUTED DEP Grant 44074-A1 Fully Executed FINANCIAL IMPACT: Effective Date: Issuance Date of RFP Expiration Date: N/A Total Dollar Value of Contract: TBD Total Cost to County: Anticipate 100%reimbursement from FDEP Current Year Portion: TBD Budgeted: No Source of Funds: FDEP CPI: NO Indirect Costs: TBD Staff Time Estimated Ongoing Costs Not Included in above dollar amounts: TBD Revenue Producing: No If yes, amount: Grant: Yes County Match: No Insurance Required: Yes Additional Details: Stewardship grant funds provided by FDEP (#LP44074, $4.0 million in FY 17-18 Florida Keys Stewardship funds and $1.5 million in FY 18-19 Florida Keys Stewardship funds). REVIEWED BY: Rhonda Haag Completed 02/26/2019 4:53 PM Cynthia Hall Completed 03/05/2019 3:49 PM Budget and Finance Completed 03/05/2019 4:58 PM Maria Slavik Completed 03/05/2019 4:59 PM Kathy Peters Completed 03/06/2019 11:25 AM Board of County Commissioners Pending 03/21/2019 9:00 AM Packet Pg. 842 D.7.a MONROE COUNTY Request for Proposals for Hurricane Irma CL Marine Debris Monitoring and Related Services e (D FL CL qb BOARD OF COUNTY COMMISSIONERS a� Mayor Sylvia J. Murphy, District S Mayor Pro Tem Danny L Kolhage, District 1 David Rice, District S Michelle Coldiron, District 2 Heather Carruthers, District 3 z e qb COUNTY ADMINISTRATOR CL Roman Gastesi, Jr. CL CLERK OF THE CIRCUIT COURT Kevin Madok a 0 a 2 March 2019 a� PREPARED BY: Monroe County Sustainability Department Rhonda Haag E Packet Pg. 843 RFP for Consultant Services, Hurricane Debris Monitoring and Related Services NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN that on , 2019, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: HURRICANE IRMA MARINE DEBRIS MONITORING AND RELATED SERVICES MONROE COUNTY,FLORIDA �s Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www. onroec bids.co or call toll-free at 1-800-711-1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, 0 Room 2-213, Key West, Florida. All Responses must be sealed and must be a. LL submitted to the Monroe County Purchasing Office by 3:00 P.M., on May 24, 2018. W U) 4) a Publication dates: Citizen a 0 a a 0 a a 2- Packet Pg. 844 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services TABLE OF CONTENTS a. NOTICE OF REQUEST FOR PROPOSALS A SECTION ONE INSTRUCTION TO RESPONDENTS 1.01 Purpose 1.02 Copies of RFP Documents 1.03 Disqualification of Respondent A 1.04 Examination of RFP Documents 1.05 Interpretations, Clarifications, And Addenda 1.06 Governing Laws and Regulations 1.07 Preparation of Responses 1.08 Preparation of Responses � 1.09 Format and Content of Submission 0 1.10 Modification of Responses U_ 1.11 Responsibility for Response U) 1.12 Receipt and Opening of Responses 0 it 1.13 Response Evaluation and Selection Process 1.14 Award of Contract 1.15 Execution of Contract c 1.16 Certificate of Insurance, Insurance Requirements and Bond Requirements 1.17 Indemnification c SECTION TWO SCOPE OF WORK SECTION THREE DRAFT CONTRACT SECTION FOUR COUNTY FORMS a. 4.01 Submission Response Form 4.02 Lobbying and Conflict of Interest Ethics Clause 4.03 Non-Collusion Affidavit 0 4.04 Drug Free Workplace Form 0 4.05 Public Entity Crime Statement 4.06 Respondent's Insurance and Indemnification Statement 4.07 Insurance Agent's Statement ATTACHMENT A List of Potential Canals DEP Stewardship Grant LP44074 and Amendment 1 -3- Packet Pg. 845 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services IL A IL IL U) 0 a a a 0 LL IL IL LL LL a 0 A a 4j -3- Packet Pg. 846 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services SECTION ONE: INSTRUCTION TO RESPONDENTS IL 1.01 INTRODUCTION/BACKGROUND A cu Monroe County ("County")is located in southern Florida and encompasses the Florida Keys r_ and portions of the Everglades National Park and the Big Cypress National Preserve. The �s scope of this RFP includes only portions of Unincorporated Monroe County in the Florida Keys, which is comprised of a number of islands over 112 miles in length that extend from 0 the southeastern tip of the Florida peninsula to Key West. A The Florida Department of Environmental Protection ("FDEP" or "DEP") provides public assistance funds for water quality improvement projects. In order to receive assistance, Monroe County desires to continue its marine debris removal monitoring program in response to Hurricane Irma, which made landfall in the Florida Keys in September 2017. The County requires the services of a debris monitoring consultant to provide monitoring of marine debris recovery contractors and their operations. The primary responsibility of the 0 consultant will be to provide trained debris monitors to oversee and document contractor a. activities and debris sites in compliance with FDEP requirements for reimbursement. W U) 0 The County is currently in the midst of marine debris clearing and monitoring of 171 canals under the United States Department of Agriculture (USDA)Natural Resources Conservation Service (NRCS) program. That program did not approve 105 of the impacted canals in unincorporated Monroe, nor the remaining plugged canals. Of the 105, the County has 5 plugged canals that are approved for current DEP funding for clearing. In addition, an r_ estimated 50 additional canals remain that have been impacted and may be eligible for future DEP funding for clearing and/or dredging in unincorporated Monroe County. Efforts will be focused only on the 5 plugged canals first, as at this time DEP funds are only available for the plugged canals. If additional DEP funds become available, then some U_ number of the remaining estimated 50 additional canals will be added to the program, dependent on the amount of available funding. A list of the location of the plugged canals where the County anticipates the work to be performed are collectively attached as Attachment A. a. • Overall funding for monitoring is expected to be at least $24,000. Additional funding is dependent on any new Stewardship funds that may be granted this year. • Expected source of funding will be State Stewardship funds, from DEP. c a The debris removal and monitoring services of the plugged canals must be completed by c June 30, 2019. The deadline for any additional work in unplugged canals will be dependent U) on requirements from DEP but shall be no later than June 30, 2020. The County is simultaneously issuing a Request for Proposal (RFP) for the marine debris removal work. Work by the marine contractors is anticipated to include marine debris and sediment/silt removal, management of the debris sites including sorting and reduction, and haul out to the final disposal sites. The debris may include, among other things, vegetative and non-vegetative debris, C&D, white goods and sediment. -15- Packet Pg. 847 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services as The Florida Keys National Marine Sanctuary is a U.S. National Marine Sanctuary in the Florida Keys. It includes the Florida Reef, the only barrier coral reef in North U_ America and the third-largest coral barrier reef in the world. It also has W extensive mangrove forest and seagrass fields. The marine sanctuary includes a 2,800 square nautical mile area surrounding the Keys and reaching into the Atlantic Ocean, Florida Bay and the Gulf of Mexico. The sanctuary was established in 1990. This background is to being provided to remind potential respondents of the very sensitive marine environment in as the Florida Keys in which the work will be performed. Florida Keys National Marine Sanctuary w, ✓ CL Weary ^/% d d .oa� rh CL ti ., yq IIIIIIIIIIIIIIIIIIIIIIIIP as v ree em Areee ` W�r�� ' '��� .'" r E�� ti Uor 0 ,. o .v ry 12p Wl;las 1.02 COPIES OF RFP DOCUMENTS as A. Only complete sets of RFP Documents will be issued and used in preparing responses. The County does not assume any responsibility for errors or U_ misinterpretations resulting from the use of incomplete sets. W CL B. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. 1.03 DISQUALIFICATION OF RESPONDENT A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the E convicted vendor list following a conviction for a public entity crime may not submit -16- Packet Pg. 848 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work a as a contractor, supplier, subcontractor, or consultant under a contract with any W public entity, and may not transact business with any public entity in excess of the A threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $35,000.00 C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every A detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. 0 Failure to complete this form in every detail and submit it with the bid or proposal U_ may result in immediate disqualification of the bid or proposal. U) 2 1.04 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent shall in no way relieve him of the obligations and responsibilities assumed under the contract. z B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. LL a. 1.05 INTERPRETATIONS, CLARIFICATIONS,AND ADDENDA a No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing ten (10) or more days prior to the date fixed for opening of responses will be given consideration. Written 0 inquiries should be emailed to Rhonda Haag at Haag-Rhonda@MonroeCounty-FL.gov. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be posted on DemandStar and a notification will be furnished by DemandStar to all known prospective Respondents listed as plan holder as of the day when the Addendum is issued. Each Respondent shall acknowledge receipt of such addenda in their Proposal. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by E -17- Packet Pg. 849 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. U_ a. 1.06 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of business tax requirements and the procedure for getting authorization to do business in Monroe County and municipalities within Monroe County are the responsibility of the Respondent. 1.07 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as 0 " or "Sole Owner" must appear beneath such signature. In the case of a U_ partnership, the signature of at least one of the partners must follow the firm name and the U) words "Member of the Firm" should be written beneath such signature. If the Respondent is 2 a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Respondent shall state in the response the name and address of each person having an interest in the submitting entity. c 0 1.08 SUBMISSION OF RESPONSES A. Two (2) signed originals and two (2) copies of each response shall be submitted, plus an electronic copy of the response on a thumb drive or CD-ROM. PROPOSALS ARE LIMITED TO 15 PAGES IN LENGTH, INCLUDING THE COUNTY FORMS. Proposers are encouraged to be brief yet concise in their U_ responses. a.B. The response shall be submitted in a sealed envelope clearly marked on the outside with the Respondents name and "Sealed Proposal for Hurricane Irma Marine Debris Monitoring and Related Services", addressed to the entity and address stated in the Notice of Request for Proposals, on or before 3:00 P.M. local time 0 on 2019. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in 2 the Notice of Request for Proposals. Faxed or e-mailed statements of qualifications shall be automatically rejected. Responses will be received until the date and hour stated in the Notice of Request for Proposals. C. Each Respondent shall submit with his Response the required evidence of his qualifications and experience. E -Ig- Packet Pg. 850 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services 1.09 CONTENT OF SUBMISSION IL The proposal submitted in response to this RFP shall be printed on 8-1/2" x 11" white paper and bound; it shall be clear and concise and provide the information requested herein. I Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Respondent should not withhold any information �s from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondents should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add A to the Respondent's overall evaluation. The following information, at a minimum, shall be included in the Submittal: A. COVER PAGE 0 a. A cover page that states "PROPOSAL RESPONSE — HURRICANE IRMA MARINE DEBRIS MONITORING AND RELATED SERVICES" The cover page should contain U) Respondent's name, address, telephone number, and the name of the Respondent's contact 2 person. B. Tabbed Sections 0 TAB 1. EXECUTIVE SUMMARY 0 The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the scope Z of work. Describe the firm's use of technology in the office and in the field and how it will be used to complete scope of work. Describe the firm's methodology for working in the Florida Keys, given the extensive amount of marine field work that will be required, as well as the firm's experience working with Federal and State disaster agencies. a w TAB 2. RELEVANT EXPERIENCE AND PAST PERFORMANCE ON SIMILAR a. PROJECTS The Respondent shall describe the composition and structure of the firm (sole 2 proprietorship, corporation, partnership, joint venture) and include names of persons with r- an interest in the firm. a The Respondent shall provide a project history of the firm or organization demonstrating documented experience with monitoring projects that are similar in scope and size to the services described in this RFP, specifically monitoring for marine debris clearing, dredging, Temporary Debris Management Area (TDMA) site management and hauling. List similar projects or activities specifically completed in the Florida Keys that indicate familiarity and an understanding of the canal systems in the Keys and the conditions of the canals and E -19- Packet Pg. 851 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services nearshore waters. Describe experience in monitoring debris removal projects in the Keys or other sensitive marine environments, and other similar projects. U- a. Describe experience in monitoring dredging of organic silt and sediment removal dewatering methods and disposal,particularly in the Florida Keys or other sensitive marine A environments, and how it was ensured the methods met all local, state and federal requirements. Describe experience in obtaining permits for the above referenced type of projects, particularly hydraulic dredging. Each Respondent shall provide a brief list of past projects that are the same or similar to the A scope of the proposed project. The list should include the information below: ■ Name and full address of referenced project and organization ■ Name and telephone number of Contact person for contract ■ Telephone number(s) ■ Date of initiation and completion of contract for referenced project 0 ■ Brief summary of the project and services including a comparison to those services LL sought by this RFP. a The Respondent shall provide at least two written references from a Florida local government or governmental entity other than Monroe County for which the Respondent has provided the same or similar services during the past three years. Each reference shall include, at a minimum, the information listed above 0 TAB 3. PROJECT APPROACH The Respondent shall describe the marine debris monitoring services that the firm is able to provide and explain in detail how these services will be accomplished. The description should include details of marine debris field operations, data management operations, methodology for complying with and responding to requirements of state and federal disaster agencies, and a response time associated with the services. a w TAB 4. STAFFING FOR THIS PROJECT & QUALIFICATIONS OF KEY a. PERSONNEL The Respondent shall include an organizational chart of all personnel and consultants to be 0 used to complete the scope of work. This section should show evidence of the firm's ability to manage tasks simultaneously and expeditiously; approach to problem/task resolution and teamwork. Include the location of the main office and the location of the office proposed to work on this project. Explain the experience the staff have in working in the Keys or similar areas with similar type projects. Describe experience the staff have in obtaining permits for the above referenced type of projects in the Keys or similar sensitive marine environments. E Local Preference consideration does not apply on this Request for Proposals. -20- Packet Pg. 852 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services TAB 5. FINANCIAL INFORMATION AND LITIGATION a. LU The Respondent will provide the following information: (1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or,if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called A for in the bid specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; as (5) A print out of the "Detail by Entity Name" screen from the Respondent's listing in www.sunbiLorg; a (6) A copy of the Respondent's Annual Report that is submitted to the Florida Secretary 0 of State; U- (7) Answers to the following questions regarding claims and suits: U) a. Has the person, principals, entity, or any entity previously owned, operated or 2 directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? Answer yes or no. If yes,provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously 2 owned, operated or directed by any of its officers, directors, or general partners? Answer yes or no. If yes,provide details; C. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last z U- five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? Answer yes or no. If yes,provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or a directed by any of its officers, owners, partners, major shareholders or directors, ever LU initiated litigation against the county or been sued by the county in connection with a a. contract to provide services, goods or construction services? Answer yes or no. If yes, provide details; e. Whether, within the last five years, the owner, an officer, general partner, principal, 0 controlling shareholder or major creditor of the person or entity was an officer, director, r- general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; Answer yes or no. If yes, provide details; (8). 0,.islounc.�r (minimum of three), including name, current address and current telephone number; (9). (`r°(..61 (minimum of three), including name, current address and current telephone number; (10). iainallcial for the prior three years for the responding entity or for any E entity that is a subsidiary to the responding entity. -21- Packet Pg. 853 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services IL TAB 6. COST SUMMARY A The respondent shall provide a schedule of rates for the project. The summary should include job titles (i.e. project manager, field supervisor, collection monitor, tower monitor), �s a brief description of duties that will be performed by each position, the approximate number of each type of staff that will be required, and an hourly billing rate for each position. Hourly billing rates for each position shall be all-inclusive of expenses. No additional A reimbursable expenses, travel,per diem or equipment charges will be allowed. TAB 7. COUNTY FORMS Respondent shall complete and execute the forms specified below and found at the designated pages in this RFP, and shall include them in the section tabbed 7: 0 a. Form U) Response Form 0 Lobbying and Conflict of Interest Clause Non-Collusion Affidavit Drug Free Workplace Form Public Entity Crime Statement c Respondent's Insurance and Indemnification Statement Insurance Agent's Statement Copies of all professional licenses and business tax receipts shall be included in this section. 1.10 MODIFICATION OF RESPONSES Written modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Request for Proposals and received prior to Proposal due W date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Modification to Sealed Proposal for Hurricane Irma Marine Debris Monitoring and Related Services". If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected. a 1.11 RESPONSIBILITY FOR RESPONSE as The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. -22- Packet Pg. 854 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services 1.12 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. a. Respondents names shall be read aloud at the appointed time and place stated in the Notice W of Request for Proposals. Monroe County's representative authorized to open the A responses will decide when the specified time has arrived, and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature �s opening of a response not properly addressed and identified. Respondents or their authorized agents are invited to be present. 1.13 DETERMINATION OF SUCCESSFUL RESPONDENT A Following the receipt of responses, the selection committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. The selection committee will rank the responses. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or 0 that do not comply in every respect with the Instruction to Respondent and the contract U- documents, may be rejected at the option of the County. U) 2 Each TAB section will be given points used to score and evaluate firms and individuals. The point structure is as follows: a a 0 TAB CRITERION MAX POINTS LL 1 Executive Summary - 5 to 0 2 Relevant Experience and Past Performance 30 LL a. 3 Project Approach 10 LL 4 Staffing 10 5 Financial Information 10 a 6 Pricing and Cost Summary 40 a 7 Forms -5 to 0 TOTAL 100 -23- Packet Pg. 855 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services 1.14 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for portions of the work a. waive any irregularity in any response, or to re-advertise for all or part of the work W contemplated A B. The County also reserves the right to reject the response of a Respondent who �s has previously failed to perform properly or to complete contracts of a similar nature on time, or who, after investigation of references or other criteria, does not meet County standards. C. The recommendation of the committee may be presented to the Board of County A Commissioners of Monroe County, Florida, for final selection. Negotiations will be undertaken with the Respondents as ranked. 1.15 EXECUTION OF CONTRACT a The Respondent with whom a contract is negotiated shall be required to return to the County . one executed counterpart of the prescribed contract together with the required certificates of LL insurance. U) as 1.16 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS cas The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) c days after award of contract, with Monroe County BOCC and FDEP listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent/Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an 9 agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. Worker's Compensation Statutory Limits a. w Employers' Liability Insurance $1,000,000 Accident $1,000,000 Disease,policy limits $1,000,000 Disease each employee General Liability, including $1,000,000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability $1,000,000 per Occurrence (Owned, non-owned and hired vehicles) $1,000,000 Combined Single Limit E -24- Packet Pg. 856 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services Professional Liability $1,000,000 per Occurrence $2,000,000 Aggregate U- a. Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. 1.17 INDEMNIFICATION The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any A kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Respondent or any of its Subconsultant(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Respondent, its Subconsultant(s)in any tier, their officers, employees, servants or agents. a In the event that the completion of the project (to include the work of others) is delayed or 0 suspended as a result of the Respondent's failure to purchase or maintain the required U- insurance, the Respondent shall indemnify the County from any and all increased expenses U) resulting from such delay. Should any claims be asserted against the County by virtue of any 0 deficiency or ambiguity caused by the Respondent, the Respondent agrees and warrants that the Respondent shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. c The first ten dollars ($10.00) of remuneration paid to the Respondent is consideration for the 0 indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the contract. U- a. a 0 a Balance of Page Intentionally Left Blank a -25- Packet Pg. 857 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services Request for Waiver of Insurance Requirements a w It is requested that the insurance requirements, as specified in the County's Schedule of Insurance A Requirements, be waived or modified on the following contract: Respondent: �s Contract for: A Address of Respondent: �s Phone: Scope of Work: a. U) 0 Reason for Waiver: cas ° Policies Waiver will apply to: Signature of Respondent: U- Approved Not Approved Risk Management: Date: a. w County Administrator appeal: U- Approved Not Approved Date: ° Board of County Commissioners appeal: c Approved Not Approved Meeting Date: ° Respondent SIGNATURE -26- Packet Pg. 858 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services SECTION TWO: SCOPE OF WORK 2.1 Upon written authorization from the County the Consultant will perform the tasks outlined LU below to assist the County in responding to the aftermath of Hurricane Irma and its impacts on approximately 5 plugged canals in unincorporated Monroe County. The plugged canals are as �, shown in Attachment A to this RFP. Additional non-plugged canals may be added for monitoring dependent on approval of funds from FDEP. All activities will comply with the requirements of �s grant agreements from FDEP and any applicable federal or State laws and local ordinances. This RFP covers monitoring work in canals and TDMA sites in unincorporated Monroe County. A 2.2 Due to the June 30, 2019 FDEP grant deadline for the plugged canals work, the County anticipates that marine debris removal work may be performed in multiple locations simultaneously and that numerous TDMA sites will be operating simultaneously. In their proposal, the proposers should address how they are prepared to staff two sites at the same time and in their pricing indicate if any economies of scale are recognized. 