Item D2 � D.2
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: D.2
Agenda Item Summary #6914
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
N/A
AGENDA ITEM WORDING: Approval to enter into a contract not to exceed $45,000.00 with
Earth Tech Enterprises, Inc. to provide operations and maintenance services on the air curtain system
on Canal 4266 located on Witters Lane in Big Pine Key, retroactive to June 1, 2020, funded by the
MSBU established for the system in 2019.
ITEM BACKGROUND: This item is to provide a 2-year operations and maintenance contract for
the air curtain on canal 266 in Big Pine that was recently installed after it was destroyed by
Hurricane Irma. The contract includes funding for routine operations and maintenance services. It
does not include funding for damages caused by human-based activity such as vandalism or boat
prop damage, or for damage caused by storm events. Repairs for those type of damages can be
covered by future task order or amendment to the contract, using the unit cost table included in the
contract.
The Municipal Services Benefit Unit "MSBU" assessment that become effective in November 2019
will fund the long-term operations and maintenance of the system, plus repairs and replacement of
the system as needed.
Background: Canal 4266 on Witters Lane in Dr's Arm in Big Pine Key was part of the original canal
restoration demonstration program, receiving a $1.3 Million muck removal restoration and air
curtain. The air curtain was in effect for several months when Hurricane Irma destroyed it. The canal
was subsequently cleared of Hurricane Debris and a replacement air curtain recently installed. A
majority of residents of canal 266 indicated a desire for the air curtain to be replaced, and an
assessment was to fund the operations and maintenance.
PREVIOUS RELEVANT BOCC ACTION:
11/20/18: Discussion and direction on the County's three air curtains installed on Big Pine Key as
part of the County's demonstration projects that were destroyed by Hurricane Irma. [ Commissioners
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D.2
directed County staff to move forward with a solicitation for a replacement air curtain].
03/21/19: Approval to advertise a Request for Proposals for installing a new air curtain system at the
mouth of Canal 4266 located on Witters Lane in Big Pine Key to replace the air curtain destroyed by
Hurricane Irma; and providing a period of operations and maintenance only until a proposed MSBU
takes effect in November 2019.
08/21/19: Approval to award the proposal and to enter into a contract for $127,700.00 with Earth
Tech Enterprises, Inc. to install a new air curtain system at the mouth of Canal 4266 located on
Witters Lane in Big Pine Key to replace the air curtain destroyed by Hurricane Irma; and providing a
120-day period of operations and maintenance after which a proposed MSBU which will take effect
in November 2019 that will fund the operations and maintenance.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Earth Tech O&M Contract for Canal 266 Final signed by Vendor
FINANCIAL IMPACT:
Effective Date: June 1, 2020 Expiration Date: May 31, 2022
Total Dollar Value of Contract: $45,000
Total Cost to County: N/A —Funded by MSBU
Current Year Portion: $15,000 est. Budgeted: N/A
Source of Funds: MSBU—Fund 177
CPI: No Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No. County Match:
Insurance Required: Yes
Additional Details:
01/23/19 NEW COST CENTER ADDED $45,000.00
177-23100
REVIEWED BY:
Rhonda Haag Completed 05/20/2020 10:50 AM
Pedro Mercado Completed 05/21/2020 9:30 AM
Purchasing Completed 06/01/2020 9:45 AM
Budget and Finance Completed 06/02/2020 11:46 AM
Maria Slavik Completed 06/02/2020 12:02 PM
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D.2
Kathy Peters Completed 06/02/2020 12:20 PM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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D.2.a
OPERATIONS AND MAINTENANCE AGREEMENT
BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND
EARTH TECH ENTERPRISES INC.
THIS AGREEMENT is made and entered into this 17th day of June 2020 by and between the
Monroe County Board of County Commissioners whose address is 1100 Simonton Street, Room 2-
205, Key West, Florida 33040 (hereafter "County") and Earth Tech Enterprises Inc. whose address
is 6180 Federal Court, Naples, Florida 34116 (hereafter"Contractor") LU
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For the following Project: AIR CURTAIN OPERATIONS & MAINTENANCE 0
CANAL 4266 BIG PINE KEY, MONROE COUNTY, FL
1. THE AGREEMENT
The Agreement consists of this document and its exhibits. C44
2. SCOPE OF THE WORK ti
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The CONIRACTOR shall provide system operations and maintenance (O&M) and
monitoring, including the cost of electricity consumed and the deposits and fees required by the >
Utility and as documented by paid receipts from the utility. The Contractor shall also provide
replacement of parts and non-maintenance repairs as needed. At a minimum, the O&M activities
shall include:
a) Check, clean, and replace as necessary the blower filters, pistons, 0-rings, and gaskets in
accordance with the manufacturer specifications. The air filters shall be replaced at least
quarterly and the pistons shall be replaced as needed.
