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Item D06 D.6 BOARD OF COUNTY COMMSSIONERS County of Monroe fma Mayor Heather Carruthers,District 3 h} ] ' Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District 1 David Rice,District 4 `w'P•=w Sylvia J.Murphy,District 5 County Commission Meeting October 21, 2020 Agenda Item Number: D.6 Agenda Item Summary #7331 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 N/A AGENDA ITEM WORDING: Approval to advertise a Request for Proposals (RFP) for marine debris removal and related services, funded by grant funds from the Florida Department of Environmental Protection Grant LP44074, for removal of marine debris created by Hurricane Irma from canals in unincorporated Monroe County in canals not covered by the former USDA NRCS grant. ITEM BACKGROUND: This item is for approval of a Request for Proposals (RFP) for marine debris removal services related to Hurricane Irma for canals. The previous USDA NRCS marine debris and monitoring grant did not cover Hurricane Irma marine debris removal services work in all of the canals in unincorporated Monroe County. 249 canals throughout the Keys were cleared of debris, leaving 117 canals in unincorporated Monroe with debris. Approximately $1.9 Million remains under the County's Florida Department of Environmental Protection LP44074 Stewardship Grant from previous years' funding. A solicitation is needed to select the vendor(s) for the clearing of up to 117 of the remaining canals in unincorporated of remaining Hurricane Irma debris. PREVIOUS RELEVANT BOCC ACTION: 11/20/18: Approval of Amendment No. 1 to the revenue grant agreement 9LP44074 with the Florida Department of Environmental Protection to add marine debris monitoring services and plugged canal clearing to the list of approved uses of the $5.5 Million in available Stewardship Funds. 03/2019: Approval to advertise a Request for Proposals (RFP) for marine debris removal and related services, funded by grant funds from the Florida Department of Environmental Protection, for removal of marine debris created by Hurricane Irma from plugged canals in unincorporated Monroe County. Packet Pg.2713 D.6 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: RFP for Marine Debris Removal DEP Funded -2020 Final Exhibit A -Map of Canals Exhibit B - Canal Unit Price Proposal Sheet 2020-2021 Attachment -DEP Stewardship Grant LP44074 Attachment 2 -DEP Stewardship Grant LP44074 Amendment 1 FINANCIAL IMPACT: Effective Date: Issuance Date of RFP Expiration Date: N/A Total Dollar Value of Contract: TBD Total Cost to County: $0, Reimbursement from FDEP Grant LP44074 Current Year Portion: TBD Budgeted: No Source of Funds: FDEP CPI: NO Indirect Costs: TBD Staff Time Estimated Ongoing Costs Not Included in above dollar amounts: TBD Revenue Producing: Yes If yes, amount: Grant: Yes County Match: Yes Insurance Required: Yes, included in RFP Additional Details: Grant funds provided by FDEP REVIEWED BY: Rhonda Haag Completed 10/05/2020 3:51 PM Pedro Mercado Completed 10/05/2020 5:04 PM Pedro Mercado Completed 10/05/2020 5:17 PM Purchasing Completed 10/05/2020 5:38 PM Budget and Finance Completed 10/06/2020 8:15 AM Maria Slavik Completed 10/06/2020 8:17 AM Liz Yongue Completed 10/06/2020 9:44 AM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg.2714 D.6.a MONROE COUNTY Request For Proposals For CU Marine Debris Removal and Related Services From Canals As a Result of Hurricane Irma CL Monroe County, Florida 0 CL i t l h j r,� •i 04 BOARD OF COUNTY COMMISSIONERS "' Mayor Heather Carruthers, District 3 Mayor Pro Tern Michelle Coldiron, District 2 Craig Cates, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 0 COUNTY ADMINISTRATOR Roman Gastesi, Jr. CU CLERK OF THE CIRCUIT COURT SUSTAINABILITY DEPARTMENTCL Kevin Madok Rhonda Haag U Packet Pg.2715 NOTICE OF CALLING FOR PROPOSALS E U NOTICE IS HEREBY GIVEN that on [ ], at 3:00 P.M., the Monroe County 1- Purchasing Office will receive and open sealed responses for the following: X MARINE DEBRIS REMOVAL AS A RESULT OF HURRICANE IRMA CL MONROE COUNTY, FLORIDA Requirements for submission and the selection criteria may be requested from DemandStar CU by Onvia at www.demandstar.com OR www.monroecountybids.com or call toll-free at 1- 0 800-711-1712. The Public Record is available at the Monroe County Purchasing Office 0 located at The Gato Building, 1100 Simonton Street, Room 2-213, Key West, Florida. All U_ Responses must be sealed and must be submitted to the Monroe County Purchasing Office by 3:00 P.M., on , 2020. 0 Publication dates: Citizen: Wed., Keys Weekly: Thur., News Barometer: Fri., CU 04 04 CL Uj CU 0 CU CL 3 Packet Pg.2716 RFP for Marine Debris Removal and Related Services CL TABLE OF CONTENTS E SECTION I INSTRUCTION TO RESPONDENTS 1.01 Purpose 1.02 General Requirements X 1.03 Proposal Submission Requirements 1.04 Forms 1.05 Examination of RFP Documents M CL 1.06 Interpretation, Clarifications and Addenda and Requests for Additional E Information ? 1.07 Governing Laws and Regulations 1.08 Preparation of Responses 1.09 Responsibility for Response — C. 1.10 Format and Content of Submission 1.11 Modification of Responses 1.12 Receipt and Opening of Responses 0 E 1.13 Response Evaluation and Selection Process a) 1.14 Award of Contract 1.15 Execution of Contract a 1.16 Certificate of Insurance, Insurance Requirements and Bond Requirements 1.17 Indemnification SECTION 2 SAMPLE CONTRACT SECTION 3 COUNTY FORMS 04 3.01 Submission Response Form 0' 3.02 Bid (Proposal) Bond 3.03 Lobbying and Conflict of Interest Ethics Clause 3.04 Non-Collusion Affidavit �- W 3.05 Drug Free Workplace Form 3.06 Public Entity Crime Statement 0 3.07 Respondent's Insurance and Indemnification Statement a� 3.08 Insurance Agent's Statement SECTION 4 INSURANCE and BOND REQUIREMENTS CU SECTION 5 SCOPE OF WORK AND COST SHEET Exhibit A —Maps and List of FDEP Eligible plugged canals Exhibit B —Pricing Schedule Attachment DEP Grant LP44074 E U Packet Pg.2717 RFP for Marine Debris Removal and Related Services Q. SECTION ONE: INSTRUCTION TO RESPONDENTS E 1.01 PURPOSE U A. Monroe County ("County") is seeking sealed response from qualified firms for marine debris removal services as a result of Hurricane Irma from up to 117 canals in X unincorporatedMonroe County canals not covered under the USDA NRCS Emergency Watershed Program (EWP) marine debris and sediment removal project. Proposals must be submitted via email to: OMB-BIDS@monroecounty-fl.gov, no later than 3:00 p.m. on U 20207 C Services will include, but not be limited to: debris removal from up to 117 canals and in `U unincorporated Monroe County not covered under the USDA NRCS EWP marine debris 0 and haul out to final disposal sites; and assistance with State FDEP reporting and CL reimbursement efforts. Further details are in Section 5 of this RFP. CU This RFP covers work in canals in the unincorporated Monroe County only E a� Monroe County anticipates the work for the canals to begin upon award of the contract. The work must be completed no later than 300 calendar days. Successful respondents will be required to provide a Performance Bond that covers the work to be authorized under individual Task Orders. CU B. The Florida Department of Environmental Protection "FDEP" provides limited funds for water quality improvements. The County requires the awarded contractor(s) to provide r- these services in full compliance with FDEP regulations and requirements for the County to Q be reimbursed for these expenses. Q Monroe County is seeking an experienced and qualified contractor to provide its services in accordance with FDEP guidelines and assist the County in maximizing its use of the funds. The County reserves the right to award to-a single or multiple contractor, whichever is in the CL best interest of the County. CU Monroe County anticipates entering into a contract with one or more licensed marine 0 contractors who demonstrate successful recent completion of similar marine debris removal work,particularly for government agencies such as counties and municipalities. v, C C. The RFP categorizes the work into two work groups: a� 1. Debris removal not included in the USDA NRCS program CU 2. Transportation and disposal of the material from the canal sites to final disposal sites C. The successful contractor(s) for the marine debris removal work must be a licensed General or Marine Contractor licensed to do business in Florida, with sufficient owned equipment, Packet Pg.2718 RFP for Marine Debris Removal and Related Services CL personnel, financial resources and experience in similar projects. The contractor shall also be authorized to do business in Monroe County. CU E The County anticipates engaging the services of a separate firm to provide contract monitoring services ("Monitor Firm"). Therefore, contract monitoring services are not part U 'i of this RFP. X D. Work shall be performed in unincorporated Monroe County, Florida A list and map showing the eligible canals to be covered by this RFP is attached as Exhibit A in this RFP. 2 U M CL E. Interested parties shall provide a response which addresses the general requirements, qualifications and capabilities, and clearly identifies the capacity to carry out the scope of CU work that follows. In addition to a detailed description of qualifications and experience, the CU respondent must provide a proposed pricing schedule by completing Exhibit B. rL_ 0 4- CL Copies of this RFP will be available on Onvia DemandStar and on the County's website at hqp://www.monroecounty-fl.gov/index.aspx?nid=l34. � 0 F. The Florida Keys National Marine Sanctuary "FKNMS" is a U.S. National Marine Sanctuary in the Florida Keys. It includes the Florida Reef, the only barrier coral reef in North Americalil and the third-largest coral barrier reef in the world. It also has extensive mangrove forest and seagrass fields. The marine sanctuary includes a 2,800 square nautical mile area surrounding the Keys and reaching into the Atlantic Ocean, Florida Bay and the Gulf of Mexico. The sanctuary was established in 1990. CU This background is being provided to remind potential respondents of the very sensitive CU marine environment in the Florida Keys in which the work will be performed, and the need i_ to follow all rules and regulations and operate in an environmentally sensitive manner at all N times. CL CU 0 CU LL CL Packet Pg.2719 RFP for Marine Debris Removal and Related Services Florida Keys National Marine Sanctuary cu E ,�rtY k�}3�� , �sl } E nae.n kni rrni a+nr 5nr cram 0<7�rv�tnr �" - A^\/ C—AR-I&':.vmR ,... .,, riar.nai vnid,rte Rnvsa ,a. i}?t `{S�i{},{ } ., CL �` C tm - �aa..U,k N A, .n 'rtia..an a e a n R a � Y `... .°Y F R r ......... ......... ......... ......... _ V LL °rts okie RN,ape -�:nr R..xr u.a{ey Re,ruvt{My O e key idl,J`�a ran�atep '4ti ron„avbr .,.„�; ;: Gum ftocF dny F can Dry R�:#n LC7 U dA7 120%10- °L °L 1.02 GENERAL REQUIREMENTS A. Contractor will supply all labor, supervision, materials, equipment, facilities S U. power, communications,provisions, and other services and supplies necessary for, or incidental to, the performance of debris removal and disposal services as Q described in this RFP, in accordance with all laws, regulations and FDEP r requirements. Any and all services provided by Contractor and labor, materials and equipment used by Contractor, and its subcontractors, must comply fully with all Federal, State and local laws, regulations and guidance. a w B. Contractor will provide a Clean As You Go Policy and supervise and enforce such cu policy during debris management operations. > a C. The County must approve all of Contractor's subcontractors prior to their E providing service. Contractor will not use a subcontractor or material supplier to W whom the County reasonably objects. Contractor will supply the County as part of the Plan of Operations, a list of individuals and firms under contract. All contractors and subcontractors will operate in strict accord with local, State, and Federal laws governing the type of work to be performed. D. Contractor will work closely with the Monitoring Firm to ensure that all work is o FDEP compliant and that all documentation that the County requires in order toU. a document the work properly for submission of requests for reimbursement to FDEP is properly obtained, including GPS coordinates and photos. Contractor's failure to utilize State-approved documentation while performing work may result E v Packet Pg.2720 RFP for Marine Debris Removal and Related Services CL in nonpayment of services to the Contractor by the County and termination of the contract. CU E E. Document management: Contractor will provide data management and support to the County during the debris management effort, as follows. CU 1) Contractor will fill out load tickets, to track and document debris. X 2) Contractor's vehicles and vessels must be identified with certification placards. The placards must include the wording "Monroe County Marine Debris Contractor" and the contractor name. CU CL 3) Contractor must have a system for clearly tracking and documenting all costs associated with work conducted and maintain documentation. 2 CU 4) Contractor shall work closely with the County and the Monitor Firm and CU other federal, state and local agencies to ensure that the data provided meets L_ the requirements of the reimbursement agency FDEP. Contractor shall assist 4- the County in preparing applications for reimbursement. 5) Contractor shall reconcile any discrepancies between the Monitor Firm's daily report and the corresponding load tickets within forty-eight(48) hours. E a� 1.03 PROPOSAL SUBMISSION REQUIREMENTS a� A. In response to Covid-19, the Monroe County Purchasing Department has implemented a CU new electronic process for receiving and opening sealed bids. Monroe County is committed to continuing to receive and process competitive solicitations while maintaining the health and safety of our employees and those who attend bid openings. i_ DO NOT mail or attempt to deliver in person any sealed bids. Mailed/physically N delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB- BIDS@monroecounty-fl.gov, no later than 3:OOP.M., on 2020. Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: w "PROPOSAL — FOR MARINE DEBRIS REMOVAL". E Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. SHOULD YOUR BID DOCUMENTS EXCEED 25 MB YOU MUST SEND AN EMAIL TO: omb- purchasing(a,monroecounty-fl.gov TO REQUEST ARRANGEMENTS BE MADE FOR a� RECEIPT OF YOUR BID DOCUMENTS PRIOR TO THE BID OPENING. The bid CU opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on , 2020. Responses shall be organized as indicated below. B. All submissions will remain valid for a period of one hundred and twenty (120) days E from the date of the deadline for submission indicated above. U Packet Pg.2721 RFP for Marine Debris Removal and Related Services CL UJ C. The Board will automatically reject the response of any person or affiliate who appears CU on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3) (d), Florida Statute (2013). The Board reserves the right r_ CU to reject any or all proposals, to waive informalities in the proposals and to re-advertise 'i for proposals. The Board also reserves the right to separately accept or reject any item or items of a proposal and to award and/or negotiate a contract(s) in the best interest of M, the County. a� U D. The County reserves the right to reject any and all responses and to waive technical CCL U errors and irregularities as may be deemed best for the interests of the County. E Responses which contain modifications are incomplete, unbalanced, conditional, 2 obscure, or which contain additions not requested or irregularities of any kind, or which CU do not comply in every respect with the Instruction to Respondents, and the contract rL_ documents, may be rejected at the option of the County. — C. 1.04 FORMS CU I 0 The following forms are contained in Section Three. The forms must be filled out and submitted with the Proposal in order for the proposal to be considered. Failure to complete these forms in every detail and submit them with your Response may result in immediate disqualification of your Response. a� • Submission Response Form CU • Bid(Proposal) Bond • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit "- Q • Drug-Free Workplace Form Q • Public Entity Crime • Respondent's Insurance and Indemnification Statement • Insurance Agent's Statement U_ CL 1.05 EXAMINATION OF RFP DOCUMENTS Each Respondent shall carefully examine the RFP and other contract documents and inform 0 himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. v, Ignorance on the part of the Respondent shall in no way relieve him or her of the obligations and responsibilities assumed under the contract. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA and REQUEST FOR CU ADDITIONAL INFORMATION No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing ten (10) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be posted on DemandStar and a notification will be furnished by DemandStar to all Packet Pg.2722 RFP for Marine Debris Removal and Related Services CL known prospective Respondents listed as plan holder as of the day when the Addendum is issued. All addenda are a part of the contract documents and each Respondent will be bound CU by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. r- CU U Requests for additional information must be in writing and should be directed to Rhonda Haag, at Haag-Rhonda gc MonroeCounty-FL.gov. No oral or other form of communication X, will be received. All such requests must be received ten (10) or more days prior to the date fixed for opening of responses and if answered, will be made in writing in the form of an addendum and posted on DemandStar and a notification will be furnished by DemandStar C to all known prospective Respondents listed as plan holder as of the day when the Addendum is issued. CU - CU 1.07 GOVERNING LAWS AND REGULATIONS 0 Q. The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect I CU the work. Knowledge of business tax requirements and obtaining such licenses for Monroe 0 County and municipalities within Monroe County are the responsibility of the Respondent. 1.08 PREPARATION OF RESPONSES a� Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as CU " or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is U- a corporation or limited liability corporation, the title of the officer/manager signing the N Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Respondent shall state in the response the name and address of each person having an interest in the submitting entity. C. 1.09 RESPONSIBILITY FOR RESPONSE CU The Respondent is solely responsible for all costs of preparing and submitting the response, E regardless of whether a contract award is made by the County. 1.10 FORMAT AND CONTENT OF SUBMISSION The proposal package submitted in response to this Request for Proposals (RFP) shall be `U clear and concise and provide the information requested herein. Statements submitted 2 without the required information will not be considered. Responses shall be organized in Q. tabbed sections. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit E adequate documentation to certify the Respondent's compliance with the County's U Packet Pg.2723 RFP for Marine Debris Removal and Related Services CL requirements. Respondents should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the CU Respondent's overall evaluation. a� The following information, at a minimum, shall be included in the Submittal: U A. Cover Pate The cover page must state "PROPOSAL — MARINE DEBRIS REMOVAL". The cover page should contain Respondent's name, address, telephone number, and the name C of the Respondent's contact person and e-mail address. E B. Tabbed Sections c� Tab!1. Cover Letter and Executive Summary 0 Q. The cover letter shall contain the Proposer's name, address, telephone number, and the name of the Proposer's contact person(s). It shall introduce the company including a brief overview of the firm's history, the corporate name, address and telephone number of 0 corporate headquarters and the local office, number of years in business, names of principals and number of employees. C Indicate the State in which Proposer is incorporated or organized. If other than Florida, include evidence of authorization to do business in Florida. Include a reproduction of 'i Corporate Charter Registration, if applicable. CU CU Identify the primary person responsible for this proposal. Provide an executive summary which briefly states the Proposer's understanding of the work to be done and make a positive U_ commitment to perform and complete the services. Indicate the type of work being Q proposed. The letter must be signed by an individual authorized to bind the firm. Failure to meet this requirement may result in disqualification. Tab 2. Staffing—Composition of the firm and availability of Key Personnel. CL The Respondent shall describe the composition and structure of the firm (sole a proprietorship, corporation, partnership,joint venture) and include names of persons with an 0 interest in the firm. E a� The Respondent shall include an organizational chart and a list of all personnel to be used to complete the Scope of Work, a brief description of the work to be performed by each person, and a brief description of the background of key personnel to show the experience and skills that this person has and would bring to the project, as it relates to this project. CU Key personnel should include the person or persons who would be assigned as an on-site project manager for this project. Provide specific experience the personnel have in working in the Florida Keys marine environment or in a marine environment similar to the Keys. U_ The Respondent shall provide information on any subcontractors currently known that may be proposed for use in performing the Scope of Work. U Packet Pg.2724 RFP for Marine Debris Removal and Related Services CL Tab 3. Availability of Suitable vessels, equipment and trucks to perform the describes duties CU E List the appropriate vessels, trucks, excavators, and all other major equipment that would be used for the work. Include the following information: year, make, model, description, serial U 'i or VIN number, tag number, and quantity. Clearly specify if the equipment is owned directly by the Contractor or will be leased or provided by subcontractors. X, Tab 4. Relevant Qualifications and Experience of the firm in regard to size and scope of project and ability to provide required services. CL The Respondent shall provide a project history of the firm or organization demonstrating 2 experience with marine debris recovery projects that are similar in scope and size to the CU proposed work 0 4- CL The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the Scope I CU of Work. Describe the firm's methodology for marine debris recovery and disposal 0 operations given the extensive amount of field work that will be required, as well as the firm's experience working with FDEP and other local, Federal or State agencies. The response should consider the following professional service needs: a� • Ability to begin work within 35 days of Notification of Award for the canal clearing 'i • Ability and experience in any or all of the following Categories of work: 1) Debris removal from non-plugged canals _ 2) Transportation and disposal of the material from the canal sites to final disposal Q sites • Experience and ability to operate in the Florida Keys or in a similar sensitive coastal environment in a careful, safe and legal manner in accordance with all local, state and federal regulations. Respondent will have experienced and qualified personnel necessary to self-perform, or to sub-contract a portion of the work with experienced and qualified w subcontractors to assist with those services as necessary. CU • Abilityto perform assessment containment cleanup, removal transport, storage, E p p> p � g testing, treatment and/or disposal of any hazardous, toxic, and industrial and bio- hazardous materials waste resulting from the disaster. • Identification, removal, transportation, and potential disposal of marine related debris, including but not limited to vegetation, hazardous waste, construction and CU demolition debris, propane tanks, white goods, e-waste, docks, non-marine vehicles, RV's, seawalls, dead animal carcasses, and houses or portions of houses. C. • Evidence of ownership of the necessary barges, watercraft and heavy equipment is preferred, but not required. Barge/Watercraft registrations in the name of the company and/or bills of sale or other proof of ownership including photographic evidence of the Ec equipment proposed for this project shall be submitted as proof of ownership. Evidence U Packet Pg.2725 RFP for Marine Debris Removal and Related Services CL of ownership of the equipment will earn more points in the selection process than non- ownership. CU E • Evidence of the respondent's demonstrated ability to self-perform 50% of the actual marine debris removal and dredging operations, not including transportation and tipping U 'i fees shall be submitted. Those who self-perform 50% or more will earn more points in the selection process than those who self-perform less. • Ability to dispose of debris. All debris shall be handled in such a way that allows for the most cost effective, permissible debris disposal method(s) and in accordance with DEP C, guidelines. The debris will be prepared for transportation to the final disposal site. E 2 CU r_ CU • Ability to provide for debris transport and final debris disposal at certified final L_ disposal site/s. The disposal sites shall be approved by the County in advance. 4- U_ CU • Ability to coordinate with Monroe County to ensure that for all work categories, all 0 necessary documentation and supporting data meet each agency's and FDEP's requirements for reimbursement eligibility. • Ability to provide project accounting services to include developing a project flow process, file and reimbursement request management, and payment tracking. 'i CU • Ability to review all sub-contractor documentation for consistency, compliance, and "' completeness and require corrections as appropriate before submitting for payment. r_ i_ • Project scheduling and status/progress reporting. Q • Ability to provide individual project final inspection reports for reimbursement and project closeout. U_ CL Tab 5. Performance Record, including work performed in Monroe County in the area of � marine debris removal and other work group categories 0 a� Each Respondent shall provide a list of past projects, including details of any related work in the Florida Keys within Monroe County and at least two written references from a Florida local government or other governmental entities for which the Respondent has provided the same or similar services during the past five years. 'i CU Each reference shall include, at a minimum: CL ■ Name and full address of referenced project and organization ■ Name and telephone number of Contact person for contract ■ Telephone number(s) ■ Date of initiation and completion of contract for referenced project Packet Pg.2726 RFP for Marine Debris Removal and Related Services CL ■ The list of past projects shall include a brief summary of the projects and services provided. The list should be followed with a comparison of the past CU projects to the services sought by this RFP. a� Tab 6. Work Plan U The Respondent shall provide a sample work plan from another recently completed similar project or similar services that are proposed herein. Documentation management shall be included. ' U M CL Tab 7. Additional Services and Additional Information The Respondent shall describe any other marine debris or response and recovery related services it is capable of providing other than the services detailed in Section 1.01 0 C. The respondent shall also include information on the ability and availability to begin work W immediately; value added options; familiarity with Monroe County; clients in the USA, FL, South Florida and Monroe County; proposed contract deviations. E The County intends for the work to begin within 35 days after contract award. If mobilization per these dates is not possible, the proposer shall explain any deviation from these dates. a� Tab 8. Price, Cost Effectiveness CU The Respondent shall complete the fee schedule for the services, using the Exhibit B Pricing Sheet. The respondent shall complete all pricing sections of Exhibit B. Partially completed U_ forms will render the proposer non-responsive and the proposal will not be evaluated. Q Q Tab 9. Financial Information and Litigation. Answers to the following questions are required by Monroe County Code section 2-347: 1) A list of the person's or entity's shareholders with five percent or more of the stock; or, if Q. a general partnership, a list of the general partners; or, if a limited liability company, a a list of its members or, if a solely owned proprietorship, names(s) of owner(s). CU > 2) A list of the officers and directors of the entity. E 3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods or construction services similar to those requested in the specifications. 4) The number of years the person or entity has operated under its present name and any prior names. CU 5) The following, including answers to the questions regarding claims and suits: i. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to CL complete work or provide the goods for which it has contracted? If yes, provide details. ii. Are there any judgments, claims, arbitration proceeding or suits pending or E outstanding against the person, principal of the entity, or entity, or any entity U Packet Pg.2727 RFP for Marine Debris Removal and Related Services CL previously owned, operated or directed by any of its officers, directors, or general partners? If yes,provide details. iii. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within r_ the last five years, been a party to any lawsuit, arbitration, or mediation with U 'i regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide X, details. iv. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or C directors, ever initiated litigation against the County or been sued by the County E in connection with a contract to provide services, goods or construction services? 2 If yes,provide details. CU v. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an 0 officer, director, general partner, principal, controlling shareholder or major U_ creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation. 0 E a) vi. Cusmto er__refinerences (minimum of three), including name, current address and W current telephone number for at least three projects in which the Contractor has successfully performed services in the proposed work categories. vii. Providme-__cre-dit_refinerenc-es. (minimum of three), including name, current address CU and current telephone number. viii. Ei.ngnc,ia.l s1.a1.eJ e ,ts for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity. N r ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from s. 119.07(1) and s.24(a), Art. 1 of the U_ CL State Constitution.") CU 0 Tab 10. County Forms Respondent shall complete and execute the forms specified below and found in Section Four a� in this RFP, and shall include them behind Tab 10: CU FORMS • Submission Response Form CL • Bid(Proposal) Bond • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit E • Drug-Free Workplace Form U Packet Pg.2728 i RFP for Marine Debris Removal and Related Services CL • Public Entity Crime • Respondent's Insurance and Indemnification Statement CU • Insurance Agent's Statement CU Copies of all professional licenses and business tax receipts shall be included under this ;-'_ tab. 1.11 MODIFICATION OF RESPONSES a� U Written modifications will be accepted from Respondents if e-mailed and received prior to bid CCL U opening date and time. Modifications must contain the following in the subject line of the e-mail; E "Modification to Proposal -Marine Debris Removal" 1.12 RECEIPT AND OPENING OF RESPONSES 0 4- CL Responses will be received until the designated time and will be publicly opened, and Responders announced at the appointed time and place stated in the Notice of Request for Proposal. Monroe County's representative authorized to open the responses will decide 0 when the specified time has arrived, and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents, or their authorized agents, are invited to i appear. Respondents may call in by phone or internet using the following: a� Join Zoom Meeting CU https:Hmcbocc.zoom.us/j/4509326156 Meeting ID: 4509326156 i_ One tap mobile: N +16465189805„45093261569 US (New York) +16699006833„45093261569 US (San Jose) Dial by your location: +1 646 518 9805 US (New York) U_ +1 669 900 6833 US (San Jose) w 0 1.13 RESPONSE EVALUATION AND SELECTION PROCESS a� Responses will be evaluated at a publicly-noticed meeting by a Selection Committee, which will make a recommendation to the County Commission to execute a contract(s) with the selected Respondent(s). When the contract(s) is signed by the Respondent(s) and other required documentation has been provided (Certificates of Insurance), the contract(s) will be brought before CU the County Commission for final approval. No binding contract is created between any Respondent and the County until a contract is approved by the County Commission. The Selection Committee will evaluate the proposals based on the following criteria: ,��- U Packet Pg.2729 RFP for Marine Debris Removal and Related Services CL Max Tab Criteria Points E 1 Letter and Executive Summary -5 to 0 'i i 2 Staffing Composition of the firm and availability of key personnel 10 3 Availability of suitable vessels, trucks and equipment to perform the 15 described duties. U CU 0. Ownership of the equipment will score more points than leasing or obtaining via subcontractors. 