0 The Consultant shall designate on the work site(s) a qualified accessible supervisor(s) or project a. a. manager. At least one accessible and designated supervisor in each area of operation shall have full W authority to act on behalf of the consultant and its subcontractors and all communications given to the supervisor in writing by the County's authorized representative shall be as binding as if given to the selected firm. It is anticipated there will be two operational TDMA sites: Key Largo and Big Pine Key. 2.3 The Consultant shall provide the following services: 0 1. Provide immediate general program management services with regards to marine debris collection and disposal activities within the County; U_ 2. Provide immediate contract monitoring services related to managing the activities of the County's marine debris contractor(s), including but not limited to: ■ Monitor contractor activity to confirm accuracy and compliance with all federal and a. LU state laws and local ordinances; ■ Ensure proper equipment is mobilized and used, and ensure proper loading techniques U_ are utilized; ■ Monitor marine debris site management for proper segregation of debris, adherence to site permit requirements; c ■ Ensure adherence to safety procedures ■ Monitor Temporary Debris Management Areas (TDMA), site set-up and restoration to U) ensure accuracy and compliance with federal, state, and local laws; ■ Measure and certify truck capacities and retain records of each vehicle Investigate, document and resolve property damage complaints from the public; ■ Conduct end of day duties, such as verifying all trucks have left the disposal site, addressing daily safety reports and corrective action recommendations, and locking down of the facility. -27- Packet Pg. 859 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services ■ Monitor the activities conducted under local, state and federal permit requirements for applicable marine debris removal work, including but not limited to, marine debris clearing, organic silt removal, hauling and vessel removal. a w ■ Ability to read and interpret side scan sonar results. ■ Monitor organic and mechanical silt and sediment removal, dewatering methods and disposal — ensuring it is removed, dewatered, and disposed of in methods meeting all local, state and federal requirements. ■ Monitor the marine waters for threatened and endangered species, take immediate A appropriate protection measure, report to the appropriate County, State and Federal officials 3. Provide marine debris collection and disposal site monitoring services at staging areas, Temporary Debris Management Areas and final disposal sites in accordance with local, state and federal requirements, including but not limited to: 0 a ■ Monitor marine debris collection activities to ensure debris eligibility (type and location of U) collection), provide accurate load tickets with all required information, document damage to 0 property by contractor; cas ■ Monitor staging areas and TDMA sites to ensure entry by certified trucks only; provide accurate determination and documentation of marine debris quantities for debris brought into site and reduced debris leaving the site for final disposal. ■ Ensure proper soil sampling of staging areas and TDMAs as necessary, before and after use by debris contractors. Z ■ Monitor compliance by debris contractors with environmental regulations (including but not limited to regulations issued by DEP), DDMS site permits or authorizations, and requirements of any other permits or authorizations (including but not limited to Army U_ Corps of Engineers) and report non-compliance. a. ■ Monitor and document trucks entering landfill/final disposal sites to confirm, and document a quantities brought to final disposal. W ■ Survey the affected areas for special situations or emergency needs, including but not limited to, identifying navigational hazards, hazardous trees, construction and demolition (C&D) debris in the waters, or other potentially hazardous marine situations. The consultant will document locations, track and coordinate the appropriate dispatch of equipment and make frequent reports to the County on any post-event remedial action. 4. Provide data management of all collection and disposal tickets; 5. Provide the County with daily operating reports that include, at a minimum, information regarding specific canals where collection has occurred, number of crews working, quantities of hours worked by the contractors, quantities of debris by type collected from canals and nearshore -28- Packet Pg. 860 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services waters; marine debris quantities accepted at or shipped from each TDMA site, marine debris quantities shipped to recycling centers or final disposal site and details of damage complaints and any operational/safety issues; a w 6. Review and approve debris removal contractor invoices submitted to the County; A 7. Respond to questions regarding operations and documentation, as needed, during FDEP review �s and close out processes. 2.4 Additional Services The following services will be provided upon authorization by the County: A A. Providing technical and permitting assistance associated with the need to locate additional TDMA sites when requested by the County. B. Collecting baseline data,per local, state and federal requirements, from the designated emergency debris management sites prior to opening these sites. 0 a. C. Assisting the County with obtaining necessary local, state and federal permits for U) the designated emergency debris management sites and for any hydraulic 0 dredging activities to take place. �s D. Conducting ongoing environmental data collection per local, state and federal requirements for the designated emergency debris management sites. c 0 E. Providing technical, clerical, and information technology assistance to the County for completing any and all forms necessary for reimbursement from State or Federal agencies, relating to eligible costs arising out of the disaster recovery 9 effort. This may include, but is not limited to, the timely completion and submittal of reimbursement requests, and preparing replies to any and all agency requests, inquiries or potential denials. U- a. Balance of Page Intentionally Left Blank 0 a a -29- Packet Pg. 861 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services SECTION THREE: DRAFT CONTRACT AGREEMENT FOR a. w CONSULTING SERVICES �, FOR HURRICANE IRMA MARINE DEBRIS MONITORING AND DISASTER RELATED SERVICES This Agreement ("Agreement") made and entered into this day of 2018 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), 0 AND a. a of the State of 0 whose address is its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: a 0 WHEREAS, the canals in Monroe County have been negatively impacted by Hurricane Irma; and z WHEREAS, the County applied to FDEP for funding of marine debris removal monitoring and related services for 5 plugged canals and may apply in the future for an estimated 50 canals for clearing; and U- a WHEREAS, the FDEP has approved the 5 plugged canals eligible for funding and has provided grants LP44073, LP44074, and to fund these services; and U- WHEREAS, the COUNTY issued a solicitation for Marine Debris Monitoring and related work; and c 0 WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for U) Hurricane Irma Marine Debris Monitoring and Related Services; and WHEREAS, CONSULTANT has agreed to provide monitoring services which shall include but not be limited to providing hurricane marine debris monitoring services and program management services, which services shall collectively be referred to as the "Project"; -30- Packet Pg. 862 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: a w FORM OF AGREEMENT A ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; a 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions 0 a. under which the Work is to be completed. U- W U) 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a 0 a� manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document 2 costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services a pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules W and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and W regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the 0 CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, -31- Packet Pg. 863 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. U_ a. 1.1.8 The effective date of this Agreement shall be , 2019. The term of the Agreement shall be for a one (1) year period, unless otherwise terminated as provided A herein. The COUNTY shall have the option of extending the AGREEMENT at the same terms and conditions with approval from the COUNTY'S Governing Board if needed for additional Hurricane Irma marine debris removal monitoring. Such extension shall be in the form a written Amendment to the Agreement executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES A 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Exhibit A to this Agreement. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice 0 to proceed will be in the form of a task order and must contain a description of the services to be U_ performed, and the time within which services must be performed. 2 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES cas The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT z All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: a w Mr. Roman Gastesi, Jr. Monroe County Administrator W 1100 Simonton Street, Room 2-205 Key West, Florida 33040 0 For the Consultant: a a ARTICLE III ADDITIONAL SERVICES -32- Packet Pg. 864 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services 3.1 Additional services are services not included in the Scope of Basic Services. U_ a. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall A respond with a fee proposal to perform the requested services. Only after receiving a Task Order and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with �s the Additional Services. Each Task Order requires the approval of the Board of County Commissioners. ARTICLE IV A COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county-maintained roads, any available maps. a 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect - to the Project. The COUNTY or its representative shall render decisions in a timely manner U_ pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable U) delay in the orderly and sequential progress of the CONSULTANT'S services. 0 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the 9 CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are a. generally consistent with the COUNTY's criteria, as, and if, modified. No review of such W documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, a. fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 0 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. a� ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its E officers and employees from liabilities, damages, losses and costs, including but not limited -33- Packet Pg. 865 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. a w 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the A indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. �s Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. A 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the - a. CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the U- COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further U) defend any claims or action on the COUNTY'S behalf. 