b) Dive into the canal and clean the fouling from the air curtain discs using a scrub brush or
equivalent. Adjust the distribution manifold as necessary to reestablish equal air distribution 0
once the fouling has been removed from both sides of the weed barrier system.
c) Inspect the blower enclosure cooling fans and lubricate as necessary. 0
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d) Inspect all visible plumbing lines,fittings, and components for signs of damage, degradation,
or leaks, and correct or replace as necessary. Evidence of damage shall immediately be
reported to the County's project manager. Repairs as a result of damage will be subject to
additional services payment per Exhibit A
e) Respond within 48 hours to individual homeowner complaints. Such response may be in LU
electronic or other communication methods. The County's project manager shall be notified
of all complaints and the resolution.
Maintenance visits shall be completed monthly for the first quarter and quarterly thereafter for the
duration of the contract period.
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Document each visit using the attached O&M Inspection Form included as Exhibit B and submit to
the COUNTY within 48 hours after completing inspection.
The Contractor shall establish an account for the system with the Keys Energy Services (Keys
Energy) for the systems dedicated meter and shall pay all associated fees and deposits required for
establishing the electrical service. Additionally, the Contractor shall pay the monthly electric bill in
a timely manner so that a disruption in service does not occur.
3. ADDITIONAL SERVICES
A. If Additional Services are required, the County shall issue a letter requesting and describing
the requested services to the Contractor. The Contractor shall respond with a fee proposal to
perform the requested services. Only after receiving approval in writing and a notice to
proceed from the County, shall the Contractor proceed with the Additional Services.
B. If Additional Services are desired for the services or replacement equipment listed in Exhibit
A, the County shall issue a Task Order describing the requested services to the Contractor.
Only after receiving an executed Task Order from the County, shall the Contractor proceed 76
with the Additional Services.
C. Additional services and equipment are services not included in the Scope of Basic Services. a
Should the County require additional services they shall be paid for by the County at rates
or fees negotiated at the time when services are required,but only if approved by the County
before commencement.
4. CONTRACT AMOUNT N
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A. The COUNTY shall pay the Contractor an amount not to exceed Twenty Thousand Dollars
($20,000.00)for the Contractor 's performance of the Contract for operation and maintenance of
the air curtain. This amount includes payments as follows:
Service Unit 9 Visits Per Visit Price Total
0
1 Monthly for Quarter 41 EA 3.0 $2,000.00 $ 6,000
0
2 Quarterly for quarters 42-8 EA 7.0 $2,000.00 $ 14,000
Total $ 20,000
B. No additional costs for travel, mileage, meals, or lodging shall be allowed.
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C. The County shall additionally reimburse the Contractor up to Twenty-Five Thousand Dollars
($25,000.00)for the sole purpose of reimbursing the Contractor for the actual power consumption E
costs paid. It is estimated, due to the no-run condition for favorable winds, that the system shall
run approximately 80% of the time at a total, Not to Exceed (NTE) annual estimated cost of
$12,500.00. Fees and deposits to be reimbursed by the County at actual costs plus 10%overhead
and Profit.
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D. The Total Contract value shall not exceed Forty-Five Thousand Dollars ($45,000.00).
E. The County shall additionally reimburse the Contractor for the replacement costs of equipment
not covered under the normal operations and maintenance services, subject to a task order issued
by the County and paid receipts provided by the Contractor.
5. BUDGET
A. 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 budgeted
amount may only be modified by an affirmative act of the County's Board of County S
Commissioners.
B. The County's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration N44
6. PAYMENTS TO CONTRACTOR
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A. Contractor shall submit to County itemized invoices with all required supporting O&M
documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to >
the Clerk is based on generally accepted accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal of funds. Invoices for O&M may be
submitted quarterly in the lump sum amount indicated herein. Invoices for the electrical
may also be submitted quarterly, with a paid receipt from FKEC for the previous month's 76
power use.
B. County shall pay in accordance with the Florida Local Government Prompt Payment Act;
payment will be made after delivery and inspection by County and upon submission of
invoice by Contractor.
