1st Amendment 02/19/2019Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: February 27, 2020
TO: Rich Jones, Sr. Administrator
Marine Resources
FROM: Pamela Hanco k, . .
SUBJECT: February 19' BOCC Meetings
Attached is an electronic copy of the following item for your handling:
I3 1 st Amendment to die 2015 DRC Emergency Services, LLC, Agreement for Disaster
Response and Recovery Services for Marine Debris and Vessel Removal, extending the
Agreement for one year and adding terms required to ensure conformity with updated state and
federal funding and/or reimbursement requirements.
Should you have any questions, please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305-294-4641 305-289-6027 305-852-7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305-852-7145
J
THIS AMENDMENT TO CONTRACT is made and entered into this 19th day of
February 2020, between Monroe County Board of County Commissioners (hereinafter "MONROE
COUNTY" or the "COUNTY") and DRC Emergency Services, LLC (hereinafter "DRC" or the
"CONTRACTOR").
WHEREAS, the parties entered into a non-exclusive agreement ("agreement" or "contract")
on February 18, 2015, for post -disaster marine response and recovery services, providing for the
removal and disposal of lobster traps, marine debris and abandoned and derelict vessels;
WHEREAS, the Agreement dated February 18, 2015, has a natural expiration date of
February 29, 2020, with the option for five consecutive one-year extensions-,
WHEREAS, the Agreement must be amended in order to comply with current federal and
state funding and reimbursement requirements (grant -based and otherwise);
WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general
public to extend this agreement in order to have a post -disaster marine debris removal contract in
place; and
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein,
the parties have entered into this Amendment No. I to the above -referenced contract as follows:
IN CONSIDERATION of the mutual covenants contained herein the parties mutually
agree as follows:
Section 1. 1. 8 of the February 18, 2015 agreement (the "contract') is hereby amended to read:
The effective date of this AGREEMENT shall be March 1, 2020 through and including
February 28, 2021. The COUNTY shall have the option of extending the AGREEMENT in
one year increments for up to five additional years on the same terms and conditions of this
amended agreement with approval of the COUNTY'S governing board. Such extension(s)
shall be in the form of a written Amendment to the AGREEMENT and shall be executed by
both parties.
2. Section 2.3 of the contract is hereby amended to read:
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this
Agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the
COUNTY by certified mail, return receipt requested, or by deposit with an overnight express
delivery service with proof of receipt to the following:
=6 IVA (6)
Christine Hurley
Assistant County Administrator
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2798 Overseas Highway, Suite 420
Marathon, Florida 33050.
With a copy to: Robert B. Shillinger, Esq.
Monroe County Attorney
1111 12 1h Street, Suite 408
Key West, Florida 33040
With a copy to: Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the CONTRACTOR:
Kristy Fuentes
DRC Emergency Service, LLC
110 Veterans Memorial Blvd., Suite 515,
Metairie, Louisiana 70005
3. Section 9.8 of the contract is amended to read.,
9.8 MAINTENANCE OF RECORDS. The CONTRACTOR must comply with all Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article 1, of
the Florida Constitution. The COUNTY and the CONTRACTOR shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters, or other "public record"
materials in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with and in
connection with this Contract and related to Contract performance. The COUNTY shall have the
right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR.
Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material
breach of this Contract and the COUNTY may enforce the terms of this provision in the form of a
court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any termination or expiration
of the Contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida's public records laws
in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms
and conditions of this contract, the CONTRACTOR is required to:
(1) Keep and maintain public records that would be required by the COUNTY to perform the
service.
(2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided
by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the COUNTY.
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(4) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in
possession of the CONTRACTOR or keep and maintain public records that would be
required by the COUNTY to perform the service. If the CONTRACTOR transfers all public
records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the CONTRACTOR keeps and maintains public records upon
completion of the Contract, the CONTRACTOR shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the COUNTY,
upon request from the COUNTY's custodian of records, in a format that is compatible with
the information technology systems of the COUNTY.
A request to inspect or copy public records relating to a COUNTY Contract must be made
directly to the COUNTY, but if the COUNTY does not possess the requested records, the
COUNTY shall immediately notify the CONTRACTOR of the request, and the
CONTRACTOR must provide the records to the COUNTY or allow the records to be
inspected or copied within a reasonable time.
If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY
shall enforce the Contract's maintenance of records and/or public access and public records
compliance provisions, notwithstanding the COUNTY's option and right to unilaterally cancel this
Contract upon violation of said provision(s) 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.
CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Records shall be retained for a period of seven years from the termination of this agreement
or for a period of five years from the submission of the final expenditure report as per 2 CFR
§200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination of
this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to
CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this
Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay
the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running
from the date the monies were paid by the COUNTY.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
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Department of Homeland Securily C'DHS") Access to Records: Contractor and its successors,
transferees, assignees, and subcontractors acknowledge and agree to comply with applicable
provisions governing the Department of Homeland Security (DHS) and the Federal Emergency
Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and
staff. Contractors/Consultants must 1. Cooperate with any compliance review or complaint
investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the grant and permit access to
facilities, personnel, and other individuals and information as may be necessary, as required by
DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and
accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to
support the reports.
DHS Seal, Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s),
logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA
approval.