0 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. c 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 0 ARTICLE VI PERSONNEL 6.1 PERSONNEL U- a. The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named a. individuals will perform those functions as indicated: W a NAME FUNCTION a a -34- Packet Pg. 866 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. a w ARTICLE VII COMPENSATION �s 7.1 PAYMENT SUM 7.1.1 The Contract Sum shall not exceed $ unless amended by formal approval of the Monroe County BOCC. The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Exhibit B to this Agreement. 7.2 PAYMENTS 0 a. 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid in accordance with assigned Tasks and completion U) of Tasks, based on submitted invoices. All invoices must meet FDEP standards and 2 requirements. cas (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, c compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The following a. documentation must be submitted to support the Consultant's request for W reimbursement: Daily time records for each employee showing name, classification a. or job title, wage rate, hours, and dates actually employed on the Project. 7.3 REIMBURSABLE EXPENSES 0 7.3.1 There shall be no reimbursable expenses allowed under the Contract. U) a� 7.4 BUDGET a 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October 1 - September 30)by COUNTY's Board of County Commissioners. The -35- Packet Pg. 867 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. U- a. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the A Board members at the time of contract initiation and its duration and approval of FDEP and receipt of funds by FDEP. �s ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required A insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 0 a. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service U) of process within the State of Florida. The coverage shall contain an endorsement 0 providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. c 8.3 CONSULTANT shall obtain and maintain the following policies: 0 A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. z B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease,policy limits, $1,000,000 Disease each employee. U- a. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including ofsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. 0 D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. E -36- Packet Pg. 868 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be a reported must extend for a minimum of 48 months following the termination or W expiration of this contract. A E. Professional liability insurance of One Million Dollars ($1,000,000.00)per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a"claims made" policy, CONSULTANT shall maintain coverage or purchase a"tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. A F. Jones Act or Watercraft coverage is required G. COUNTY and FDEP shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. 0 a. H. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by U) COUNTY during the term of this Agreement. COUNTY will not pay for increased 2 limits of insurance for subconsultants. �s I. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The 0 COUNTY reserves the right to require a certified copy of such policies upon request. J. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated z financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS a. 9.1 SECTION HEADINGS W 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 0 and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS as The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS -37- Packet Pg. 869 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such a conditions and provisions as the Board may deem necessary. This paragraph shall be W incorporated by reference into any assignment or subcontract and any assignee or A subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its �s successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD-PARTY BENEFICIARIES A Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. as 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of 4- service, the COUNTY shall have the right to terminate this agreement after five days U_ written notification to the CONSULTANT. U) B. The COUNTY may cancel this Agreement without cause by giving the CONSULTANT sixty (60) days written notice of its intention to do so. a 9.6 CONTRACT DOCUMENTS r_ 0 This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and Exhibits A and B, and modifications z made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. a. 9.7 PUBLIC ENTITIES CRIMES IL A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the 2 construction or repair of a public building or public work, may not submit bids on leases of r_ real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation E -38- Packet Pg. 870 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services 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. U- a. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined A by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the �s amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. 0 CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting 0 principles consistently applied. Records shall be retained for a period of seven years from U- the termination of this agreement or for a period of three years from the date of submission U) of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. 2 Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies 0 paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Z 9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS,AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the W event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16'h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. 0 Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions E of this Agreement, shall not be affected thereby; and each remaining term, covenant, -39- Packet Pg. 871 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services 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 a original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the W Agreement to replace any stricken provision with a valid provision that comes as close as A possible to the intent of the stricken provision. �s 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or 0 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 A attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to 0 the benefit of the COUNTY and CONSULTANT and Subconsultants and their respective U_ legal representatives, successors, and assigns. U) 2 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, 0 as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID z CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. a w 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT 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 the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and E CONSULTANT agree to participate, to the extent required by the other party, in all -40- Packet Pg. 872 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter a into any arbitration proceedings related to this Agreement. W A 9.17 NONDISCRIMINATION �s CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all A local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The 0 Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits U- discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 U) (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The 2 Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIH of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Z Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. a. w 9.18 COVENANT OF NO INTEREST W CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance 0 under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. a 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or E acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse -41- Packet Pg. 873 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. a. 9.20 NO SOLICITATION/PAYMENT A The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it �s to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate A this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. 0 a. 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 U) Constitution of Florida. The County and Contractor shall allow and permit reasonable access 2 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 Z 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 W 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 W service. (2) Upon receipt from the County's custodian of records, provide the County with a 0 copy of the requested records or allow the records to be inspected or copied within a0 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 E by the County to perform the service. If the Contractor transfers all public records to the -42- Packet Pg. 874 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services 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 a contract, the Contractor shall meet all applicable requirements for retaining public records. W All records stored electronically must be provided to the County, upon request from the A County's custodian of records, in a format that is compatible with the information technology systems of the County. �s (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. A If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, as notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time - may be subject to penalties under section 119.10, Florida Statutes. U_ U) The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any 0 it public records unless or otherwise provided in this provision or as otherwise provided by �s law. a IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 29E-3470 BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12111 Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY a. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any a. commercial liability insurance coverage, self-insurance coverage, or local government W liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to 0 contain any provision for waiver. r_ a 9.23 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 E -43- Packet Pg. 875 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. U_ a. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES U) 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 �s responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 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 0 of any service or program contemplated hereunder, and the CONSULTANT and the U_ COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or U) employee of either shall have the authority to inform, counsel, or otherwise indicate that any 0 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. c 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Z Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract rice and an additions thereto shall be adjusted to U_ P Y J � exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the W Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS -44- Packet Pg. 876 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services 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 a counterpart. W A 9.29 FEDERAL CONTRACT REQUIREMENTS. The Consultant and its subconsultants must follow the provisions as set forth in Appendix 11 to Part 200, as amended, including but not limited to: 9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in A 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). as 9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, 0 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, U_ "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and U) Assisted Construction"). In accordance with the statute, contractors must be required 0 to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback" Act(40 Z U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person a employed in the construction, completion, or repair of public work, to give up any part W of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the a� standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in E surroundings or under working conditions which are unsanitary, hazardous or -45- Packet Pg. 877 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. a w 9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award A meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or �s nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any A implementing regulations issued by the awarding agency. 9.29.5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution 0 Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the U_ Federal awarding agency and the Regional Office of the Environmental Protection U) Agency (EPA). 0 9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory z U_ or regulatory authority other than Executive Order 12549. 