2 CU r- CU Evidence to self-perform 50% of the work will score more points than those who self-perform less 0 Q. 4 Relevant qualifications and experience of firm in regard to size and 15 scope of project and ability to provide required services for each of the CU I proposed work categories—including ability to remove debris from 0 plugged canals. E 5 Performance record,including similar work performed in the Florida 10 Keys,for each of the proposed work categories a� 6 Sample Work plan. Documentation management shall be included. 5 CU CU 7 Additional Services and Additional Information: • Other Related Services offered not covered in the RFP 5 Q • Ability and Availability to Begin Work Immediately Q ■ Value added option(s) ■ Familiarity with Monroe County and working in a sensitive marine environment. ■ Clients in USA, FL, SE FL, and Monroe County; - ■ Proposed contract deviations (potential negative points) w CU 8 Price, Cost Effectiveness 40 0 a� 9 Litigation and Financial -5 to 0 10 County Forms included in Response -5 to 0 CU TOTAL MAXIMUM POINTS 100 U Packet Pg.2730 RFP for Marine Debris Removal and Related Services CL 1.14 AWARD OF CONTRACT a� A. The County reserves the right to reject any and all bids, award one or more separate U contracts, and to waive any informality in any response, or to re-advertise for all or part of the work contemplated and to award and/or negotiate a contract in the best interest of the X, County. B. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. C C. All responses, including the recommendations of the committee, will be presented to the E Board of County Commissions of Monroe County, Florida, for final awarding or otherwise. 1.15 EXECUTION OF CONTRACT 0 CL The Respondent(s) with whom a contract is negotiated shall be required to return to the County an executed original of the prescribed contract, together with the required certificates of insurance and I CU performance bond as detailed below. E 1.16 CERTIFICATES OF INSURANCE AND BONDS The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper CU insurance forms are not received within the fifteen (15) day period, the contract may be awarded to 2 the next selected Respondent/Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. U_ Companies shall have an A.M. Best rating of VI or better. Q Q Worker's Compensation Statutory Limits a� Employers' Liability Insurance $1,000,000 Accident $1,000,000 Disease,policy limits $1,000,000 Disease each employee CU General Liability, including $1,000,000 Combined Single Limit E Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage CU Vehicle Liability $1,000,000 per Occurrence (Owned, non-owned and hired vehicles) $1,000,000 Combined Single Limit Q. Pollution Liability $1,000,000 per Occurrence $2,000,000 Aggregate E Watercraft Liability $1,000,000 U Packet Pg.2731 RFP for Marine Debris Removal and Related Services CL Monroe County shall be named as an Additional Insured on the General Liability, Vehicle Liability, Pollution Liability and Watercraft Liability policies. CU E Jones Act Coverage CU U Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal X, Jones Act(46 U.S.C.A. subsection 688) with limits not less than $1 Million. U The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and C0. U Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been E provided by a Workers' Compensation policy. 2 r- CU Proposal Securitv (Bid Bond) 0 CL ■ Each Proposal shall be accompanied by a Proposal Security made payable to Monroe County, in the amount of five percent (5%) of the Proposer's Price for the clearing of the canals as shown FU on the Pricing Sheet Exhibit B. The Proposal Security shall be in the form of a certified check 0 made payable to the County, or in a bond from Surety Company authorized to do business in Florida. If a Bid Bond is submitted a Proposal Security, the attorney-in-fact who executes the bond on behalf of the surety shall affix to the Bond a certified and current copy of his power of attorney. a� ■ The Proposal surety constitutes a pledge by the Proposer that they will enter into a Contract with CU the Owner on the terms stated in their Proposal. The Proposal Security of the successful E Proposer will be retained until such Proposer has entered into a Contract with the Owner, CU whereupon it will be returned. If the successful Proposer fails to execute and deliver the i- Contract, the Owner may annul the Notice of Award and the amount of the proposal security of N that Proposer shall be forfeited to the Owner not as a penalty, but as liquidated damages. ■ The proposal security of any Proposer may be retained by the Owner until either (a) the Contract(s) has been executed, or (b) the 121" day after the Proposal opening, or (c) the 121" U- CL day after all Proposals have been rejected, whichever comes later. 1.17 INDEMNIFICATION > 0 The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. a� The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe a� County, its commissioners, officers, employees, agents and servants from any and all claims for CU bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of CL services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants or agents. Ec U Packet Pg.2732 RFP for Marine Debris Removal and Related Services CL In the event that the completion of the project (to include the work of others) is delayed or LU suspended as a result of the CONTRACTOR's failure to purchase or maintain the required CU insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any r- deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the U 'i CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on X, the County's behalf. a� The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the CU CL indemnification provided for above. E 2 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements CU contained elsewhere within this agreement. CU 0 This indemnification shall survive the expiration or earlier termination of the contract. CL CL U- CU 0 CU N CL LU CU 0 CU CL Packet Pg.2733 RFP for Marine Debris Removal and Related Services Q. MONROE COUNTY, FLORIDA Request For Waiver E of Insurance Requirements CU It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Respondent: CU 0. Contract for: Address of Respondent: 4- CL Phone: 0 Scope of Work: Reason for Waiver: Policies Waiver - will apply to: Q Q r Signature of Respondent: Approved Not Approved Risk Management: Uj Date: > 0 County Administrator appeal: Approved Not Approved Date: a� Board of County Commissioners appeal: CU Approved Not Approved C. Meeting Date: U- Respondent SIGNATURE U Packet Pg.2734 RFP for Marine Debris Removal and Related Services Q. SECTION 2: SAMPLE CONTRACT. The successful respondent(s) will be expected to enter into a contract substantially in line with the following. E AGREEMENT FOR MARINE DEBRIS REMOVAL X AS A RESULT OF HURRICANE IRMA U CU CL This Agreement ("Agreement") made and entered into this day of May 2019 by and 2 between Monroe County, a political subdivision of the State of Florida, whose address is 1100 r- Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), 0 C. AND CU 0 a of the State of whose address is its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: a� CU WHEREAS, the canals in Monroe County have been negatively impacted by Hurricane Irma; and WHEREAS, the County has funds available from FDEP grant LP44074 for funding of Q marine debris removal and related services; and WHEREAS, the FDEP has approved $ for the clearing of------------- canals; and U- Q. WHEREAS, USDA NRCS EWP did not approve these remaining impacted canals; and CU WHEREAS, the COUNTY issued a solicitation for Marine Debris removal work; and 0 a� WHEREAS, COUNTY desires to employ the services of the CONTRACTOR for marine debris removal related to Hurricane Irma; and WHEREAS, CONTRACTOR has agreed to provide marine debris removal and disposal for CU the canals, which services shall collectively be referred to as the"Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby W acknowledged, COUNTY and CONTRACTOR agree as follows: a� U Packet Pg.2735 RFP for Marine Debris Removal and Related Services Q. FORM OF AGREEMENT ARTICLE 1 a� 1.1 REPRESENTATIONS AND WARRANTIES U By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: U 1.1.1 The effective date of this AGREEMENT shall be 2020 C0. U The term of the AGREEMENT shall be for a one-year period, unless otherwise terminated a Any extension(s) shall be in the form of a written Amendment to the CU AGREEMENT and shall be executed by both parties. CU c.> 1.1.2 The CONTRACTOR has and shall maintain all necessary licenses, permits or other 0 authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S U_ duties hereunder have been fully satisfied; I CU 1.1.3 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. 'i 1.1.4 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that it shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable CU law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or i_ incorrect information; N r 1.1.5 The CONTRACTOR assumes full responsibility to the extent allowed bylaw with regard to his performance and those directly under his employ. 1.1.6 The CONTRACTOR'S services shall be performed as expeditiously as is consistent withCL professional skill and care and the orderly progress of the Project. Time is of the essence in this CU contract. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such E services, including those now in effect and hereinafter adopted. 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 contract immediately upon delivery of written notice of termination to the CONTRACTOR. CU 1.1.7 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CL CONTRACTOR or any of his/her employees, sub-contractors, servants, or agents to be employees W of the Board of County Commissioners for Monroe County. E U Packet Pg.2736 RFP for Marine Debris Removal and Related Services CL ARTICLE II SCOPE OF BASIC SERVICES a� 2.1 DEFINITION U CONTRACTOR'S Scope of Basic Services consists of those described in Exhibit A (below). The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon receipt of written Task Orders from the COUNTY. The task order shall contain a description 2 of the services to be performed. Task Orders will be issued only for 30 days of work at a time. C Upon completion of a Task Order, the County, at its option, will issue another Task Order for another 30 days of work. CU r_ CU 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES 0 CL The CONTRACTOR shall, without additional compensation, promptly correct any errors omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its I CU subcontractors, or both. 0 E 2.3 NOTICE REQUIREMENT 'i 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 CU mail, return receipt requested, or by deposit with an overnight express delivery service with proof 2 of receipt to the following: i_ Mr. Robert Shillinger N County Attorney � 1111 121h Street, Suite 408 Key West, Florida 33040 CL And: Mr. Roman Gastesi, Jr. Monroe County Administrator CU 1100 Simonton Street, Room 2-205 Key West, Florida 33040 E For the CONTRACTOR: CU ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article III are those that may be provided by the CONTRACTOR (provided for example purposes only) and are not included in Basic Services. If requested U Packet Pg.2737 RFP for Marine Debris Removal and Related Services CL by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement. CU E A. Providing services of CONTRACTOR for other than the previously listed scope of the Project provided as a part of Basic Services. U 'i i B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted debris recovery operations. a� U C. Providing representation before public bodies in connection with the Project, upon CCL U approval by COUNTY. E 2 CU 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a CU letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested services. Only 0 after receiving a Task Order and a notice to proceed from the COUNTY, shall the U- CONTRACTOR proceed with the Additional Services. 0 ARTICLE IV E COUNTY'S RESPONSIBILITIES 'i 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work. 'i CU 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable i- delay in the orderly and sequential progress of the CONTRACTOR'S services. N r 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. CU 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the E CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such CU documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. U Packet Pg.2738 RFP for Marine Debris Removal and Related Services Q. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS a� The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its U commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by X, Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, C errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, E their officers, employees, servants and agents. 2 r- CU In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required 0 insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses U- resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the 0 CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. a� The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. CU The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements CU contained elsewhere within this agreement. i- Q N This indemnification shall survive the expiration or earlier termination of the Agreement. C"4 ARTICLE VI PERSONNEL Q. 5.1 PERSONNEL 0 The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: CU NAME FUNCTION CL Packet Pg.2739 RFP for Marine Debris Removal and Related Services CL So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. If they are CU replaced the CONTRACTOR shall notify the COUNTY of the change immediately. CONTRACTOR shall provide equally qualified personnel if the above named are replaced. U ARTICLE VII COMPENSATION 7.1 CONTRACT SUM 2 U M CL The Contract Sum shall not exceed $ unless amended by formal approval of the Monroe County BOCC. CU - CU The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in the 0 Pricing Schedule in Exhibit B. U- 7.2 PAYMENTS 0 E For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid in accordance with assigned Tasks and completion of Tasks, based on submitted invoices. All invoices must meet FDEP standards and requirements. Payment will be made upon the completion of individual Task Orders. 'i CU (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward i- or downward; N r (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit proper invoices to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The U- CONTRACTOR shall submit to COUNTY invoices with supporting documentation w acceptable to the Clerk, on a MONTHLY schedule in arrears. Acceptability to the aI CU Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. E (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.735, Florida Statute. a� 7.3 REIMBURSABLE EXPENSES CrJ There shall be no reimbursable expenses or items, other than those enumerated in the greement. �. U- U Packet Pg.2740 RFP for Marine Debris Removal and Related Services CL 7.4 BUDGET 7.4.1 The CONTRACTOR is not 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 r- (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted U 'i amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the C Board members at the time of contract initiation and receipt of funds by FDEP. E ARTICLE VIII INSURANCE 0 Q. 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S 0 failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 'i 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement CU providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a CU form acceptable to the COUNTY. i- Q N 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statutes Chapter 440. U- Q. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease,policy limits, $1,000,000 Disease each employee. E C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. CU D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any Q. covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Ec U Packet Pg.2741 RFP for Marine Debris Removal and Related Services CL Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. CU E An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after U 'i the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or X, expiration of this contract. a� U E. Pollution Liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover CU claims made after completion of the project to cover the statutory time limits in Chapter CU 95 of the Florida Statutes. 0 F. Watercraft Liability insurance of One Million Dollars ($1,000,000.00). CU G. Jones Act Coverage: Recognizing that the work governed by this contract involves 0 Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than $1 Million. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. CU H. COUNTY and FDEP shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder for all insurance coverages except Workers i- Compensation and Employers Liability. N r I. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. CU J. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The E COUNTY reserves the right to require a certified copy of such policies upon request. K. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance a� will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS U Packet Pg.2742 RFP for Marine Debris Removal and Related Services CL 9.1 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 r_ and will not be used in the interpretation of any provision of this Agreement. U 'i i 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS >% The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the 2 CONTRACTOR. M 9.3 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners 0 for Monroe County and the CONTRACTOR, which approval shall be subject to such U_ 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 0 subcontractor shall comply with all of the provisions of this agreement. Subject to the E provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and C legal representatives of such other party. a� 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. i_ Q N 9.5 TERMINATION A. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days written notice to CONTRACTOR. If the U_ COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall payCL CONTRACTOR the sum due the CONTRACTOR under this agreement prior to CU 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 E 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. This Termination for Convenience provision may not be exercised during hurricane season CU (June 1 to November 30) unless both parties mutually agree to terminate. B. Termination for Cause and Remedies: The COUNTY may also terminate this agreement CL 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 Ec (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure U Packet Pg.2743 RFP for Marine Debris Removal and Related Services CL 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 CU CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due to the CONTRACTOR under this agreement prior to termination, unless the cost of completion r- to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY U 'i 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 X, 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 C Ordinance, located at Section 2-721 et al. of the Monroe County Code. E 9.6 CONTRACT DOCUMENTS c� This contract consists of the Request for Proposal including any addenda, this Agreement — CL (Articles I-IX), the CONTRACTOR'S Proposal in response to the RFP including any U- Attachments or Exhibits, and modifications to the Agreement made after execution by written amendment. In the event of any conflict between any of the Contract documents, the 0 one imposing the greater burden on the CONTRACTOR will control. E 9.7 PUBLIC ENTITIES CRIMES /CONVICTED VENDOR LIST AND DEBARMENT a� A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or CU services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, i- subcontractor, or CONTRACTOR under a contract with any public entity, and may not N transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement Q. will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation CU of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. E In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the CU amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. C. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or CONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. Ec U Packet Pg.2744 RFP for Marine Debris Removal and Related Services CL 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting r_ principles consistently applied. Records shall be retained for a period of seven years from U 'i the termination of this agreement or for a period of three years from the date of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. X, 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 2 purposes during the term of the Agreement and for four years following the termination of C this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies E paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized 2 by this Agreement, or were wrongfully retained by the CONSULTANT, the CU CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 0 Q. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES � 0 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16'h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. CU Mediation proceedings initiated and conducted pursuant to this Agreement shall be in 2 accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. i_ Q N 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a U_ Q. court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, CU condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, E 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. 'i 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or CL administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall Ec include attorney's fees and courts costs in appellate proceedings. U Packet Pg.2745 RFP for Marine Debris Removal and Related Services CL 9.12 BINDING EFFECT CU The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, r- CU successors, and assigns. U 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance 2 of this Agreement have been duly authorized by all necessary County and corporate action, C as required by law. E 9.14 CLAIMS FOR FEDERAL OR STATE AID c.> CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, 0 seek, and obtain federal and state funds to further the purpose of this Agreement; provided U- that all applications, requests, grant proposals, and funding solicitations shall be approved by I CU each party prior to submission. 0 E 9.15 ADJ[TDICATION OF DISPUTES OR DISAGREEMENTS � 'i COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, then CU any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. i- Q N 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and LL CONTRACTOR agree to participate, to the extent required by the other party, in allCL proceedings, hearings, processes, meetings, and other activities related to the substance of CU 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 E into any arbitration proceedings related to this Agreement. 9.17 COVENANT OF NO INTEREST a� a� CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall CU not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. CL 9.18 CODE OF ETHICS E U Packet Pg.2746 RFP for Marine Debris Removal and Related Services CL COUNTY agrees that officers and employees of the COUNTY recognize and will be UJ required to comply with the standards of conduct for public officers and employees as CU delineated in Section 112.311, et seq, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized r- compensation; misuse of public position, conflicting employment or contractual U 'i relationship; and disclosure or use of certain information. X 9.19 NO SOLICITATION/PAYMENT a� U The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither CCL U employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any CU person, company, corporation, individual, or firm, other than a bona fide employee working CU solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or rL- resulting from the award or making of this Agreement. CONTRACTOR warrants that it has — not employed, retained or otherwise had act on its behalf any former county officer or U- employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 as amended by Ordinance 020-1990 or any county officer or employee in violation of Section 3 of 0 Ordinance No. 010-1990. For the breach or violation of the provision, the CONTRACTOR E 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. a� 9.20 PUBLIC RECORDS CU Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of i- the Constitution of Florida. The COUNTY and CONTRACTOR shall allow and permit N reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision CU 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 E to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR CU 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 Ec otherwise provided by law. U Packet Pg.2747 RFP for Marine Debris Removal and Related Services CL (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 CU duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the COUNTY. r_ (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public U 'i 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 X, 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 C upon completion of the contract, the CONTRACTOR shall meet all applicable requirements 9 for retaining public records. All records stored electronically must be provided to the Cn COUNTY, upon request from the COUNTY's custodian of records, in a format that is CU compatible with the information technology systems of the COUNTY. 0 (5) A request to inspect or copy public records relating to a COUNTY contract must be 0 made directly to the COUNNTY, but if the COUNTY does not possess the requested records, U_ 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 0 inspected or copied within a reasonable time. E If the CONSULTANT 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 CONSULTANT. A Contractor who fails to CU 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 section119.10, Florida Statutes. i_ The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose N of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE0. APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING 0 TO THIS CONTRACT, CONTACT 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. 9.21 NON-WAIVER OF IMMUNITY C. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of any a commercial liability insurance coverage, self-insurance coverage, or local government Ec liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of Packet Pg.2748 RFP for Marine Debris Removal and Related Services CL liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. E 9.22 NON-RELIANCE BY NON-PARTIES U No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit X, of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or 2 employee of either shall have the authority to inform, counsel, or otherwise indicate that any C particular individual or group of individuals, entity or entities, have entitlements or benefits E under this Agreement separate and apart, inferior to, or superior to the community in general 2 or for the purposes contemplated in this Agreement. CU c� 9.23 ATTESTATIONS AND TRUTH IN NEGOTIATION 0 C. CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, I CU including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace 0 Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a E truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit CU costs. All such adjustments must be made within one year following the end of the Agreement. i_ 9.24 NO PERSONAL LIABILITY N Q r 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 U_ personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. CU 0 9.25 EXECUTION IN COUNTERPARTS a� 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. CU ARTICLE X PROVISIONS REQUIRED BY 2 CFR PART 200 (SUPER CIRCULAR) CL Q) U Packet Pg.2749 RFP for Marine Debris Removal and Related Services CL 10.1. AUDIT OF RECORDS CONTRACTOR shall grant to the County, FDEM, FDEP , the State of Florida, and any other duly authorized agencies of the Federal Government or the COUNTY where r_ appropriate the right to inspect and review all books and records directly pertaining to the U 'i Contract resulting from this RFP for a period of five (5) years after final grant close-out by FDEP or DEM, or as required by applicable County, State and Federal law. Records shall be X, made available during normal working hours for this purpose. a� U In the event that FDEP, FDEM, or any other Federal or State agency, or the COUNTY, CCL U issues findings or rulings that the amounts charged by the CONTRACTOR, or any portions E thereof, were ineligible or were non-allowable under federal or state Law or regulation, 2 CONTRACTOR may appeal any such finding or ruling. If such appeal is unsuccessful, the CU CONTRACTOR shall agree that the amounts paid to the CONTRACTOR shall be adjusted accordingly, and that the CONTRACTOR shall, within 30 days thereafter, issue a 0 remittance to the COUNTY of any payments declared to be ineligible or non-allowable. U_ CU CONTRACTOR shall comply with federal and/or state laws authorizing an audit of 0 CONTRACTOR's operation as a whole, or of specific Project activities. Under no circumstances shall advertising or other communications with the media be presented in such a manner as to COUNTY or imply that the CONTRACTOR or the CONTRACTOR's services are endorsed by the COUNTY. 'i 10.2. PAYMENT AND PERFORMANCE BONDS 10.2.1 The Proposer shall be required to furnish a payment bond equal to $100,000 or the Task Order cost, whichever is higher, prior to issuance of the contract. The bond must be issued by an A rated surety company doing business in the State of Florida. 10.2.2 Performance Bond. The COUNTY shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner as a guarantee for the faithful "- CL performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the Payment Bond Amount. This contract is subject to the 0 provisions of Section 255.05, Florida Statutes, which are incorporated herein E 10.2.3 On projects where the bid exceeds $100,000, unless such requirement has been waived in accordance with Rule 60D-5.0041, Florida Administrative Code, the Bidder must provide with the bid, evidence of ability to provide the necessary performance and payment bonds for the project for a 30-day Task Order by providing a letter of intent to provide a 100% CU performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance, and meeting the financial and performance rating required by the bidding documents. For U_ contract amounts not exceeding $500,000 the provisions of Section 287.0935 F.S. shall govern. U Packet Pg.2750 RFP for Marine Debris Removal and Related Services Q. 10.3. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement the CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. M 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 r- implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance U 'i Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, � C, agrees as follows: M, (1) The contractor will not discriminate against any employee or applicant for employment 2 because of race, color, religion, sex, sexual orientation, gender identity, or national origin. C 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 CU sexual orientation, gender identity, or national origin. Such action shall include, but not be CU limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; 0 and selection for training, including apprenticeship. The contractor agrees to post in U- conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination 0 clause. a� (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. CU (3) The contractor will not discharge or in any other manner discriminate against any employee CU or applicant for employment because such employee or applicant has inquired about, i- discussed, or disclosed the compensation of the employee or applicant or another employee N 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 U- disclosure is in response to a formal complaint or charge, in furtherance of an investigation, w proceeding, hearing, or action, including an investigation conducted by the employer, or is a CU consistent with the contractor's legal duty to furnish information. E (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 CU 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. W (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 U Packet Pg.2751 RFP for Marine Debris Removal and Related Services CL 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 CU compliance with such rules, regulations, and orders. a� (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this U 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 X, 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 2 invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, C regulation, or order of the Secretary of Labor, or as otherwise provided by law. E 2 CU (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) CU 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 0 section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will U_ 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 0 means of enforcing such provisions, including sanctions for non-compliance; provided, E 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. CU 10.4. OTHER FEDERAL CONTRACT REQUIREMENTS i_ The CONTRACTOR and its subcontractors must follow the provisions as set forth in N Appendix II to Part 200, as amended, including but not limited to: A. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or U_ regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the FederalQ. Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations CU 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 E U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. B. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal CU 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 E pay wages not less than once a week. The COUNTY must place a copy of the current U Packet Pg.2752 RFP for Marine Debris Removal and Related Services CL prevailing wage determination issued by the Department of Labor in each solicitation. The Uj decision to award a contract or subcontract must be conditioned upon the acceptance of the CU wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti- r- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 U 'i 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, M, 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 C suspected or reported violations to the Federal awarding agency. E 2 CU C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, CU 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 Q. Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each U- 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 0 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 C 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 CU or transmission of intelligence. D. 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 N 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 U- Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the CU awarding agency. E E. Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) will 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 CU 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. F. 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 Ec organization for influencing or attempting to influence an officer or employee of any U Packet Pg.2753 RFP for Marine Debris Removal and Related Services CL 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 CU 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 r_ disclosures are forwarded from tier to tier up to the non-Federal award. U 'i i G. 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 U 6002 include procuring only items designated in guidelines of the Environmental Protection CL E Agency (EPA) at 40 CPR part 247 that contain the highest percentage of recovered Cn materials practicable, consistent with maintaining a satisfactory level of competition, where r_ CU 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 0 manner that maximizes energy and resource recovery; and establishing an affirmative CL procurement program for procurement of recovered materials identified in the EPA W guidelines. CU 0 Other Federal Requirements: H. 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. CU I. 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 r_ opportunity to participate in the performance of contracts financed in whole or in part with Q COUNTY funds under this Agreement. The DBE requirements of applicable federal and Q 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 CL ensure that the DBE's have the opportunity to compete for and perform contracts. The a 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 0 pursuant to this Agreement. J. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, 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 CU 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. U_ b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Packet Pg.2754 RFP for Marine Debris Removal and Related Services CL (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; CU (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's r_ CU business enterprises; U 'i (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; X, (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. C (6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative steps listed in paragraph (1) through(5) of this sub-section. CU r_ CU K. 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 0 term of the Contract and shall expressly require any subcontractors performing work or U_ 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 0 employees hired by the subcontractor during the Contract term. E 10.5. No Obligation by Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 'i CU 10.6. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. i_ Q N CL CU 0 CU CL Packet Pg.2755 RFP for Marine Debris Removal and Related Services CL IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year indicated. CU U (SEAL) BOARD OF COUNTY COMMISSIONERS X Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA U M By: By: CL Deputy Clerk Mayor/Chairman Cn Date: 0 CL CONTRACTOR NAME 0 By: By: WITNESS Print name: Print name and title: By: CU WITNESS CU Print name: i- N STATE OF: COUNTY OF: CL Uj Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by CU I (name of affiant). He/She is personally known to me or has produced 0 E (type of identification) as identification. NOTARY PUBLIC a� CL U Packet Pg.2756 RFP for Marine Debris Removal and Related Services Q. ATTACHMENT A E SCOPE OF SERVICES u TO BE INSERTED UPON COMPLETION OF NEGOTIATIONS u 0 CL CL 0 CL Packet Pg.2757 RFP for Marine Debris Removal and Related Services Q. ATTACHMENT B FEE SCHEDULE 'i i TO BE INSERTED UPON COMPLETION OF NEGOTIATIONS u M CL CL CL 0 CL Packet Pg.2758 RFP for Marine Debris Removal and Related Services Q. ATTACHMENT C DEP Grant LP44074 u TO BE INSERTED X u M CL CL CL 0 CL Packet Pg.2759 RFP for Marine Debris Removal and Related Services CL SECTION 3 COUNTY FORMS E FORMS TO BE INCLUDED WITH TABBED INFORMATION- SEE SECTION ONE 0 Q. 04 04 Q. 0 u Packet Pg.2760 RFP for Marine Debris Removal and Related Services CL RESPONSE FORM E RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OMB-BIDS@monroecounty-fl.gov U 1. 1 acknowledge receipt of Addenda No.(s) 2. 1 have included: CL o Bid (Proposal) Bond for Price Listed in Exhibit B Cn o Unit Price Proposal Sheets o The Submission Response Form o Lobbying and Conflict of Interest Clause o Non-Collusion Affidavit o Drug Free Workplace Form o Respondent's Insurance and Indemnification Statement o Insurance Agent's Statement o (Check mark items above, as a reminder that they are included.) 3. In addition, I have included a current copy of the following professional licenses and business tax receipts: 4. Mailing Address: Tel: CU Fax: Date: CU 5. Responding/Submitting Entity Name N r I represent and state that I have full authority as of the above-named Responder to execute this response form. By CL Signature Title Print Name: 0 STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC U Packet Pg.2761 RFP for Marine Debris Removal and Related Services Q. BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we CU (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) U CL a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, E are held and firmly bound unto CU (Here insert full name and address or legal title of Owner) CL as Obligee, hereinafter called the Obligee, in the sum of Dollars ($), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, CU I executors, administrators, successors and assigns,jointly and severally, firmly by these presents. 0 E WHEREAS, the Principal has submitted a bid for i (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract CU with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give Q such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contact with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Any action instituted U- by a claimant under this bond must be in accordance with the notice and time limitations provisions in Section 255.05(2), Florida Statutes. 0 (Principal) (Seal) 'i (Witness) (Title) 'i CU (Surety) (Seal) CL (Witness) (Title a U Packet Pg.2762 RFP for Marine Debris Removal and Related Services Q. LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA U ETHICS CLAUSE (Company) CrJ CL "...warrants that it has not employed, retained or otherwise had act on its behalf any former or E current County officer or employee subject to the prohibition of Sections 2 and 3 of Ordinance No. 010-1990 as amended by Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of 0 any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." 0 (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online N notarization, on (date) by c� (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC CU 0 CU U Packet Pg.2763 RFP for Marine Debris Removal and Related Services Q. NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that U a. I am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; CL b. The prices in this bid have been arrived at independently without collusion, E consultation, communication or agreement for the purpose of restricting competition, CU as to any matter relating to such prices with any other bidder or with any competitor; CU C. Unless otherwise required by law, the prices which have been quoted in this bid have 0 not been knowingly disclosed by the bidder and will not knowingly be disclosed by the "CL - bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. No attempt has been made or will be made by the bidder to induce any other person, E partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: r STATE OF: COUNTY OF: CL Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by 0 (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC U Packet Pg.2764 RFP for Marine Debris Removal and Related Services CL DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) U 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business' policyCU of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and CL employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that CU are under bid a copy of the statement specified in subsection (1). L_ 4. In the statement specified in subsection (1), notifies the employees that, as a condition of "` CL working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. N (Signature) Date: CL STATE OF: 0 COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced 'i (type of identification) as identification. CU NOTARY PUBLIC U Packet Pg.2765 RFP for Marine Debris Removal and Related Services Q. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on 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 CU public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." CL I have read the above and state that neither (Respondent's name) nor E any Affiliate has been placed on the convicted vendor list within the last 36 months. 0 CL (Signature) Date: E STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online CU notarization, on (date) by r- i- (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. Q NOTARY PUBLIC U- CL CL Packet Pg.2766 RFP for Marine Debris Removal and Related Services Q. Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits CU Worker's Compensation Statutory Limits U Employer's Liability $1,000,000/$1,000,000/$1,000,000 General Liability $1,000,000 Combined Single Limit U M Vehicle Liability $1,000,000 Combined Single Limit per CL Occurrence/$1,000,000 Aggregate Cn Pollution Liability $1,000,000 per occurrence $2,000,000 annual aggregate CL Watercraft Liability $1,000,000 Jones Act Coverage $1,000,000 E IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify,hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death,personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any a) kind,including attorney's fees,court costs and expenses,which arise out of,in connection with,or by reason of services L- provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or 2 other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. i� In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the N CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the c� County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR,the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. C. LIJ The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. CU 0 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere E within this agreement. W Mn This indemnification shall survive the expiration or earlier termination of the Agreement. as RESPONDENT'S STATEMENT 'i CU I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. C. Respondent Signature U Packet Pg.2767 RFP for Marine Debris Removal and Related Services CL INSURANCE AGENT'S STATEMENT E I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. U POLICY DEDUCTIBLES U M CL Liability policies are Occurrence Claims Made 0 Insurance Agency Signature r 0 U Packet Pg.2768 RFP for Marine Debris Removal and Related Services 0. SECTION 4 INSURANCE AND BOND REQUIREMENTS Payment and Public Construction Bonds Payment and Public Construction Bond in the amount U of the cost of a 30-day Task Order of the proposed services work is a requirement of this Contract. Insurance Requirement Required Limits Worker's Compensation Statutory Limits CU 0. Employers' Liability Insurance $1,000,000 Accident 2 $1,000,000 Disease,policy limits r_ $1,000,000 Disease each employee 0 Q. General Liability, including $1,000,000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability E Personal Injury Liability Expanded Definition of Property Damage a� Vehicle Liability $1,000,000 per Occurrence (Owned, non-owned and hired vehicles) $1,000,000 Combined Single Limit CU Pollution Liability $1,000,000 per Occurrence $2,000,000 Aggregate U_ Q N Watercraft Liability $1,000,000 Monroe County shall be named as an Additional Insured on the General Liability, Vehicle Liability, Pollution Liability and Watercraft Liability policies. Jones Act Coverage Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's CU > Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal E Jones Act(46 U.S.C.A. subsection 688) with limits not less than $1 Million. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. CU Additional Information The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies (except Workers Compensation) issued to satisfy the above requirements. a� U Packet Pg.2769 RFP for Marine Debris Removal and Related Services Q. SECTION 5 SCOPE OF WORK AND COST SHEET E SCOPE OF WORK FOR MARINE DEBRIS REMOVAL AND RELATED SERVICES IN MONROE COUNTY AS A RESULT OF HURRICANE IRMA U The Scope of Work described below will be referred to as "the Project" or "project". X The awarded contractor must be available and be able to mobilize quickly, to begin work within within thirty five (35) calendar days for any work from the date of issuance of a Notice of Award by U Monroe County. When issued, the Notice to Proceed and accompanying Task Order will describe 0' E the response and recovery operations to be performed. Cn Respondents will include in their response (Tab 8) a copy of the fee schedule with proposed pricing. `U 0 In addition to payments for items indicated in the fee schedule, the County will pay all pass-through Q. costs at the final disposal site. There shall be no other reimbursable expenses or items. CU Monroe County does not guarantee any minimum quantities in this contract. Pursuant to Article 9.5 E of this Agreement Monroe County reserves the right to cancel this contract at any time when the County feels it is in the best interest of the County to do so. Respondents must propose for the two work categories: 1) Debris removal from from non-plugged canals CU 2) Transportation and disposal of the material from the canal sites to final disposal sites. CATEGORY 1. REMOVAL OF MARINE DEBRIS FROM CANALS N r Description: The Contractor will be responsible for the removal of marine debris from the canals. Efforts are to include the identification of locations in the water where marine debris exists, locating, removing, and transporting of the marine debris to to a DEP-permitted solid waste transfer station for "- C. disposal. The definition of marine debris includes but is not limited to: 0 • Vegetation,hazardous waste, construction and demolition debris,propane tanks, white goods, e- E waste, docks,non-marine vehicles, motorhomes, seawalls, and houses or portions of houses, • Identification, removal, transportation, and disposal of, traps and other man-made materials, and floating structures. CrJ Detailed Responsibilities: • The Contractor will assess total potential volume or area (linear feet or area of canal or CL shoreline, tons, cubic yards, etc.) for the amount of marine debris likely to be removed and disposed of. Marine debris should include all material that is within the canal including material that is laying along the bottom — potentially under layer(s) of silt, sediment or sand. The E Contractor shall use all necessary measures to ensure that all marine debris is removed from the U Packet Pg.2770 RFP for Marine Debris Removal and Related Services CL canal. Such marine debris should not be debris attached to personal property unless permission is provided to remove such debris. An effort should be made to contact a property owner to CU obtain permission to remove material that is obviously debris, but which may be tied or E otherwise affixed to land for reasons of maintaining clear navigation. U 1- • The Contractor will perform pre-removal assessment and mapping of canal debris using cost- effective technology, including side scan sonar or other methodology, to provide identification and assessment of debris locations—if requested by the County. U M CL • The Contractor shall also be responsible for and make good all damage to homeowner docks of any type, seawalls, boats, fencing, buildings, telephone or other cables, water pipes, sanitary u, pipes, and any other appurtenances, at the Contractor's sole expense. The Contractor shall CU produce a pre-construction video to document the existing conditions. The documentation shall utilize ahigh-resolution digital video camera with extended still frame capability. The 0 documentation shall record surface features located within the construction zone including, but CL not limited to, staging area, canal seawalls, boat lifts, boats, and any other permanent or temporary structures within the canal footprint. The documentation shall provide audio CU recording documenting the orientation, location, and description of features. The documentation 0 shall accompany a written log which documents the aforementioned items and shall contain E bright, sharp pictures with accurate colors and shall be free from distortion or any other M significant picture imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity, and be free of distortion. The construction shall not proceed until the County have reviewed the documentation and notified the Contractor of its acceptability. The Contractor will be responsible for appropriate final disposal. 