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7. TERM OF AGREEMENT
A. The start of the O&M Agreement will commence on June 1, 2020 and extend for two (2) U
years unless terminated earlier under paragraph 19 of this Agreement. 2
B. The County shall have the option to renew this Agreement for up to two (2) additional years
upon period at terms and conditions mutually agreeable to the parties, exercisable upon
written notice given at least 30 days prior to the end of the initial term.
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8. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
Contractor has, and shall maintain throughout the term of this Agreement, appropriate c,
licenses. Proof of such licenses and approvals shall be submitted to the County upon request.
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D.2.a
9. FINANCIAL RECORDS OF CONTRACTOR
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their 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,
the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
10. PUBLIC ACCESS
A. Contractor must comply with Florida public records laws, including but not limited to Chapter
119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and �C
Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters or other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall have the right
to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the 0
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 parry, be entitled to reimbursement of all attorney's fees and costs associated with
that proceeding. This provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order .2)
to comply with this provision.
B.Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Contractor is required
to: tV
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(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 4
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. U
(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 w
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 E
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
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D.2.a
County's custodian of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County
shall immediately notify the Contractor of the request, and the Contractor must provide the
records to the County or allow the records to be inspected or copied within a reasonable time.
C. If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract,notwithstanding the County's
option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. w
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.
D. 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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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 0
THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-
3470, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040.
11. HOLD HARMLESS AND INSURANCE N
A. Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the County and the County's elected
and appointed officers and employees harmless from and against (i) any claims, actions or
causes of action, (ii) any litigation, administrative proceedings, appellate proceedings or
other proceedings relating to any type of injury(including death), loss, damage, fine,penalty
or business interruption, d (iii) any costs or expenses that may be asserted against, initiated
with respect to, or sustained by, any indemnified party by reason of, or in connection with,
(A) any activity of Contractor or any of its employees, agents, sub-contractors or other
invitees during the term of this Agreement, (B) the negligence or willful misconduct of
Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of
this Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent
acts in part or omissions of the County or any of its employees, agents, contractors or invitees
(other than Contractor). Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term
of this Agreement, this section will survive the expiration of the term of this Agreement or E
any earlier termination of this Agreement.
B. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of Contractor to comply
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with the requirements of this section shall be cause for immediate termination of this
agreement.
Prior to execution of this agreement, Contractor shall furnish the County Certificates of Insurance
indicating the minimum coverage limitations in the following amounts:
Type of Insurance Limits County Form
Commercial General $300 000 GLl
Liability
Business Automobile $300 000 VL2
Liability
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Workers Compensation Statutory WC3
Employers Liability $100,0001$500,0001$100 000 WC3
c,
Jones Act Coverage $300,000 WCJA
Watercraft Liability $500,000 WLI
C. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to
the County at the time of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a provision that not less than thirty 0
(30) calendar days' written notice shall be provided to the County before any policy or
coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do
business in the State of Florida. If requested by the County Administrator, the insurance
coverage shall be primary insurance with respect to the County, its officials, employees,
agents and volunteers. Monroe County Board Of County Commissioners must be named as
Additional Insured on all policies except Worker's Compensation.
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12. NON-WAIVER OF IMMUNITY
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Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of County
and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage,
self-insurance coverage, or local government liability insurance pool coverage shall not be deemed
a waiver of immunity to the extent of liability coverage,nor shall any Agreement entered into by the
County be required to contain any provision for waiver.
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13. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement Contractor is an independent contractor
and not an employee of the Board of County Commissioners of Monroe County. No statement
contained in this agreement shall be construed so as to find Contractor or any of his employees, subs,
servants, or agents to be employees of the Board of County Commissioners of Monroe County. w
14. NONDISCRIMINATION
The parties 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. The parties agree to comply with all Federal and Florida
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D.2.a
statutes, and all local ordinances, as applicable,relating to nondiscrimination. These include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit
discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title
IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended(42 USC §§ 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 91616), as amended,relating w
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality
of alcohol and drug abuse patient records; 8) Title VHI of the Civil Rights Act of 1968 (42 USC §§
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 §§ 12101), as amended from time to time,
relating to nondiscrimination in employment 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; and 76
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.
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15. ASSIGNMENT/SUBCONTRACT
Contractor shall not assign or subcontract its obligations under this agreement to others,
except in writing and with the prior written approval of the Board of County Commissioners of
Monroe County and Contractor, which approval shall be subject to such conditions and provisions
as the Board may deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions U-
of this agreement. Unless expressly provided for therein, such approval shall in no manner or event
be deemed to impose any additional obligation upon the board.
16. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
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In providing all services/goods pursuant to this agreement, Contractor shall abide by all laws 2
of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating
the provisions of, such services, including those now in effect and hereinafter adopted. Compliance
with all laws includes, but is not limited to, the immigration laws of the Federal and State
government. Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this agreement and shall entitle the Board to terminate this Agreement.
CONTRACTOR shall possess proper licenses to perform work in accordance with these
specifications throughout the term of this Agreement.
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17. DISCLOSURE AND CONFLICT OF INTEREST
A. Contractor represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any <
manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
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and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited
to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation;misuse of public position,conflicting employment or contractual relationship;
and disclosure or use of certain information.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall
notify the County of any financial interest it may have in any and all programs in Monroe County
which the Contractor sponsors, endorses, recommends, supervises, or requires for counseling,
assistance, evaluation, or treatment. This provision shall apply whether or not such program is
required by statute, as a condition of probation, or is provided on a voluntary basis.
C. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any 0
company or person, other than a bona fide employee working solely for it, to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making
of this Agreement. For the breach or violation of the provision, the Contractor agrees that the
County shall have the right to terminate this Agreement without liability and, at its discretion,to
offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
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18. NO PLEDGE OF CREDIT
Contractor shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation,judgment, lien, or any form of indebtedness. Contractor further
warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill
the terms of this contract. 76
19. NOTICE REQUIREMENT
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Any notice required or permitted under this agreement shall be in writing and hand delivered
or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY: FOR CONTRACTOR:
Monroe County Earth Tech, Inc.
Sustainability &Projects 6180 Federal Court
102050 Overseas Highway, Ste. 246 Naples, FL 34116
Key Largo, FL 33037
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
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20. TAXES
County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not
be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials
used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's
Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
21. TERMINATION LU
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A. The County or Contractor may terminate this Agreement for cause with seven (7) days' 0
notice to Contractor. Cause shall constitute a breach of the obligations of either party to
perform the obligations enumerated under this Agreement.
B. Either of the parties hereto may cancel this agreement without cause by giving the other
party One Hundred Twenty(120)days written notice of its intention to do so with neither
party having any further obligation under the terms of the contract upon termination.
C. The County may at any time and for any reason terminate Contractor's services and work
at County's convenience. Upon receipt of such notice, Contractor shall,unless the notice
directs otherwise, immediately discontinue the work and placing of orders for materials, >
facilities and supplies in connection with the performance of this Agreement. Upon such
termination, Contractor shall be entitled to payment only as follows: (1) the actual cost
of the work completed in conformity with this Agreement; plus, (2) such other costs
actually incurred by Contractor and approved by the County; (3)plus ten percent (10%) �
of the cost of the work referred to in subparagraph (1) above for overhead and profit.
Contractor shall not be entitled to any claim or claim of lien against the County for any U-
additional compensation or damages in the event of such termination and payment.
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22. GOVERNING LAW,VENUE, INTERPRETATION,MEDIATION,
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A. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida applicable to Agreements made and to be performed entirely in the State. 2
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B. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement,the County and Contractor agree that venue
will lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
C. The County and Contractor agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
D. The County and Contractor agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with
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the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
23. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by L1°
law unless the enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. The County
and Contractor agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
24. ATTORNEY'S FEES AND COSTS
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County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement,the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in
appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket
expenses whether it is the prevailing party or not, through all levels of the court system.
25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of County and Contractor. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or �-
issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or
issues are still not resolved to the satisfaction of County and Contractor, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
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26. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution,performance, or breach of this Agreement, County and Contractor agree
to participate, to the extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or provision of the services
under this Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
27. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of County and Contractor and their respective legal representatives, successors, and
assigns. Contractor <
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28. AUTHORITY
Each parry represents and warrants to the other that the execution, delivery and performance
of this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
29. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement;provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each parry prior to
submission.
30. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which apply to
the activity of officers, agents, or employees of any public agents or employees of the County,when
performing their respective functions under this Agreement within the territorial limits of the County
shall apply to the same degree and extent to the performance of such functions and duties of such
officers, agents, volunteers, or employees outside the territorial limits of the County.
31. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not i_
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 6
case law.
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32. 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-parry claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the County
nor the Contractor or any agent, officer, or employee of either shall have the authority to inform,
counsel,or otherwise indicate that any particular individual or group of individuals,entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Agreement.