9.29.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies a to the tier above that it will not and has not used Federal appropriated funds to pay any W person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or W an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. a� Other Federal Requirements: as -46- Packet Pg. 878 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services 9.29.9 Americans with Disabilities Act of 1990 (ADA)— The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. a w 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy A of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in �s part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws A and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. a 9.30 The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system 0 to verify the employment eligibility of all new employees hired by the Consultant during the U- term of the Contract and shall expressly require any subconsultants performing work or U) providing services pursuant to the Contract to likewise utilize the U.S. Department of 2 Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. a IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly c authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA a. By: By: Deputy Clerk Mayor a Date: 0 (Seal) CONSULTANT Attest: a BY: By: Title: Title: c� -47- Packet Pg. 879 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services IL STATE OF A COUNTY OF On this day of 201 , before me the person whose name is subscribed above, and who produced as identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. A Notary Public a� Print Name My commission expires: Seal 0 a. U) 0 a a a 0 LL IL IL LL LL a 0 a a -48- Packet Pg. 880 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services EXHIBIT A A SCOPE OF SERVICES 0 EXHIBIT B 0 a CONSULTANTS RATES a a 0 a. a 0 a a END OF AGREEMENT as -49- Packet Pg. 881 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services SECTION FOUR: RESPONSE FORMS IL RESPONSE FORM A RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 A I acknowledge receipt of Addenda No.(s) 1 have included: o The Submission Response Form o Lobbying and Conflict of Interest Clause ' a. o Non-Collusion Affidavit o Drug Free Workplace Form U) o Public Entity Statement 0 o Respondent's Insurance and Indemnification Statement o Insurance Agent's Statement a In addition, I have included a current copy of the following professional and occupational licenses: 0 (Check mark items above, as a reminder that they are included.) Mailing Address: Telephone: Fax: a. Date: Signed: Witness: a (Seal) im 0 (Name) a (Title) a -50- Packet Pg. 882 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services LOBBYING AND CONFLICT OF INTEREST CLAUSE IL SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA A ETHICS CLAUSE U) (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the IL 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, IL percentage, gift, or consideration paid to the former County officer or employee". U) 0 a (Signature) a Date: 0 STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on IL (date) by (name of affiant). He/She is personally IL known to me or has produced as a identification. (type of identification) E 0 a NOTARY PUBLIC My commission expires: 4j -51- Packet Pg. 883 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services NON-COLLUSION AFFIDAVIT I, of the city of a. according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am A of the firm of the bidder making the Proposal for the project described in the Request for Qualifications for: and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have a. not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any a. competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, U) partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this a affidavit in awarding contracts for said project. 0 (Signature of Respondent) (Date) STATE OF: COUNTY OF: a. PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of 20 a a 0 NOTARY PUBLIC My Commission Expires: a -52- Packet Pg. 884 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: a. (Name of Business) A 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and �s specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse A violations. s 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by a. the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of U) the United States or any state, for a violation occurring in the workplace no later than five (5) days 2 after such conviction. 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or ° rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 0 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. a. Respondent's Signature a. Date ° 0 NOTARY PUBLIC My Commission Expires: -53- Packet Pg. 885 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a. public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may A not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) a. L 0 Date: a. U) 0 STATE OF: COUNTY OF: a Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. a. NOTARY PUBLIC My Commission Expires: a a 0 a a -54- Packet Pg. 886 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services Respondent's Insurance and Indemnification Statement a. Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $1000,000/$1,000,000/$1,000,000 General Liability $1,000,000 Combined Single Limit Vehicle Liability $1,000,000 Combined Single Limit per Occurrence/$1,000,000 Aggregate Professional Liability $1,000,000 per occurrence $2,000,000 aggregate IL Watercraft Liability $1,000,000 L 0 a. Monroe County shall be named as an Additional Insured on the General Liability, Vehicle Liability, and Watercraft Liability policies. U) Jones Act Coverage Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than $1 Million. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy a. Indemnification and Hold Harmless for Consultants and Subconsultants The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the E CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT shall hold -55- Packet Pg. 887 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. a. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. A The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. A RESPONDENT'S STATEMENT �s 1 understand the insurance that will be mandatory if awarded the contract and will comply in full of all the requirements. 0 a. Respondent Signature U) a a INSURANCE AGENT'S STATEMENT 1 have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES a. a 0 A Liability policies are Occurrence Claims Made a Insurance Agency Signature Print Name: -56- Packet Pg. 888 D.7.a RFP for Consultant Services, Hurricane Debris Monitoring and Related Services A ATTACHMENT A PROJECT LOCATION: The Project will be located in up to five plugged canals throughout unincorporated Monroe County, as follows: A Canal Name Latitude Longitude Estimated Cubic Yard of Debris to be Removed �3 19 Key Largo Split 25.2100460 -80.3388620 100 20 Key Largo 25.1944240 -80.3500150 200 62 Rock Harbor 25.0901220 -80.4601190 100 309 Big Pine Key 24.6665570 -81.3649260 500 1- 448 Big Coppitt Key 24.5953050 -81.6479190 100 4- (L U) In the event the available grant funding doesn't cover all of the five plugged canals within 0 unincorporated Monroe County, the County will prioritize the selection of the canals. �s In addition, if additional FDEP grant funds are provided, additional non-plugged canals may be added for monitoring, not to exceed 105 in unincorporated Monroe, located from Key Largo to Stock Island, municipalities' canals not included. a a 0 a a -57- Packet Pg. 889 Qua COURT, 0...•6,JM CUiCUE• Kevin Madok, cPA _ oh'�E cou�4 Clerk of the Circuit Court& Comptroller Monroe County, Florida DATE: August 30, 2018 TO: Rhonda Haag, Director Sustainability&Projects Lindsey Ballard Aide to the County Administrator FROM: Pamela G. Hanco6kc. 0 SUBJECT: August 15'BOCC Meeting U) Attaclied are two duplicate originals of Item D5, Revenue Grant Agreement Number LP44074 with the Florida Department of Environmental Protection to approve die expenditure of 0 $4.0 million in Fiscal Year 2017-18 Keys Stewardship funds; and, $1.5 million in Fiscal Year 2018- 19 Keys Stewardship funds, totaling$5.5 million, towards Monroe County's local cost sliare matcli maximum of$7,930,383.00 under USDA NRCS Grant NR184209XXXXCO27 for marine debris removal and related services resulting from Hurricane Irma, executed on behalf of Monroe County for your handling. Once you receive a fully executed duplicate original back from the state, please forward to my office for die record. W Should you leave any questions, please feel free to contact me at ext. 3130. Thank you. LL U) U) cc: County Attorney U) Finance File 2 0 KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 8 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 30 Packet Pg. 890 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Marine Debris Removal LP44074 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Entity Type:County Grantee Address: 1100 Simonton Street, Key West, FL 33040 FEID: 59-6000749 cm 0 (Grantee) cm 3. Agreement Begin Date: Date of Expiration: IL Upon Execution June 30,2021 4. Project Number: Project Location(s): IL Gnat,in nninmrpuntcd Monroe Cuunt3,City of Alarathon, LL (If different from Agreement Number) and village or islamorada Project Description: U) The grantee will remove marine debris from up to 103 canals. 0 a 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Sources : $5,550,000.00 W] State ❑Federal FY17-18 GAA Line Item 1593A $4,000,000.00 V State ❑Federal FY18-19 GAA Line Item 1580A $1,500,000.00 ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $5,500,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Lisa Mecca Name: Rhonda Haag or successor or successor Address: Florida Dept.of Environmental Protection Address: Sustainability Director 3900 Commonwealth Blvd. 102050 Overseas Highway,Ste.246 Tallahassee,FL 32399-3000 Key Largo,FL 33037 Phone: (850)245-2920 Phone: (305)453-8774 Email: Lisa.Mecca @dep.state.Mus Email: Haag-rhonda@monroecounty-fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby U) incorporated by reference: e) © Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements © Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements U) 0 Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available at littps://facts.fldfs.com,in accordance with§215.985,F.S. ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): V Exhibit A:Progress Report Form ❑ Exhibit B:Property Reporting Form CD Iq Iq 2 Exhibit C:Payment Request Summary Form IL ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. LP44074 Rev.6/20/18 Packet Pg. 891 D.7.b 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers FAIN Federal Award Date.to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below,whichever is;lat ._ U) Monroe County Board of Conn =1siongrs GRANTEE Grantee Name € 4A51 ;f ev' Madok,Clerk B �> - :ova ,.h;,�! o ►5 20 t (Authorized Sigdl'ature) : `` Date Si#ied David Rice,Mayor Pamela Hancock,Deputy Clerk Print Name and Title of Person Signing U) 0 2 State of Florida D artment of Environmental Protection DEPARTMENT By 9 1 S Secretary or Designee Date Signed Trina L.Vielhauer,Division Director 0 Print Name and Title of Person Signing 2 Additional signatures attached on separate page. U U) OE COUN ATTO .NEY c4 P VED M2 Cam- �' ..C2" tn•- P-D c c-a; Ay UNTY ATTORNEY 5J e, Date � z-Z � � �...:a•. : DEP Agreement No. LP44074 Rev.6/20/18 Packet Pg. 892 D.7.b U) m C DWRA Additional Signatures C C &Mecc�a,,DEP Grant Manager t 3 IL L 0 IL San y Waters,D P QC Reviewer U) 0 ° ° C 0 LL U) U) C LL U) 3 0 C m CD IL 4j C 0 ca Packet Pg. 893 D.7.b U) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 A 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), t.3 constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. IL a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation the Agreement is as follows: IL i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant U) Agreement 0 iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties, including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be 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 0 receipt is acknowledged by recipient. If the notice is delivered in multiple ways,the notice will be considered delivered at the earliest delivery time. a c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change t3 order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A U) change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement U) period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or (3)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible t/s for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined IL in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. Attachment 1 1 of 11 Rev.4/27/18 Packet Pg. 894 D.7.b U) The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices;(4)the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes,if provided by Department, for work done at the Project Location(s).The Department reserves the right to investigate or inspect M at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. A Notwithstanding any provisions herein to the contrary,written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. t3 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the FL deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant 11. Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will U) be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or 0 activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 0 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered t3 penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department.The CAP shall be sent to Grant Manager for review and approval.Within ten(10)days U) of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been U) accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for CL cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement.In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to ti) require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude 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 Department as requested by Department's Grant Manager. iii. 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 Department may result in termination of the Agreement. 8. Payment. Attachment 1 2of11 Rev.4/27/18 Packet Pg. 895 D.7.b U) a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. IL d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs L_ upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for IL LL 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 U) following web address:www.myfloridaefo.com/aadir/reference ug ide/. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates.All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridaefo.com/Division/AA/Vendors/default.htm. U) j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must U) be refunded Department.Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. CL If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers,all multipliers used(i.e.,fringe benefits,overhead, indirect,and/or general and administrative rates) M shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty(30) days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be IL substantiated by copies of invoices with backup documentation identical to that required from 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 eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers Attachment 1 3of11 Rev.4/27/18 Packet Pg. 896 D.7.b U) charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.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. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to 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(e.g.,Invitation to Bid,Request IL for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract IL LL resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price U) negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing a $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses,reproduction, or mailing, are reimbursable or available for match or reimbursement under the LL terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department U) - shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil U) or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition.Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting cis acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. M The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting CD period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly IL reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. Attachment 1 4ofII Rev.4/27118 Packet Pg. 897 D.7.b U) The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall A forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not M limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided L_ Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees U) and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as 0 described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. U d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, 0 terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall U) notify Grantee of the termination for convenience with instructions as to the effective date of termination or the U) specific stage of work at which the Agreement is to be terminated.The Department must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The LL Department shall not pay any invoices received after thirty(30)days of the effective date of termination. CL b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described °E in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. Attachment 1 5of11 Rev.4/27/18 Packet Pg. 898 D.7.b U) e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided g j under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. A 14. Notice of Default. M If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default IL notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non IL - LL exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a U) material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; 2 e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials,or failure to make payment to any other entities as required by this Agreement; U g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate LL assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations 0 under the Agreement: U) i. Entry of an order for relief under Title 11 of the United States Code; U) ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; LL and/or CL iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing M resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. IL 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the Attachment 1 6of11 Rev.4/27/18 Packet Pg. 899 D.7.b U) foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No A claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, t.3 consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph,after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole CIL discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment IL to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject U) of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in 0 part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon �3 Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the U) negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a U) waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter LL arising out of any contract or this Agreement. CL d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. f!5 The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to IL other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. Attachment 1 7ofII Rev.4/27/18 Packet Pg. 900 D.7.b U) The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall because for unilateral cancellation of this Agreement.The Grantee shall be responsible A for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a ILL contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount U) provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the 0 date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, 0 supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for �3 maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. U) b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be D excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. t!5 24. Scrutinized Companies. a. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135,F.S., Department may immediately terminate this Agreement at its sole option if Grantee or its subcontractors are found to have submitted a false certification;or if Grantee,or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. CD b. If this Agreement is for more than one million dollars,the Grantee certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., Department may immediately terminate this Agreement at its sole option if Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if Attachment 1 8of11 Rev.4/27/18 Packet Pg. 901 D.7.b U) Grantee,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. c. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. d. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then M they shall become inoperative. A 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying t3 the Legislature or a State agency pursuant to Section 216.347,F.S.;except that pursuant to the requirements of Section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State,Grantee may lobby the CD CD executive or legislative branch concerning the scope of services,performance,term, or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. IL 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in IL 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 U) the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of.(1)three years after the expiration of the Agreement;or(2)the period required by the 0 General Records Schedules maintained by the Florida Department of State(available at: http://dos.myflorida.com/I ibrary-archives/records-manaeement/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this t3 duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; U) ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in U) performance of any work pursuant to this Agreement;and, iii. 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 CL requirements pursuant to this Agreement. °® c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the r/s Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,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,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: IL https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). The Department Attachment 1 9of11 Rev.4/27/18 Packet Pg. 902 D.7.b U) may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs,and fringe benefits). The Grantee must provide the additional proof within thirty(30)days of such request. e. No Comminglina of Funds. 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 M Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, A shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to t.3 demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing ILL rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by IL Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by U) Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. 0 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. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. t3 a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may,for cause, deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. U) d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work U) in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under LL any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred CL under any subcontract. °® e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. 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 t/s diversity of the citizens of the State. 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. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery CD schedule. IL 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 10 of 11 Rev.4/27/18 Packet Pg. 903 D.7.b U) is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. cu 33. Third Parties. A cu The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee, its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This t3 Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. ILL If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained U) technicians who meet or exceed any specified training qualifications.Upon request, Grantee shall furnish a copy of 0 technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department.In the event 0 of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts, t3 each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. LL U) U) LL CL U) 3 cas 2 0 0 Attachment 1 11 of 11 Rev.4/27/18 Packet Pg. 904 D.7.b U) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.LP44074 ATTACHMENT 2 o� These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and A Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Marine Debris Removal.