04 • After the debris has been reduced and hauled to final disposal sites, the contractors will be responsible for performing any canal site restoration and closeout, to include removal of all site equipment(temporary toilets, security or silt fences, etc.), soil testing, and restoration of the sites to pre-work conditions. C. • All debris shall be mechanically loaded and reasonably compacted in the truck • Provide control of pedestrian and vehicular traffic in the work area to include flag persons signs E or other devices necessary to ensure safe debris removal operations W • Provide daily reports on all debris recovery operations to include all equipment and personnel used to the monitoring firm. a� The Contractor will be responsible for providing all necessary equipment and personnel to load and haul CU eligible marine debris, white goods, vegetation, C&D and seaweed/seagrass from the canal sites to final disposal sites. CL U_ CATEGORY 2 TRANSPORTATION OF MATERIALS FROM CANALS TO FINAL APPROVED DISPOSAL LOCATIONS U Packet Pg.2771 RFP for Marine Debris Removal and Related Services CL The Contractor will be responsible for providing all necessary equipment and personnel to load and LU haul eligible marine debris, white goods, vegetation, C&D and seaweed/seagrass from the canal CU sites to final disposal sites. a� CU U The Contractor shall immediately investigate claims of damage to private property and or County roads and rights of way due to debris operations and make repairs at no cost to the County. X, U CU CL CU r- CU 0 CL CU 0 CU N CL LU CU 0 CU CL Packet Pg.2772 RFP for Marine Debris Removal and Related Services CL EXHIBIT A E u LIST AND MAP OF CANALS PROJECT LOCATION: u See attached location maps for additional details. M CL 0 CL a) CL 0 a) CL Packet Pg.2773 RFP for Marine Debris Removal and Related Services Q. EXHIBIT B PRICING SHEET u M CL CL MO CL 0 CL Packet Pg.2774 D.6.b ATTACHMENT A E Map of Potential Canals for Potential Clearing crj CL CL CL cu r Packet Pg.2775 / lm d=IN IBAOWBU sijqaa auHe ) �ZOZ OZOZ laaqS |es ode H #u |eu e0- 9 gmex :Wa@Qaq! CL .. \ ..} UJ IL : < \ < Z / � W 2 0 CL � q _ @ w CY �o 0. Q » \ 04 2 a q U) LU Z E » / 04 2 \ .� @ Cl) \ c � 3 2 \ I \ ^_ o '\ / 0) .U) _r_ . . Tu- a y ■ 2 2 o -0 � 7 a) CL % � \ E E U0 p � cu U § ❑ A ° § 2 � � (1) kE (3� 2 I ± : > ƒ 70 I I e k § k k 0 2 \ U 5 M _ . 2 2 cu c E / k j Cl)m ■ B 2 o C5 2 \ g 2 u 2 U- M - 5 (1) w / U C 3 -Om I ao;d=IN IBAOWBU sijqaa auca ) LZOZ-OZOZ laaqS f so oa 83IJ i' f - 9 I' ' x :IUO qo ll U ti m a M M m76U u _0 a) 70 4- O a >, O Q C)0 a) c _0 o O 0- CL M E z m _0 v= N c O vi M C a) -0 '_ 0) p -0 -0 0 C 0 M 6 Q -0 -0 O tQ MQ N a) O a) _0 6 0 " N tQ O i > tQ tQ a) M N Q .> O -0 to -0 c N i Mto 0 0 + o o O ID — a) O Q CL m 0- M ° ' m a) , X o c� o mO a) U 0) U _ cB E a) Q 0) 0 p O Q a) O O O Q - 4- 0 - 0 N mQ p Ei to O) ,_ 0 0 _0 _ tQ O o sr w O tao) •tio a) to L- O v mO) 0 0 UC OU M U O � " UO U Q o 0O M c a) U tQ > M tQ N O i tQ L- U Q _0 Q U c O N 0- Q i >+ •0) - O O O - m E Q c� > O p o m O m m o — m � " ° m (n -0 ~ — -0 Q 0 m O 0) 0) c C C c) O - o C E � U c 0 4- c c _ U 0 a) O o a) E o m > c c� _0 Q � ~ m O -0 a) a) o U U m m c 0 0 o m a) Q Q o m -� Q C — �- oCL o m ri 0) m 4 U Lo 2! cfl Fn E 0 N U- O cB Z 0 0 0- 0 d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: CL UJ Monroe County Marine Debris Removal LP44074 2. Parties State of Florida Department of Environmental Protection, E 3900 Commonwealth Boulevard (Department) Tallahassee,Florida 32399-3000 Grantee Name: Monroe County Entity Type:County Grantee Address: 1100 Simonton Street, Key West, FL 33040 FEID: 59-6000749 (Grantee) 3. Agreement Begin Date: Date of Expiration: 70 2 Upon Execution June 30,2021 CU CL 4. Project Number: Project Location(s): Gnat,in nnincorlurntcd Monroe Count,City or Marathon, (If different from Agreement Number) and village or islamorada Cn Project Description: CU The grantee will remove marine debris from up to 103 canals. cri 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Sources : — $5,550,000.00 W] State ❑Federal FY17-18 GAA Line Item 1593A $4,000,000.00 CL ® State ❑Federal FY18-19 GAA Line Item 1580A $1,5009000.00 CU ElGrantee Match a 0 Total Amount of Funding+Grantee Match,if any: $5,500,000.00 a) 6. Department's Grant Manager Grantee's Grant Manager Name: Lisa Mecca Name: Rhonda Haag or successor or successor Address: Florida Dept.of Environmental Protection Address: Sustainability Director 3900 Commonwealth Blvd. 102050 Overseas Highway,Ste.246 CU Tallahassee,FL 32399-3000 Key Largo,FL 33037 Phone: (850)245-2920 Phone: (305)453-8774 Email: Lisa.Mecca @dep.state.Mus Email: Haag-rhonda@monroecounty-fl.gov Q 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: © Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements © Attachment 2: Special Terms and Conditions Z Attachment 3: Grant Work Plan _ 0 Attachment 4:Public Records Requirements 0 Attachment 5: Special Audit Requirements CU ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available at https://facts.fldfs.eom,in accordance with§215.985,F.S. U) CL ❑ Attachment 8:Federal Regulations and Terms(Federal) UJ ❑ Additional Attachments(if necessary): t 0 Exhibit A:Progress Report Form ❑ Exhibit B:Property Reporting Form 2 Exhibit C:Payment Request Summary Form CU ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): U cri DEP Agreement No. LP44074 Rev.6/20/18 Packet Pg.2778 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers FAIN Federal Award Date.to Department: Total Federal Funds Obli ated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/ALIJ CU IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the E last date signed below,whichever is;lat .- r- CU Monroe County Board of CounmmSsiongrs GRANTEE Grantee Name ev' Madok,Clerk BY (Authorized Sigdl'ature) : ``-j�'" Date Si#ied a /z CL David Rice,Mayor ela Hancock,Deputy Clerk Print Name and Title of Person Signing Crj - Crj State of Florida D artment of Environmental Protection DEPARTMENT 0 By 9 1 S Secretary or Designee Date Signed Trina L.Vielhauer,Division Director > 0 Print Name and Title of Person Signing 2 Additional signatures attached on separate page. Q OE COUN ATTO MEY C' c4 P VED M o r rt•� P-D cn_c-r; u� Ay URITY ATTORNEY / (, J say ` CU Date U) U U DEP Agreement No. LP44074 Rev.6/20/18 Packet Pg.2779 D.6.d Uj DWRA Additional Signatures CL &Mecc�a,,DEP Grant Manager U m CL San y Waters,D P QC Reviewer 0 CL CL cn CL U U Packet Pg.2780 UJ STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CL STANDARD TERMS AND CONDITIONS UJ APPLICABLE TO GRANT AGREEMENTS E ATTACHMENT 1 1. Entire Agreement. U This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation the Agreement is as follows: CL i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement 0 b. All approvals,written or verbal,and other written communication among the parties, including all notices,shall CL U- be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when > 0 receipt is acknowledged by recipient. If the notice is delivered in multiple ways,the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the CU following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or (3)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement CL may be amended to provide for additional services if additional funding is made available by the Legislature. — e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible U) for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, CL unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the UJ execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. Attachment 1 1 of 11 Rev.4/27/18 Packet Pg.2781 The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and CL workmanlike manner in accordance with industry standards and practices;(4)the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, CU subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes,if provided by Department, for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary,written acceptance of a particular deliverable does not foreclose U Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the a) deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant CL Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or CU activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made 0 acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may CL allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an CU event of default. > 7. Financial Consequences for Nonperformance. E a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department.The CAP shall be sent to Grant Manager for review and approval.Within ten(10)days CL of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for CL cause as authorized in this Agreement. — ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department CU does not relieve Grantee of any of its obligations under the Agreement.In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. CL No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. Attachment I U 2ofII Rev.4/27/18 Packet Pg.2782 a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees CL to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this U Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs a) upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. CL Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State Cn funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address:www.myfloridaefo.com/aadir/reference ug ide/. CU e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and 0 post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in CL accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of CU deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. C h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates CU appropriations. a i. Interest Rates.All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridaefo.com/Division/AA/Vendors/default.htm. CL j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded Department.Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. CL If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: CU a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or U) match requirements. CL b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers,all multipliers used(i.e.,fringe benefits,overhead, indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty(30) days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers Attachment 1 CrJ 3of11 Rev.4/27/18 Packet Pg.2783 UJ charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive CL rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased UJ for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee E shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its CU subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. U i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price CL subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall Cn request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. 0 ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section CL 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, > 0 F.S. e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses,reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department CL - shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition.Reimbursement for the costs associated with acquiring interest and/or rights to real property CL (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting U) acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee CL UJ agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. Attachment 1 CU CU 4ofII Rev.4/27118 Packet Pg.2784 The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed CL under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval CU of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work U was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing CL procedures under this Agreement. 12. Insurance. 2 a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees CU and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as CU described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related 0 to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. CL b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- C insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide CU proof of such replacement coverage within ten(10)days after the cancellation of coverage. a 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall CL notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Department must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. CL b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that CU the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in U) addition to any other rights and remedies provided by law or under this Agreement. CL c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. Attachment 1 5of11 Rev.4/27/18 Packet Pg.2785 e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition CL of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as E necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of U the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. CL Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of CU the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; 0 b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department CL of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; > 0 d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; Mn f. Failure to pay any and all entities, individuals, and furnishing labor or materials,or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the a specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: CL i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. M 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars U) of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration CL of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the Attachment 1 CU CU 6of11 Rev.4/27/18 Packet Pg.2786 UJ foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay CL and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first UJ arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably CU foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No CU claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be U entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph,after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole a) discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment CL to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to Cn and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. 0 a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall CL fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: CU i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in > 0 part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the CL negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, CU implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount CL no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in UJ compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. Attachment 1 U 7ofII Rev.4/27/18 Packet Pg.2787 The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise CL of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall because for unilateral cancellation of this Agreement.The Grantee shall be responsible CU for including this provision in all subcontracts with private organizations issued as a result of this Agreement. U b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a a) contract with a public entity for the construction or repair of a public building or public work;may CU not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded CL or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public Cn entity; and may not transact business with any public entity in excess of the threshold amount CU provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following theCU date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor 0 list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a CL public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies CU on leases of real property to a public entity; may not be awarded or perform work as a contractor, > 0 supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or T consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. CU 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. CL b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be CU responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. CL a. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135,F.S., Department may immediately terminate this Agreement at its sole option if Grantee or its subcontractors are found to have submitted a false certification;or if Grantee,or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars,the Grantee certifies that it and its subcontractors are also CU not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., Department may immediately terminate this Agreement at its sole option if Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if Attachment 1 U 8of11 Rev.4/27/18 Packet Pg.2788 LIJ Grantee,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria during the term of the Agreement. LIJ c. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the CU performance of work under this Agreement. d. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. CU 25. Lobbying and Integrity. U The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.;except that pursuant to the requirements of Section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State,Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term, or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in CL accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In CU the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized 0 State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's CL integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of.(1)three years after the expiration of the Agreement;or(2)the period required by the > 0 General Records Schedules maintained by the Florida Department of State(available at: http://dos.myflorida.com/library-archives/records-mana2ement/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; CL ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment W 5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the U) Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state) CL LIJ identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). The Department Attachment 1 CU CU 9of11 Rev.4/27/18 Packet Pg.2789 may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs,and fringe benefits). The Grantee must provide the additional proof within thirty(30)days of such request. CL e. No Comminglina of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees CU are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. U i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing a) rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by CL Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds CU originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is 0 made to Department. CL iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. > 0 The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. Mn The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For CU cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may,for cause, deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. CL d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. — e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the M Department's facilities,unless the basis of Department's denial is safety or security considerations. CU f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full U) diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting CL opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. U 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 CU CU 10 of 11 Rev.4/27/18 Packet Pg.2790 UJ is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. CL 32. Survival. UJ The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee, its U agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions are severable to that void provision,and shall remain in full force and effect. CL 35. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications.Upon request, Grantee shall furnish a copy ofCU technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all 0 controlling laws and regulations relevant to the services they are providing under the Agreement. CL 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under CU any purchase order issued pursuant to the Agreement,without the prior written consent of Department.In the event > 0 of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. M 37. Execution in Counterparts and Authority to Sign. This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly CU authorized to do so and to bind the respective party to the Agreement. le CL le CL CU U) UJ CL U Attachment 1 11 of 11 Rev.4/27/18 Packet Pg.2791 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.LP44074 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Marine Debris Removal.The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. U a. Reimbursement Period.The reimbursement period for this Agreement begins on July 1,2017 and ends at the CL expiration of the Agreement. E b. Extensions.There are extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. 0 a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this CL Agreement as described in Attachment 3. b. Invoicine.Invoicing will occur as indicated in Attachment 3. c. Advance Pay.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) le le ❑ ❑ Travel CL ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Travel. Additional compensation for travel is not authorized under this Agreement. U) 6. Equipment Purchase. CL No Equipment purchases shall be funded under this Agreement. r 7. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 8. Match Requirements There is no match required on the part of the Grantee under this Agreement. 9. Insurance Requirements Attachment 2,Agreement No.LP44074 1 of 2 Rev.5/3/2018 Packet Pg.2792 Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described.below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the CL Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or UJ alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability M insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall CL be named as an additional insured on any automobile insurance policy. The minimum limits shall be as E follows: 2 CU $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable CU $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. 0 The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.,and employer's CL liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. CrJ d. Other Insurance.None. y 0 10. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 11. Retainage. No retainage is required under this Agreement. 12. Subcontracting. CrJ The Grantee may subcontract work under this Agreement without the prior written consent of the Department's , Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for Q subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. CL 13. State-owned Land. The work will not be performed on State-owned land. 14. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. CU 15. Additional Terms. None. CL UJ CL U Attachment 2,Agreement No.LP44074 2 of 2 Rev.5/3/2018 Packet Pg.2793 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Monroe County Marine Debris Removal cri E PROJECT LOCATION: The Project will be located withiin canals in unincorporated Monroe County, City of Marathon, and Village of Islamorada,Monroe County. CU U PROJECT BACKGROUND: On September 10,2017 the Florida Keys was struck by Hurricane Irma,a Category 4 storm which caused extensive damage to homes and properties.A significant amount of debris was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force winds. CU CL Monroe County requested funding assistance from the United States Department of Agriculture(USDA) National Resources Conservation Service(NRCS)Emergency Watershed Program.This program Cn ca provides public assistance funds for disaster response related marine debris removal and disposal CU operations.USDA NRCS approved Monroe County's$45 million application to assist with the removal of marine debris from the 103 eligible canals throughout the Florida Keys. Of this$45 million allocation, 0 unincorporated Monroe County's portion is$34 million which requires a$7.9 million(25 percent match) Q. for the marine debris removal activities.The additional $2.4 milion not covered in this project,will derive from other county sources. 0 PROJECT DESCRIPTION: The Grantee's contractor will remove marine debris from canals. Work includes the identification of locations in the water where significant marine debris exists, locating, removing,and transporting of the marine debris to debris sites. The definition of marine debris includes: • Vegetation, hazardous waste, construction and demolition debris, propane tanks, white goods, e- waste,docks,non-marine vehicles,motorhomes, seawalls,and houses or portions of houses; CU • Organic material, sand or silt deposited into the canals as a result of Hurricane Irma; • Traps and other man-made materials, and floating structures. �. le le The Grantee does not anticipate that the funding under this Agreement will result in a fully completed EL project,so this Agreement will cover a portion of the work. TASKS: All documentation should be submitted electronically unless otherwise indicated. CU Task 1: Marine Debris Removal U) Deliverables: The Grantee will remove marine debris from canals in accordance with the debris removal EL contract document. r Documentation:The Grantee will submit with each payment request a signed acceptance of the completed work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. U DEP Agreement No.LP44074,Attachment 3, Page 1 of 2 Packet Pg.2794 Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more CL frequently than monthly. CU PROJECT TIMELINE&BUDGET DETAIL: The tasks must be completed by,and all documentation E received by,the corresponding task end date. CU U Task Budget Budget :Task Start" Task End Task Title. No; . ; Cate o , Amount Date. . Date ;_ . Contractual 1 Marine Debris Removal Services $5,500,000 07/01/2017 12/31/2020 Total: $5,500,000 CL 0 CL CL CL U) CL U U DEP Agreement No.LP44074,Attachment 3,Page 2 of 2 Packet Pg.2795 D.6.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. CU a.. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material,regardless of the physical form,characteristics, or means of transmission,made or received by Grantee in conjunction with the CU Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1),F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as CU defined in section 119.0701(1)(a),F.S.;the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. CU b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be CU inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or as otherwise provided by law. L- c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to CL penalties under section 110.10,F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the 0 contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract,transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service.If the contractor transfers all Public Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, CU upon request from Department's custodian of Public Records, in a format specified by Department as compatible with 2 the information technology systems of Department.These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook,Adobe, or Excel, and any software formats the le contractor is authorized to access. CL f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.servicesgfioridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 CU DEP Agreement No.LP44074,Attachment 4,Page 1 of 1 Rev.4/27/2018 Packet Pg.2796 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements CrJ Attachment 5 E The administration of resources awarded by the Department of Environmental Protection(which may be referred to as the "Department", "DEP" "FDEP"or"Grantor", or other name in the agreement)to the recipient(which may be referred to as the "Recipient'; "Grantee"or other name in the agreement)maybe subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING U In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, CL Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133,as revised, W and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to ca comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of CU Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the 4- Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any CL inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS 0 a) PART I:FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330 (for fiscal year start dates after December 26,2014). 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, CU 2014)or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of le Environmental Protection by this Agreement.In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F.An audit of the recipient conducted by the Auditor General in accordance with the provisions of CL OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised, and 2 CFR Part 200,Subpart F. U) CL UJ 3. If the recipient expends less than$500,000(or$150,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised,and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). DEP Agreement No.LP44074 Attachment 5,Page 1 of 5 Rev.4/27/2018 �A Packet Pg.2797 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.gov CL PART II: STATE FUNDED CU E This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes. r_ 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of U $750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental CL Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. CU 2. In connection with the audit requirements addressed in Part H,paragraph 1;the recipient shall ensure that the 0 audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a CL financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 0 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access CU the Florida Single Audit Act website located at https:Happs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at CL http://ww w.my fl orida.com/audgeii/. PART III:OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for U) finding the full cost of such additional audits.) CL PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F and required by PART I of this Attachment shall be submitted,when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: U DEP Agreement No.LP44074 Attachment 5,Page 2 of 5 Rev.4/27/2018 Packet Pg.2798 Uj A. The Department of Environmental Protection at one of the following addresses: CL By Mail: Uj Audit Director Crj Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 U Electronically: FDEPSingleAudit n,dep.state.fl.us >+ B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a)(the number of copies required by Sections .320 (d)(1)and(2),OMB Circular A-133, as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the CL following address: W ca Federal Audit Clearinghouse CU Bureau of the Census 1201 East loth Street 0 Jeffersonville,IN 47132 CL Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can > be found at http://harvester.census.gov/facweb/ 0 a) C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), W OMB Circular A-133,as revised,and 2 CFR§200.512. 2. Pursuant to Section .320(f),OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F,the recipient shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: le Audit Director le CL Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit c dep.state.fl.us CU 3. Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: CL Uj A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 U DEP Agreement No.LP44074 Attachment 5,Page 3 of 5 Rev.4/27/20I8 Packet Pg.2799 Uj Electronically: FDEPSingleAudit a,dep.state.fl.us CL Uj B. The Auditor General's Office at the following address: E State of Florida Auditor General Room 401,Claude Pepper Building CU 111 West Madison Street U Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director CL Florida Department of Environmental Protection Cn Office of the Inspector General,MS 40 3900 Commonwealth Boulevard CU Tallahassee,Florida 32399-3000 0 Electronically: CL FDEPSing1eAudit@dep.state.f1.us ru 5. Any reports, management letters, or other information required to be submitted to the Department of > 0 Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. C 6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor CU General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. le PART V: RECORD RETENTION le CL The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five(5)years from the date the audit report is issued,and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer,or Auditor General access to such records upon request. The recipient shall CL ensure that audit working papers are made available to the Department of Environmental Protection,or its designee, Chief Financial Officer,or Auditor General upon request for a period of three(3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. CU U) Uj CL U U DEP Agreement No.LP44074 Attachment 5,Page 4 of 5 Rev.4/27/2018 �A Packet Pg.2800 Uj E Uj 1- EXHIBIT-I Crj FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: CL Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Following: U} Federal State Crj Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category $ 0 CL - State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: cu Federal State Program Appropriation O Number Federal Agency CFDA CFDA Title Funding Amount Cate o State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97,F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original General Appropriations Statewide Surface Water Restoration Agreement Line Item 1593A 2017-2018 37.039 and Wastewater Projects $4,000,000 141115 Original General Appropriations Statewide Surface Water Restoration Agreement Line Item 1580A 2018-2019 37.039 and Wastewater Projects $1,500,000 141115 CL Total Award $5,500,000 For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance(CSFA)lhttps://apes.fldfs.comlfsaa/searchCataloe.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. Crj DEP Agreement No.LP44074,Attachment 5,Exhibit 1,Page 5 of 5 U) e U U Packet Pg.2801 uJ DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form CL uJ CU Exhibit A DEP Agreement No.: LP44074 CU Grantee Name: Monroe County U Grantee Address: 102050 Overseas Highway, Ste.246,Key Largo,FL 33040 Grantee's Grant Manager: Rhonda Haag Reporting Period: Project Number and Title: LP44074-Monroe County Marine Debris Removal CU CL Provide the following information for all tasks and deliverables identified in the Grant Work Plan: ur ca A summary of project accomplishments for the reporting period,and comparison to goals for the period.If CU goals were not met, provide reasons why. Provide an update on the estimated time for completion of the task and an explanation for any anticipated delays. Identify by task. Use as many pages as necessary to cover all tasks in the Grant Work Plan.The following format should be followed. 0 Task#: Description: Progress for this reporting period: Identify any delays or problems encountered: CU Task#: Description: Progress for this reporting period: le J Identify any delays or problems encountered: Cn U CU This report is submitted in accordance with the reporting requirements of DEP Agreement No.LP44074 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date U Exhibit A,DEP Agreement No.LP44074 1 of 1 Rev.4/5/2018 Packet Pg.2802 EXHIBIT C PAYMENT REQUEST SUMMARY FORM Uj 0. Uj DEP Agreement No. LP44074 Payment Request No. Request Date: Crj Grantee: (Name&Mailing Address) � i Grantee's Grant Manager Task No(s). Task Amount(s)Requested: $ Crj CL GRANT EXPENDITURES SUMMARY SECTION TOTAL PREVIOUS MATCHING TOTAL Crj AMOUNT OF THIS CUMULATIVE AUTHORIZED TASKS REQUEST PAYMENT PAYMENT FUNDS FOR THIS CUMULATIVE Crj REQUESTS REQUESTS REQUEST MATCHING FUNDS O m— Task 1: S S S - $ S - 0. Task 2: $ S $ - S - $ - > O Task 3: S - S - $ - $ - $ - C Task 4: S - S - " S $ - S .i Task 5: S - S S $ - S - Crj Task 6: $ $ S $ _ S Q le Task 7: $ - S S $ _ S Crj Task 8: S S S $ - S CL Task 9: S - S - S $ Crj W TOTAL AMOUNT S S S $ S U) Uj TOTAL BUDGET (ALL TASKS) $ S ' - +s LESS TOTAL CUMULATIVE S S PAYMENT REQUESTS OF: u Crj TOTAL REMAINING (ALL TASKS) $ $ GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. u M Exhibit C,DEP Agreement No.LP44074,Page 1 of 6 Packet Pg.2803 Grantee's Certification of Payment Request on behalf of CL LU (Print name of Grantee's Grant Manager designated in the Agreement) CU E do hereby certify for (Print name of Grantee) DEP Agreement No. and Payment Request No. that: U M CL 1.The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2 CU 2. All costs included in the amount requested have been satisfactorily purchased,performed,received, and applied toward CU completing the project;such costs are documented by invoices or other appropriate documentation as required in the Agreement. 0 CL 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;and the Grantee is not in default of any terms or provisions of the contracts. CU 0 a) CU le CL le CU Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature CL LU Print Name Print Name ' Telephone Number Telephone Number U Exhibit C,DEP Agreement No.LP44074,Page 2 of 6 Packet Pg.2804 Engineer's Certification of Payment Request CL ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROJECT E I, being the Professional Engineer retained by (name of Professional Engineer) am responsible for overseeing construction of the project (name of Grantee) described in the Agreement and do hereby certify that for DEP Agreement No. and Payment Request No. U CL CrJ 1. All permits and approvals required for the construction,which is underway,have been obtained. ut ca 2. Payment is in accordance with construction contract provisions. CrJ 3. Construction up to the point of this payment request is in compliance with the approved plans and permits. 0 4— CL 4. Equipment,materials,labor,and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection. y 0 CrJ Signature of Professional Engineer t� le le CL Firm or Affiliation (Date) (P.E.Number) CL U) CL U U CrJ Exhibit C,DEP Agreement No.LP44074,Page 3 of 6 Packet Pg.2805 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM Uj DEP AGREEMENT NO.: This is the number on your grant agreement. PAYMENT REQEUST NUMBER:Number of payment request REQUEST DATE:Date reqeust is submitted CL GRANTEE: Enter the name of the grantee's agency. Uj MAILING ADDRESS: Enter the address that you want the state warrant sent. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. TASK NO.: This is the number of the task that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). i a) TASK AMOUNT REQUESTED: This should match the amount on the"TOTAL TASK BUDGET AMOUNT" line for the`AMOUNT OF THIS REQUEST"column. a Crj GRANT EXPENDITURES SUMMARY SECTION: i "AMOUNT OF THIS REQUEST"COLUMN: Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the"TOTAL AMOUNT"line. Enter the amount of all Tasks on the"TOTAL BUDGET(ALL TASKS)"line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"line. Deduct the"LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enterCrj on the"TOTAL REMAINING(ALL TASKS)"line. CL "PREVIOUS PAYMENT REQUESTS" COLUMN:Enter the total cumulative amount that has been paid in previous requests.Do not include the current reqeusted amount in Ut this total.Do not enter anything in the shaded areas. s; "TOTAL CUMULATIVE PAYMENT REQUESTS"COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The i final request should show the total of all requests;first through the final request(this amount cannot exceed the approved budget amount for that budget category for the Task(s) 0 you are reporting on). Enter the column total on the"TOTAL PAYMENT REQUEST"line. Do not enter anything in the shaded areas. CL "MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s)you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the"TOTAL AMOUNT"line for this column. Enter the match budget amount on the"TOTAL BUDGET(ALL TASKS)"line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS OF"line for this column. Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF"from the"TOTAL BUDGET(ALL TASKS)"for the amount to enter on the "TOTAL REMAINING(ALL TASKS)"line. "TOTAL CUMULATIVE MATCHING FUNDS"COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the line titled"TOTAL PAYMENT REQUEST." The final request should show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas. s; GRANTEE'S CERTIFICATION:Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. ENGINEER'S CERTIFICATION:Must be signed by Professional Engineer when Construction is being reqeusted for reimbursement. 9� Documentation for match claims must meet the same requirements as those expenditures for reimbursement. CL CL s; i i 1D CL s; U s; U Exhibit C,DEP Agreement No.LP44074,Page 4 of 6 Packet Pg.2806 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Lu REQUEST FOR PAYMENT—PART II REIMBURSEMENT DETAIL EL Grantee Name: LP44074 Payment Request No.: Lu DEP Agreement No.: Monroe County Marine Debris Removal Crj Local Share or Other i Vendor Name Invoice Invoice Date Invoice Amount Funding or Amount Requested Amount (3) Check Number Task/Deliverablembe4) Number (t) Not Requested(2) Number(4) $ $ $ $ - $ $ - $ $ - $ $ - U M $ $ CL - $ $ - E $ $ - $ $ - $ $ - 0 $ $ - a-° EL Totals: Is - $ - 0 a) ate. EL J U) EL U U Exhibit C,DEP Agreement No.L44074,Page 5 of 6 Packet Pg.2807 Instructions for Completing Request for Payment - Part H Include the Grantee Name,Payment Request No.,and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. CU Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee,that is not 2 being requested for reimbursement by this grant CU Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested(2)from Invoice 3 Amount(1). Deliverable Number: Must identify completed deliverable(s)for each invoice. If invoice covers multiple deliverables,that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that Task/Deliverable identified under(2). U M CL Submittal Instructions Cn ca Instructions for E-mailing: 0 CL The program now accepts reimbursement requests electronically, please E-mail to Water and Springs Restoration Program. When scanning please be sure that the minimum scan resolution must be 300 DPI(dots per inch). When reimbursement requests are sent electronically,please do not also send a hard copy by postal mail. 0 Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form. Remit Payment Request by E-mail to: WSRP(aD_dep.state.fl.us Be sure the E-mail payment request includes the following: a• Cc: Department's Grant Manager le Subject: Project Number_Disbursement Number: example—LP14025_Disb 1 Attachments: 1) Exhibit D Payment Request Summary 2) Request for Payment Part II Reimbursement Detail _ 3) Copies of invoices 4) Proof of payment(copies of canceled checks, front and back or EFT verification) CU 5) Other supporting documentation, as needed U) CL For questions or concerns regarding these forms or if you would like the payment request forms listed above in , electronic format please contact: Lisa Mecca,850-245-2924 Lisa.MeccaCoMep.state.fl.us U Exhibit C,DEP Agreement No.LP44074,Page 6 of 6 Packet Pg.2808 D.6.e AMENDMENT NO.1 TO AGREEMENT NO.LP44074 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MONROE COUNTY This Amendment to Agreement No. LP44074 (Agreement) is made by and between the Department of CrJ Environmental Protection (Department), an agency of the State of Florida, and Monroe County,:(Grantee), on the CL date last signed below. E WHEREAS, the Department entered into the Agreement with the Grantee for Monroe County Marine Debris CU Removal,effective September 5,2018;and, 0 WHEREAS, the Grantee has requested a revision in the scope of work and a reallocation of the budget for the CL project. NOW THEREFORE,the parties agree as follows: > 0 1. Attachment 3, Grant Work Plan, is hereby,deleted in its entirety and replaced with Attachment 3-1, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. � All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-1, Revised Grant Work Plan. 2. All other terms and conditions of the Agreement'remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment,the provisions of this Amendment shall control. CU IN WITNESS WHEREOF,the parties have caused this amendment to Agreement No. LP44074 to be duly executed, the day and year last written below. MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION r— By: By- CL S via J. urp y, M4or . Trina L.Vielhauer,Division Director i Monroe County Attorney Approved as to form:. &. a cca,DEP Grant Manager — CL Cn olgltagy11 eypmmaLM •£unyBac,oµe�,�ail=hall CU - _cynlMa 1031111ty1fl.gav,"US °ate:3gl61g.31 I I]3:33 San ra Waters,DEP QC Reviewer CL 3 4 ; 0 �C- UJ List of attachments/exhibits included as part of this Amendment: CCD 04 r" Letter/ r*1� C7 p`^\fy �e�, Number Description(include number of pages) Aftacc nen 3-1 Revised Grant Work Plan(2 Pages) . t C:� +s IN MACL CLERK °, r^DEPUTY CLERK _ U DEP Agreement No.LP44074,Amendment No. 1,Page 1 of 1 Packet Pg.2809 Q) ATTACHMENT 3-1 REVISED GRANT WORK PLAN PROJECT TITLE: Monroe County Marine Debris Removal PROJECT LOCATION: The Project will be located within canals (connected and plugged) in CU CL unincorporated Monroe County,City of Marathon,and Village of Islamorada,Monroe County. 2 PROJECT BACKGROUND: On September 10,2017 the Florida Keys were struck by Hurricane Irma,a CU Category 4 storm which caused extensive damage to homes and properties.A significant amount of debris CU was deposited in the canals adjacent to the damaged homes and properties as a result of the hurricane force I- winds. 0 Monroe County requested funding assistance from the United States Department of Agriculture (USDA) National Resources Conservation Service(NRCS)Emergency Watershed Program.This program provides y public assistance funds for disaster response related marine debris removal and disposal operations.USDA 0 NRCS approved Monroe County's$45 million application to assist with the removal of marine debris from the 103 eligible canals throughout the Florida Keys.Of this$45 million allocation,unincorporated Monroe County's portion is $34 million which requires a $7.9 million (25 percent match) for the marine debris removal activities. The additional $2.4 million not covered in this project, will derive from other county sources. PROJECT DESCRIPTION: The Grantee's contractor will remove marine debris from canals. Work CU includes the identification of locations in the water where significant marine debris exists, locating, removing, and transporting of the marine debris to debris sites. The definition of marine debris includes: • Vegetation, hazardous waste, construction and demolition debris, propane tanks, white goods, e- waste,docks,non-marine vehicles,motorhomes, seawalls, and houses or portions of houses; • Organic material,sand or silt deposited into the canals as a result of Hurricane Irma; • Traps and other man-made materials,and floating structures. Q le le CL The grantee will also utilize a contractor to provide project management to confirm compliance with NRCS requirements and all state statutes and local ordinances. The Grantee's consultant shall provide project management and disaster related services in canals and temporary debris management area(TDMA)sites. The consultant will oversee the contractor activity and manage the marine debris site and address daily CL safety reports and corrective action recommendations. In addition, the Grantee will monitor the activities ° conducted under local,state and federal permit requirements for applicable marine debris removal work. CU The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project,so this Agreement will cover a portion of the work. Cn CL TASKS: r 04 All documentation should be submitted electronically unless otherwise indicated. Task 1: Marine Debris Removal U Deliverables: The Grantee will remove marine debris from canals (connected and up to five plugged) in accordance with the debris removal contract document. U DEP Agreement No.LP44074,Attachment 3-1,Page 1 of 2 Packet Pg.2810 Q) r- CU Documentation:The Grantee will submit with each payment request a signed acceptance of the completed work to date by the Grantee and records of the amount of debris removed and any records associated with disposal of the removed material. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the CU CL Department's Grant Manager,the Grantee may proceed with payment request submittal. 2 Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more CU frequently than monthly. CU Task 2:_Proiect Management and Disaster Related Services — CL Deliverables: The Grantee will utilize a contractor to provide project management and other disaster related services to confirm compliance with NRCS requirements and all state statutes and local ordinances. y 0 Documentation: The Grantee will submit interim progress status surmnaries including summary of inspections,meeting minutes and field notes, as applicable. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager,the Grantee may proceed with payment request submittal. CU Payment Request Schedule:The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE&BUDGET DETAIL:The tasks must be completed by,and all documentation received by,the corresponding task end date. Task Budget Budget Task Start Task End LL Task Title No. Category Amount Date Date- - le Marine Debris Removal Contractual la within connected canals Services $4,800,000 07/01/2017 12/31/2020 Marine Debris Removal Contractual lb within plugged canals Services $100,000 07/O1/2017 12/31/2020 2 Project Management Contractual $600,000 07/01/2017 12/31/2020 - Services CL Total: $5,500,000 CU U) r 04 a) U U DEP Agreement No.LP44074,Attachment 3-1,Page 2 of 2 Packet Pg.2811