4. Section 9.17 of the contract is amended to read:
9.17 NONDISCRIMINATION. CONTRACTOR and COUNTY agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court order.
CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title V11 of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section
504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title
VIII of the Civil Rights Act of 1968 (42 USC s. 3601 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. 12101 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,
this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2
C.F.R. Part 200, Appendix 11, T C, agrees as follows-
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1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided by
the agency contracting officer, advising the labor union or workers' representative of the
contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965,
and shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
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as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for non-compliance; provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
The CONTRACTOR and its subcontractors must follow the provisions, as
applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to
2 C.F.R. Part 200, as amended, including but not limited to:
5. Section 9.29, 1 of the contract is amended to read:
9.29.1 DAVIS-BACON ACT. Davis -Bacon Act, as amended (40 U.S.C. §§3141-3148).
When required by Federal program legislation, which includes emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program and
Transit Security Grant Program, 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, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. If applicable, the COUNTY must place a
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. When required by Federal program legislation,
which includes emergency Management Preparedness Grant Program, Homeland Security
Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program (it does not
apply to other FEMA grant and cooperative agreement programs, including the Public
Assistance Program), the contractors must also comply with the Copeland "Anti -Kickback"
Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the Federal awarding agency,
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(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and
the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause
above and such other clauses as the FEMA may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.
5.12.
6. Section 9.29.2 of the contract is amended to read:
9.29.2 AMERICANS WITH DISABILITIES ACT. Americans with Disabilities Act of 1990, as
amended (ADA) — The CONTRACTOR will comply with all the requirements as imposed by the
ADA, the regulations of the Federal government issued thereunder, and the assurance by the
CONTRACTOR pursuant thereto.
7. Section 9.29.3 of the contract is amended to read-
9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds under
this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to
this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the
opportunity to participate in the performance of this Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.3 21 (as
set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's
have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR
and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the
award and performance of contracts, entered pursuant to this Agreement,
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a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or
services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor
surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
jil
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(4) Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as ap e .-12ropriat , of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in
paragraph (1) through (5) of this section.
8. Article IX of the contract is amended to add Sections 9.29A and 9.29.5 (i.e., 9.29.5.1 through
9.29.5.9) which shall read:
9.29.4. TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service,
the COUNTY shall have the right to terminate this agreement after five days written
notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate
this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the
covenants herein contained at the time and in the manner herein provided. In the event of
such termination, prior to termination, the COUNTY shall provide CONTRACTOR with
five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure
the breach that has occurred. If the breach is not cured, the Agreement will be terminated
for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY
shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds remaining in
the contract; however, the COUNTY reserves the right to assert and seek an offset for
damages caused by the breach. The maximum amount due to CONTRACTOR shall not in
any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves
all rights available to recoup monies paid under this Agreement, including the right to sue
for breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County
Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR
the sum due the CONTRACTOR under this agreement prior to termination, unless the cost
of completion to the COUNTY exceeds the funds remaining in the contract. The maximum
amount due to CONTRACTOR shall not exceed the spending cap in this Agreement
9.29.5.1 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, 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
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contractor must compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of
pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation
or transmission of intelligence.
9.29.5.2 Riahts to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subreciplent must comply with the requirements of 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued
by the awarding agency,
9.29.5.3 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards.
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § §7401-7671 q) and the
Federal Water Pollution Control Act as amended (33 U.S.C, §§1251-1387) and will report
violations to FEMA and the Regional Office of the Environmental Protection Agency
(EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended —applies to Contracts and subgrants of amounts in
excess of $150,000.
9.29.5.4 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,
p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
9.29.5.5 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid
for an award exceeding $ 100,000 must file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are for -warded from tier to tier up to the non -Federal award.
9.29.5.6 Compliance with Procurement of recovered materials as set forth jL2_CFR
§
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act,
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as amended, by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $ 10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
9.29.5.7 The Contractor understands and agrees that any cost resulting from a change or
modification, change order, or constructive change of the agreement must be within the
scope of any Federal grant or cooperative agreement that may fund this Project and be
reasonable for the completion of the Project. Any contract change or modification, change
order or constructive change must be approved in writing by both the COUNTY and
Contractor.
9.29.5.8 The CONTRACTOR shall hold the Florida Division of Emergency Management,
the Federal Emergency Management Agency ("FEMA"), and the COUNTY harmless
against all claims of whatever nature arising out of the CONTRACTOR's performance of
work under this Agreement, to the extent allowed and required by law.
9.29.5.9 E,-Verify, The Contractor shall utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility of all new employees hired by the
Contractor during the term of the Contract and shall expressly require any subcontractors
performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the subcontractor during the Contract term.
9. All of the other terms, covenants, conditions, and provision of the Agreement dated February 18,
2015, except those expressly modified and rendered inconsistent by this Amendment, remain in full
force and effect and binding upon the parties.
In Witness Whereof, the parties have executed this Contract as indicated below.
t511*311,10147F. 111 1 all i
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CLERK
Deputy Cler
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Title,(Print):
By:
Witness (Print Name)
By: { i P �y►1 l �c.�v
Witness (Print Name)
.-STATE OF G A
GU41'1OFJ(—kz---sa2-
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO - NTY, FLORIDA
Mayor Heathe C. C es
M� RE COUNTY ATTOORRNEY
Cole: �.
Signature: d
Signature: U
The foregoing instrument was acknowledged and attested before me this J day of
kE?,� 2020, b r �5�A who is personally known to me or produced
X as proof of identification and did take an oath.
Notary Public Seal -
NARY A. DES ROCHES
NOTARY PUBLIC
State oe Louisiana, Bar No. 19550
My Cornmission is for life
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ISSUE DATE: OW7/2020
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The ACORD name and logo are registered marks of ACORD CERnFICATE NUMBER: PPSXB95X
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