Item G3 G.3
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Heather Carruthers,District 3
-��
{sJ ` °' Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` .I3 ��` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
November 17, 2020
Agenda Item Number: G.3
Agenda Item Summary #7491
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505
no
AGENDA ITEM WORDING: Approval to Advertise a Request for Proposals (RFP) to Seek a
Vendor who shall Utilize Local Commercial Fishermen to Provide Marine Debris Removal Services
Along Shorelines and Nearshore Waters Affected by Hurricane Irma with Funding Provided
Through a No-Match Grant from the Florida Fish and Wildlife Conservation Commission (FWC).
ITEM BACKGROUND: On September 10, 2017, Hurricane Irma made landfall in the Florida
Keys as a Category 4 storm causing significant impacts to the marine environment, including the
deposition of a variety of marine debris. While past efforts have been successful in removing debris
from high impact areas, scattered debris remains along various shorelines and in nearshore waters
throughout the Keys waters of Monroe County.
To support the recovery of impacted marine environments and associated fisheries, the National
Oceanic and Atmospheric Administration (NOAA) Fisheries Services allocated $44,608,039 to the
State of Florida. The Florida Fish and Wildlife Conservation Commission (FWC) developed a
Hurricane Irma Fishery Disaster Funding Proposal, including allocation of $1.3 million for marine
debris cleanup with a focus on fisheries-related debris. FWC selected Monroe County as a sub-
recipient of this funding to perform this work which will be subcontracted to a vendor under this
RFP.
This project will target mangrove shorelines and associated nearshore waters adjacent to publicly
owned lands between Marathon and Sugarloaf Key which is anticipated to have the highest density
of remaining trap debris. The project will not include debris removal in canals. The primary focus
will be on the retrieval of commercial trap gear, particularly entangled trap rope, as well as other
man-made debris identified by the project. The project requires that the above-referenced vendor to
utilize local commercial fishermen to perform the work as they have extensive knowledge of Keys'
waters and are generally well-equipped to perform this type of work.
The vendor will:
• Conduct preliminary assessments of existing debris within the focus area of the project
(Sugarloaf to Marathon)to determine priority locations for targeted removal activities,
Packet Pg. 1296
G.3
• Provide and oversee several `crews' of local commercial fishermen to perform retrieval,
collection and transportation of marine debris from authorized debris sites to Temporary Disposal
Sites, and
• Transport collected debris from Temporary Disposal Site(s) to certified disposal facilities for
final disposal.
The work must be completed no later than June 30, 2021. The RFP will be published on November
18, 2020, and bid proposals will be opened on January 5, 2021. A Selection Committee is scheduled
for January 8, 2021, to review, score and rank the responses. Staff anticipates requesting selection of
a respondent at the January BOCC meeting and subsequent execution of a contract at the February
BOCC meeting in order to meet the project's deadlines.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
no
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Final RFP and Scope
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date: n/a
Total Dollar Value of Contract: $1,300,000
Total Cost to County: $0
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: NOAA/FWC
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: no If yes, amount:
Grant: Yes
County Match: No
Insurance Required: Yes
Additional Details:
none
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G.3
REVIEWED BY:
Emily Schemper Completed 10/29/2020 1:29 PM
Peter Morris Completed 11/02/2020 4:27 AM
Assistant County Administrator Christine Hurley Completed
11/02/2020 7:36 AM
Purchasing Completed 11/02/2020 8:11 AM
Budget and Finance Completed 11/02/2020 8:16 AM
Maria Slavik Completed 11/02/2020 1:30 PM
Liz Yongue Completed 11/02/2020 2:03 PM
Board of County Commissioners Pending 11/17/2020 9:00 AM
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G.3.a
MONROE COUNTY
REQUEST FOR PROPOSALS
FOR
Post-Hurricane Irma Shoreline and Nearshore
Marine Debris Removal in the Florida Keys
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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 Murphy, District 5
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DEADLINE FOR PROPOSALS: January 5, 2021 3:00 P.M.