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement begins on July 1,2017 and ends at the IL expiration of the Agreement. b. Extensions.There are extensions available for this Project. U) c. Service Periods.Additional service periods are not authorized under this Agreement. 0 3. Payment Provisions. cas a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicine.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) ❑ ❑ Travel ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition U) 5. Travel. Additional compensation for travel is not authorized under this Agreement. cas 6. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. o� 7. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 8. Match RequirementsIL There is no match required on the part of the Grantee under this Agreement. 9. Insurance Requirements Attachment 2,Agreement No.LP44074 1 of 2 Rev.5/3/2018 Packet Pg. 905 D.7.b U) Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described.below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: M a. Commercial General Liability Insurance. A The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named g, as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable 0 $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. cas The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.,and employer's liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 ° policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. d. Other Insurance.None. 0 10. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 11. Retainage. U No retainage is required under this Agreement. 12. Subcontracting. 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 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 U) performed under this Agreement. U) 13. State-owned Land. The work will not be performed on State-owned land. 14. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 15. Additional Terms. None. Attachment 2,Agreement No.LP44074 2 of 2 Rev.5/3/2018 Packet Pg. 906 D.7.b U) ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Monroe County Marine Debris Removal PROJECT LOCATION: The Project will be located withiin canals in unincorporated Monroe County, A City of Marathon, and Village of Islamorada,Monroe County. PROJECT BACKGROUND: On September 10,2017 the Florida Keys was struck by Hurricane Irma,a Category 4 storm which caused extensive damage to homes and properties.A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. 0 Monroe County requested funding assistance from the United States Department of Agriculture(USDA) 0. National Resources Conservation Service(NRCS)Emergency Watershed Program.This program provides public assistance funds for disaster response related marine debris removal and disposal 0 operations.USDA NRCS approved Monroe County's$45 million application to assist with the removal of marine debris from the 103 eligible canals throughout the Florida Keys. Of this$45 million allocation, unincorporated Monroe County's portion is$34 million which requires a$7.9 million(25 percent match) for the marine debris removal activities.The additional $2.4 milion not covered in this project,will derive from other county sources. 0 PROJECT DESCRIPTION: The Grantee's contractor will remove marine debris from canals. Work includes the identification of locations in the water where significant marine debris exists, locating, removing,and transporting of the marine debris to debris sites. The definition of marine debris includes: W • Vegetation, hazardous waste, construction and demolition debris, propane tanks, white goods, e- waste,docks,non-marine vehicles,motorhomes, seawalls,and houses or portions of houses; • Organic material, sand or silt deposited into the canals as a result of Hurricane Irma; • Traps and other man-made materials, and floating structures. The Grantee does not anticipate that the funding under this Agreement will result in a fully completed D project,so this Agreement will cover a portion of the work. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Marine Debris Removal 2 Deliverables: The Grantee will remove marine debris from canals in accordance with the debris removal contract document. Documentation:The Grantee will submit with each payment request a signed acceptance of the completed work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. IL Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. DEP Agreement No.LP44074,Attachment 3, Page 1 of 2 Packet Pg. 907 D.7.b U) Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE&BUDGET DETAIL: The tasks must be completed by,and all documentation received by,the corresponding task end date. A Task Budget Budget :Task Start" Task End Task Title No, 7 Category, Amount Date. . Date Contractual 1 Marine Debris Removal Services $5,500,000 07/01/2017 12/31/2020 cm Total: $5,500,000 0 U) 0 a a a 0 0 U) U) U) 3 0 4j DEP Agreement No.LP44074,Attachment 3,Page 2 of 2 Packet Pg. 908 D.7.b STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a.. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material,regardless A of the physical form,characteristics, or means of transmission,made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida t3 Constitution or section 119.07(1),F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as defined in section 119.0701(1)(a),F.S.;the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 110.10,F.S. d. 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 Public Records to Department. e. Upon completion of the contract,transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service.If the contractor transfers all Public Records to Department 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 Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department.These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook,Adobe, or Excel, and any software formats the 0 contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: 2 Telephone: (850) 245-2118 Email: public.servicesgfioridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 DEP Agreement No.LP44074,Attachment 4,Page 1 of 1 Rev.4/27/2018 Packet Pg. 909 D.7.b U) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 A 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 agreement)to the recipient(which may be referred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING IL In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, IL 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. 0 . AUDITS PART I: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 U (for fiscal year start dates after December 26,2014). 1. 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 1 to this Attachment indicates Federal funds awarded through the Department of 0 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 U) 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. U) 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. 0 3. If the recipient expends less than$500,000(or$150,000, 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 I- provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F the cost of the audit must be Iq Iq paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained IL from other than Federal entities). DEP Agreement No.LP44074 Attachment 5,Page 1 of 5 Rev.4/27/2018 Packet Pg. 910 D.7.b U) 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.gov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes. A 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining ILL 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 IL 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 U) matching requirements. a 2. In connection with the audit requirements addressed in Part H,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. r_ 0 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 t3 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 https:Happs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfml State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at U) http://www.myflorida.com/audgeii/. e) 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 awarding agency must arrange for t/s finding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. 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 CD, Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the Iq IL recipient directly to each of the following: DEP Agreement No.LP44074 Attachment 5,Page 2 of 5 Rev.4127/2018 -- Packet Pg. 911 D.7.b 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 A Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit n,dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR CIL §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: U) Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street cas Jeffersonville,IN 47132 a 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 0 be found at http://harvcster.census.gov/facweb/ 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 at one the following addresses: By Mail: Audit Director U) Florida Department of Environmental Protection U) Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit(ci)dep.state.fl.us 3. Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on cis 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 Iq Florida Department of Environmental Protection Iq Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 DEP Agreement No.LP44074 Attachment 5,Page 3 of 5 Rev.4/27/2018 Packet Pg. 912 D.7.b U) Electronically: FDEPSingleAudit a,dep.state.fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building A 111 West Madison Street Tallahassee,Florida 32399-1450 4. 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: IL By Mail: Audit Director IL Florida Department of Environmental Protection Office of the Inspector General,MS 40 U) 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSing1eAudit@dep.state.f1.us 0 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. 6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION U) U) The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five(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 CL 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 three(3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. 3 2 0 IL DEP Agreement No.LP44074 Attachment 5,Page 4 of 5 Rev.4/27/2018 Packet Pg. 913 D.7.b t) t) EXHIBIT—I 0 4— FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Following: Federal State t) Program CFDA Appropriation 0 Number Federal Agency Number CFDA Title Funding Amount Category $ t!5 a State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97,F.S.: W State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original General Appropriations Statewide Surface Water Restoration Agreement Line Item 1593A 2017-2018 37.039 and Wastewater Projects $4,000,000 141115 Original General Appropriations Statewide Surface Water Restoration Agreement Line Item 1580A 2018-2019 37.039 and Wastewater Projects $1,500,000 141115 t88 Total Award $5,500,000 t) For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance(CSFA)lhttps://apes.fldfs.comlfsaa/searchCataloe.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. SL U) DEP Agreement No.LP44074,Attachment 5,Exhibit 1,Page 5 of 5 Rev.4/27ro IS 0 4— Packet Pg. 914 D.7.b U) DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: LP44074 � Grantee Name: Monroe County Grantee Address: 102050 Overseas Highway, Ste.246,Key Largo,FL 33040 Grantee's Grant Manager: Rhonda Haag Reporting Period: Project Number and Title: LP44074-Monroe County Marine Debris Removal Provide the following information for all tasks and deliverables identified in the Grant Work Plan: A summary of project accomplishments for the reporting period,and comparison to goals for the period.If 0 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. Identify by task. Use as many pages as necessary to cover all tasks in the Grant Work Plan.The following format should be ° followed. o 0 Task#: Description: Progress for this reporting period: Identify any delays or problems encountered: W Task#: Description: Progress for this reporting period: U) U) Identify any delays or problems encountered: U) This report is submitted in accordance with the reporting requirements of DEP Agreement No.LP44074 and accurately reflects the activities associated with the project. 