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33. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace <
Statement.
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34. 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.
35. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument and
any of the parties hereto may execute this Agreement by signing any such counterpart.
36. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only,
and it is agreed that such section headings are not a part of this Agreement and will not be used in
the interpretation of any provision of this Agreement.
37. PUBLIC ENTITY CRIME INFORMATION 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 a
public entity, may not be awarded or perform work as a Construction Manager, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business U-
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."
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38. FEDERAL CONTRACT REQUIREMENTS
A.EQUAL EMPLOYMENT OPPORTUNITY
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 H, ¶ C, agrees as follows:
1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are employed, and that E
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
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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, w
discussed, or disclosed the compensation of the employee or applicant or another employee or 06
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. 76
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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. i_
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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. 2
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7) In the event of the Contractor's non-compliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
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,
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D.2.a
including sanctions for non-compliance; provided, however, that in the event a Contractor becomes
involved in, or is threatened with, litigation with a sub consultant 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.
MISCELLANEOUS FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions as set forth in 2 C.F.R. §200.326
and 2 C.F.R. Part 200, as amended including but not limited to: °®
B. 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 U_
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 sub recipient 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 2
reported violations to the Federal awarding agency.
a)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.
b) Subcontracts. The Contractor or sub consultant 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 sub consultants to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for the compliance by any sub consultant or lower tier sub Contractor
with all of these contract clauses. 1°
c) 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. E
C. 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
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D.2.a
or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence. L1°
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D. RIGHTS TO INVENTIONS
Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of"funding agreement"under 37 CFR §401.2 (a)and the recipient or sub recipient 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 sub recipient must comply with the requirements of 37 CFR
Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under 76
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
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E. CLEAN AIR ACT (42 U.S.C. 7401-7671q.)AND 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. §§7401-7671q) 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 sub grants of amounts in excess of$150,000.
F. 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 government
wide 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.
G. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Contractor's that apply or bid for an award exceeding $100,000 must file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from <
tier to tier up to the non-Federal award.
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D.2.a
H. PROCUREMENT OF RECOVERED MATERIALS
Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.
Contractor must comply with section 6002 of the Solid Waste disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designed in guidelines of the Environmental Protection Agency(EPA) at 40 CPR part 247 that
contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value
of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA w
guidelines.
L AMERICANS WITH DISABILITIES ACT OF 1990 (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.
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J. DISADVANTAGED BUSINESS ENTERPRISE 76
Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with County funds under this
Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this
Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to
participate in the performance of this Agreement. In this regard, all recipients and contractors shall
take all necessary and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The
County and the Contractor and sub consultants 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. U-
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
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WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
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. 2
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;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises; E
(5) Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of the <
Department of Commerce.
(6) Requiring the Contractor, if subcontracts are to be let, to take the affirmative
steps listed in paragraph (1)through(5) of this section.
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D.2.a
K. 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.
L. ACCESS TO RECORDS
Contractor and their 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. Contractor 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 Deal, 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.
M. CHANGES TO CONTRACT
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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 Proj ect and 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.
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N. MAINTENANCE OF RECORDS
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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 w
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 E
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.
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D.2.a
40. FLORIDADIVSION OF EMERGENCY MANAGEMENT REQUIREMENTS
A. The Contractor is hound by the terms and conditions of the Federally-Funded Subaward and.
Grant Agreement between County and the Florida Division of Emergency Management (Division),.
B. The Contractor shall hold the Division and 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.
38. MUTUAL REVIEW �
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
respective officer or representative thereunto duly authorized the day and year first above written.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST RE
NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: OF MONROE COUNTY, FLORIDA
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By: By:
Deputy Clerk Mayor/Chairman
Date
(SEAL)
Earth Tech Enter rises,Inc. —
Attest:
By: By:
Dawn Burt
Print Name: Print Name: Christopher Gehring
Agent
Title: Title: President
Date: 5-27-2020 Date: 5-27-20
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06
STATE OF FLORIDA
COUNTY OF Lee �
Subscribed and sworn to(or affirmed)before me,by means of 1!�physical presence or Q online notarization,
on May 27,200 (date)by Christopher Gehring (name of aff ant). He/. he
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is personally known to me or has produced (type of
i anti ication) as identi
Notary ublic
pS R�Yfi{.