0 Signature of Grantee's Grant Manager Date Exhibit A,DEP Agreement No.LP44074 1 of 1 Rev.4/5/2018 Packet Pg. 915 D.7.b EXHIBIT C PAYMENT REQUEST SUMMARY FORM ug DEP Agreement No. LP44074 Payment Request No. Request Date: Grantee: A (Name&Mailing Address) Grantee's Grant Manager Task No(s). Task Amount(s)Requested: S CIL O GRANT EXPENDITURES SUMMARY SECTION PREVIOUS TOTAL MATCHING TOTAL U) AMOUNT OF THIS CUMULATIVE � AUTHORIZED TASKS REQUEST PAYMENT PAYMENT FUNDS FOR THIS CUMULATIVE O REQUESTS REQUESTS REQUEST MATCHING FUNDS Task 1: S S S - $ S - a O Task 2: $ S $ - O Task 3: S - S - $ - $ - S Task 4: S - S - " S $ - S w Task 5: S - S S $ - S - Task 6: $ $ S $ _ S U) Task 7: $ - S S $ - S t) tm Task 8: S S S $ - S U) Task 9: S _ S _ S $ _ $ TOTAL AMOUNT S S S $ S O TOTAL BUDGET (ALL TASKS) $ S LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF: S S CD Iq TOTAL REMAINING (ALL TASKS) $ $ 4j - tm GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. M Exhibit C,DEP Agreement No.LP44074,Page 1 of 6 Packet Pg. 916 D.7.b Grantee's Certification of Payment Request �s 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: IL - 0 1.The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. IL 2. All costs included in the amount requested have been satisfactorily purchased,performed,received, and applied toward 0 completing the project;such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. 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. ° 0 U) U) U) 3 Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature 2 0 Print Name Print Name Telephone Number Telephone Number IL 4i 0 Exhibit C,DEP Agreement No.LP44074,Page 2 of 6 Packet Pg. 917 D.7.b Engineer's Certification of Payment Request ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROJECT I, being the Professional Engineer retained by A (name of Professional Engineer) am responsible for overseeing construction of the project (name of Grantee) described in the Agreement and do hereby certify that for DEP Agreement No. and Payment Request No. IL IL 1. All permits and approvals required for the construction,which is underway,have been obtained. U) 2. Payment is in accordance with construction contract provisions. a 3. Construction up to the point of this payment request is in compliance with the approved plans and permits. 4. Equipment,materials,labor,and services represented by the construction invoices have been satisfactorily purchased or received and a applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection. 0 Signature of Professional Engineer U) Firm or Affiliation uy (Date) (P.E.Number) U) 2 0 IL Exhibit C,DEP Agreement No.LP44074,Page 3 of 6 Packet Pg. 918 D.7.b INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM U) DEP AGREEMENT NO.: This is the number on your grant agreement. PAYMENT REQEUST NUMBER:Number of payment request I.3 REQUEST DATE:Date reqeust is submitted GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. TASK NO.: This is the number of the task that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). A TASK AMOUNT REQUESTED: This should match the amount on the"TOTAL TASK BUDGET AMOUNT" line for the`AMOUNT OF THIS REQUEST"column. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST"COLUMN: Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved cm 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 TASKS)"line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE L PAYMENT REQUESTS OF"line. Deduct the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the"TOTAL REMAINING(ALL TASKS)"I ine. IL "PREVIOUS PAYMENT REQUESTS" COLUMN:Enter the total cumulative amount that has been paid in previous requests.Do not include the current reqeusted amount in this total.Do not enter anything in the shaded areas. U) "TOTAL CUMULATIVE PAYMENT REQUESTS"COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests;first through the final request(this amount cannot exceed the approved budget amount for that budget category for the Task(s) M you are reporting on). Enter the column total on the"TOTAL PAYMENT REQUEST"line. Do not enter anything in the shaded areas. a "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 O 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 L3 shaded areas. GRANTEE'S CERTIFICATION:Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. ENGINEER'S CERTIFICATION:Must be signed by Professional Engineer when Construction is being reqeusted for reimbursement. LL Documentation for match claims must meet the same requirements as those expenditures for reimbursement. U) U) U) t!5 2 O IL 4j Exhibit C,DEP Agreement No.LP44074,Page 4 of 6 Packet Pg. 919 D.7.b FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION t� REQUEST FOR PAYMENT—PART II REIMBURSEMENT DETAIL d> Grantee Name: LP44074 Payment Request No.: DEP Agreement No.: Monroe County Marine Debris Removal Local Share or Other Invoice Invoice Amount Task/Deliverable Vendor Name Number Invoice Date (t) Funding or Amount Requested Amount (3) Check Number Number(4) Not Requested(2) $ $ $ $ - $ $ - $ $ - $ $ - O $ $ - $ $ - $ $ - $ $ - $ $ - $ $ - Totals: $ - $ - a O a O U U) U) U) O O Exhibit C,DEP Agreement No.1,44074,Page 5 of 6 Packet Pg. 920 D.7.b Instructions for Completing Request for Payment - Part H 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. Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee,that is not 2 being requested for reimbursement by this grant 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). IL Submittal Instructions U) 0 Instructions for E-mailing: The program now accepts reimbursement requests electronically, please E-mail to Water and Springs Restoration Program. 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. Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form. Remit Payment Request by E-mail to: WSRP(aD_dep.state.fl.us Be sure the E-mail payment request includes the following: Cc: Department's Grant Manager 0 Subject: Project Number_Disbursement Number: example—LP14025_Disb 1 D Attachments: 1) Exhibit D Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Proof of payment(copies of canceled checks, front and back or EFT verification) 3 5) Other supporting documentation, as needed 2 0 For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact: Lisa Mecca,850-245-2924 Lisa.MeccaCoMep.state.fl.us IL 4i Exhibit C,DEP Agreement No.LP44074,Page 6 of 6 Packet Pg. 921 GOURra Kevin Madok, CPA 4 ;a ........ . Clerk of the Circuit Court&Comptroller—Monroe County, Florida ~�6 CaUK` a. DATE: December 13, 2018 TO: Rlionda Haag, Director Sustainability&Projects Lindsey Ballard, Aide to the County Administrator FROM: Pamela G. Hanco k, .C. SUBJECT: November 20'BOCC Meeting Enclosed are two duplicate originals of Item H3,Amendment No. 1 to the Revenue Grant Agreement#LP44074 witli die Florida Department of Euviroiunental Protection to add marine debris L- monitoring services and plugged canal clearuig to dbe list of approved uses of the$5.5 Million in available Stewardship Funds, executed on behalf of Monroe County, for your handling. U) Please be sure to return one fully executed original once signed by the state. Sliould you 0 liave any questions, please feel free to contact me at(305) 292-3550. Tliank you. a 0 a 0 x , 5 cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway ' 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 30 Packet Pg. 922 D.7.c AMENDMENT NO.1 TO AGREEMENT NO.LP44074 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY IL This Amendment to Agreement No. LP44074 (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Monroe County,:(Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Marine Debris Removal,effective September 5,2018;and, WHEREAS, the Grantee has requested a revision in the scope of work and a reallocation of the budget for the project. en NOW THEREFORE,the parties agree as follows: 1. Attachment 3, Grant Work Plan, is hereby,deleted in its entirety and replaced with Attachment 3-1, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. � All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-1, Revised Grant Work Plan. IL 0 2. All other terms and conditions of the Agreement'remain in effect. If and to the extent that any inconsistency IL may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. IN WITNESS WHEREOF,the parties have caused this amendment to Agreement No. LP44074 to be duly executed, 0 the day and year last written below. ° MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 0 By: By- S via J. urp y, M4or . Trina L.Vielhauer,Division Director i ca Monroe County Attorney Approved as to form:. &. a cca,DEP Grant ManagerLL (• - �/a(/41MI�t •£unyBac,oµemail=hall- _cynlhla@manrcemunryfl.gov,c=US °ate:301610.31 I I]3:33 Lf'W' San ra Waters,DEP QC Reviewer �C— List of attachments/exhibits included as part of this Amendment: r� Letter/ r l� O Speci � Number Description(include number of pages) Ahacc nen_ 3-1 Revised Grant Work Plan 2 Pages) Q w �,5�'_q, AS S t✓ MA CLERK CLERK DEPUTY CLERK DEP Agreement No.LP44074,Amendment No. 1,Page 1 of 1 Packet Pg. 923 D.7.c ATTACHMENT 3-1 REVISED GRANT WORK PLAN PROJECT TITLE: Monroe County Marine Debris Removal PROJECT LOCATION: The Project will be located within canals (connected and plugged) in unincorporated Monroe County,City of Marathon,and Village of Islamorada,Monroe County. PROJECT BACKGROUND: On September 10,2017 the Florida Keys were struck by Hurricane Irma,a Category 4 storm which caused extensive damage to homes and properties.A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. Monroe County requested funding assistance from the United States Department of Agriculture (USDA) National Resources Conservation Service(NRCS)Emergency Watershed Program.This program provides public assistance funds for disaster response related marine debris removal and disposal operations.USDA M NRCS approved Monroe County's$45 million application to assist with the removal of marine debris from the 103 eligible canals throughout the Florida Keys.Of this$45 million allocation,unincorporated Monroe County's portion is $34 million which requires a $7.9 million (25 percent match) for the marine debris removal activities. The additional $2.4 million not covered in this project, will derive from other county sources. 0 IL PROJECT DESCRIPTION: The Grantee's contractor will remove marine debris from canals. Work includes the identification of locations in the water where significant marine debris exists, locating, U) removing, and transporting of the marine debris to debris sites. 0 a The definition of marine debris includes: • Vegetation, hazardous waste, construction and demolition debris, propane tanks, white goods, e- waste,docks,non-marine vehicles,motorhomes, seawalls, and houses or portions of houses; • Organic material,sand or silt deposited into the canals as a result of Hurricane Irma; • Traps and other man-made materials,and floating structures. The grantee will also utilize a contractor to provide project management to confirm compliance with NRCS requirements and all state statutes and local ordinances. The Grantee's consultant shall provide project management and disaster related services in canals and temporary debris management area(TDMA)sites. The consultant will oversee the contractor activity and manage the marine debris site and address daily safety reports and corrective action recommendations. In addition, the Grantee will monitor the activities 75 conducted under local,state and federal permit requirements for applicable marine debris removal work. Ir- 15 The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project,so this Agreement will cover a portion of the work. TASKS: All documentation should be submitted electronically unless otherwise indicated. IL Task 1: Marine Debris Removal Deliverables: The Grantee will remove marine debris from canals (connected and up to five plugged) in accordance with the debris removal contract document. DEP Agreement No.LP44074,Attachment 3-1,Page 1 of 2 Packet Pg. 924 D.7.c Documentation:The Grantee will submit with each payment request a signed acceptance of the completed work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 2:Proiect Management and Disaster Related Services Deliverables: The Grantee will utilize a contractor to provide project management and other disaster related services to confirm compliance with NRCS requirements and all state statutes and local ordinances. A Documentation: The Grantee will submit interim progress status surmnaries including summary of inspections,meeting minutes and field notes, as applicable. 0 cm cm Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more U) frequently than monthly. 0 a PROJECT TIMELINE&BUDGET DETAIL:The tasks must be completed by,and all documentation received by,the corresponding task end date. a Task Budget Budget Task Start Task End LL Task Title No. Category Amount Date ' Date, - la Marine Debris Removal Contractual $ .� within connected canals Services 4,800,000 07/O1/2017 12/31/2020 Marine Debris Removal Contractual lb within plugged canals Services $100,000 07/01/2017 12/31/2020 x 2 Project Management Contractual $600,000 07/01/2017 12/31/2020 Services Total: $5,500,000 Ir- DEP Agreement No.LP44074,Attachment 3-1,Page 2 of 2 Packet Pg. 925