Bernard McGovern co, P1JA
Print Name YCOA4Af sto #cON,ER
M commission ex ices: rnnezx,zozz Seal "r''-° ' EXPIF�E&jun GG216543
y p � Aarraed rhn,�y e 22.2022
° +!Nblic l�r ¢ rters
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D.2.a
EXHIBIT A
ADDITIONAL SERVICES AND REPLACEMENT EQUIPMENT
The following equipment list will be used for pricing of replacement of equipment caused by human-
caused damage such as vandalism or boat prop damage and also damage caused by a natural disaster
such as a Hurricane. All other maintenance and repairs shall be included in the operations and
maintenance services performed under this Agreement. Additional services needed not covered
under this agreement for related type of services shall be negotiated between the parties at the time
of such need.
Item 4 Item Unit Estimated Unit Prices
Quantity
1 Mobilization LS 1.0 $ TBD, NTE $6,000
N
2 Water Quality Control System LF 60.0 $15.00/foot
3 Demolition of Existing Air LS 1.0 $ TBD, NTE $10,000
c
Curtain- -
4 Electrical Hook-up LS 1.0 $100 .00
5 Weighted Diffuser line LF 1500.0 $4.00/foot
6 Diffuser Manifold with EA 2.0 $1,400.00/diffuser
portable gauge
i_
7 (6) compressors in cabinet on EA 6 $2,000/compressor
existing elevated platform
8 Control panel EA 1.0 $10,000.00 ti
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9 Wind Switch EA 1.0 $5,750.00
10 Weather Monitor&Pole EA 1 .0 $1,100.00 0
c,
11 Labor LS 1.0 $ To be determined
12 Diffusers- 12" Membrane EA 20.0 $190.00 each u
Discs °®
13 Diffuser Bases EA 10.0 $475.00 each
14 Cabinet Landscaping LS 1.0 $750.00
15 Navigation Hazard Reflective EA 1 .0 $1,750.00
Signs
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D.2.a
EXHIBIT B
O&M INSPECTION FORMS
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OPERATIONS AND MAINTENANCE SUMMARYREPORT
Air Curtain Operations and Maintenance
Water Quality Improvement Project Canal#266 Doctor's Arm
Big Pine Key, Monroe County, FL
CanalF'7'266
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Report Coinpleted By:
Date:
Weather:
Day:
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ReportNo: -----------------------------------------------------
CLIMATE CONDITIONS A.M. P.
Low Temperature: Partly Cloudy
High Temperature- Cloudy
A.M. P.M
Wind Speed: Windy
U-
Wind Direction: Rain
C44
SYSTLM MEASUREMENTS: tJ
Diffuser 0
Line 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Pressure 0
Flow 0
WEED WRACK CONDITIONS:
Extent of weed wrack outside of curtain: Is it stagnant or migrating along the shoreline? LU
Presence of weed wrack inside canal? If so, describe quantity, extent, and location: E
Other:
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D.2.a
SUMMARY OF VISIT AND INSPECTION:
PREVENTATIVE MAINTENANCE AND CLEANING ACTIVITIES PERFORMED: =
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WARRANTY ITEMS ADDRESSED:
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UNRESOLVED ISSUES/FACTORS CONTRIBUTING TO POTENTIAL OPERATION
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OR ITEACE ISSUES:
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OTHER TES:
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D.2.a
OPERATIONS AND MAINTENANCE INSPECTION REPORT
FIELD REPORT AND CHECK LIST
Project Tralc. nu I - . ICanal cuv vFsc�aaI m�u�r�aunacnm we
water Quality improvement Project
Canai;;166 uoctor's Arm,trig Nine Key,monroe county,H.
Date: Time of inspection:
VISUAL INSPECTIONS 06
INSPECTION ITEMS YES NO Corrective Action Notes/Summary of conditions C;
SITE CONDITIONS
Evidence of damage
Evidence of vandalism
Washouts/un even ground
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Evidence of leaks
Excessive trash/debris
Evidence of weather damage
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ELECTRICAL SYSTEM W
Electrical Meter in working order
Electrical panel locked
Evidence of exposed wiring
Wire connections weathertight N
Breakers secure in panel box
Damage or vandalism noted to
to
CONTROLS
Wind vane in working order
0
Wind vane cables secure
U
Wind vane pole secure,level
Control panel locked
0
Evidence of damage to control panel
Motor starters,components in good condition 06
U
AERIATION SYSTEM
Evidence of damage to compressor cabinets
Gauges working
Visible wear on pistons/vanes C
Wiring in secure,good condition
Compressors secure in cabinet
Evidence loose or broken air lines
Remote manifold lines secure/no damage
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