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Tuesday,January 5,2021,at 3:00 P.M.,the Monroe County
Purchasing Office will receive and open sealed responses for the following:
Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keys
Monroe County,Florida
Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
wwwAoridapublicnotices.com,a searchable Statewide repository for all published legal notices. Requirements U-
for submission and the selection criteria may be requested from DemandStar at www.demandstar.com OR
www.monroecountybi(is.com. ?:
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In response to Covid-19,the Monroe County Purchasing Department has implemented a new electronic e
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. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically
delivered bids/proposals/responses WILL NOT be accepted. p
The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-
BIDS
La monroecounty-fl.gov,no later than 3:00 P.M.,on January 5,2021. Please submit your confidential 0
financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line
on both emails must read as follows: M
E
Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keys 01/05/2021
Ch
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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. Please plan accordingly to ensure that your bid is not rejected `-
due to the file size. Should your bid documents exceed 25MB or otherwise be rejected or undeliverable to U_
OMB-BIDSk,,monroecounty-fl.=, in advance of the bid opening please email: omb-
burchasin ,monroecounty-fl.gov,so accommodations for delivery of your bid can be made prior to the
bid opening. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid and
waiting until the bid opening to address or confirm your bid submission delivery will result in your bid >
being rejected.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on
January 5,2021. You may call in by phone or internet using the following:
Join Zoom Meeting
https://mcbocc.zoom.us/i/450932 156
Meeting ID: 4509326156
One tap mobile:
+16465189805554509326156#US (New York) U
+16699006833994509326156#US (San Jose) U)
Dial by your location: CL
+1 646 518 9805 US(New York) U-
+1 669 900 6833 US(San Jose)
Publication dates:
Key West Citizen: Sat.,11/21/2020 U-
Keys Weekly: Thur.,11/19/2020 r_
News Barometer: Fri.,11/20/2020 E
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NOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, January 8, 2021
beginning at 1:30 P.M., a PUBLIC MEETING will be held via Communication Media
Technology (CMT) using a Zoom Webinar platform. The meeting will be held of the
SELECTION COMMITTEE
for the project of
PROPOSALS FOR
Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal CD
in the Florida Keys
The selection committee will evaluate the proposal received in response to the Request for
Competitive Solicitations issued for the above-named project. The evaluation and recommendation
of the selection committee are to be submitted to the Board of County Commissioners. Persons c
interested in this issue are invited to attend. For more information, please contact Celia Hitchins,
Senior Administrator, Marine Resources Office, by telephoning 305-289-2505, or via email to:
itchins-Celia(@monroecounty-fl.gov.
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Please visit the Monroe County Website at www.monroecounty-fl.gov for meeting agenda
updates and information regarding the various options available to the public to view
the live meeting and/or to make public comments on certain agenda items. LL
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations
in order to participate in this proceeding, please contact the County Administrator's Office, by >
phoning (305) 292-4441, between the hours of 8:30 A.M.---5:00 P.M., no later than five (5)
calendar days prior to the scheduled meeting, if you are hearing or voice-impaired, call "711".
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board of County Commissioners with respect to any matter considered at such
meetings or hearings, that person will need a record of the proceedings, and that, for such purpose, �--
that person may need to ensure that a verbatim record is made of the proceedings, which record
includes the testimony and evidence upon which the appeal is to be based. 0
DISPLAY AD - PLEASE PUBLISH ONE (1) TIME ONLY:
Key West Citizen (867) Publish Wednesday, December 23, 2020
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G.3.a
Request for Proposal for
Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal
in the Florida Keys
1. Introduction:
The Monroe County Board of County Commissioners ("MCBOCC", "Monroe
County", or the "County") is requesting sealed proposals for a responsible, and
responsive, and qualified proposer to provide Post-Irma Marine Debris
Removal Services ("services") to shorelines and nearshore waters affected by
Hurricane Irma in the Florida Keys.
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Services will include, but not be limited to: a) conducting preliminary
assessments of existing debris within the focus area of the project (Sugarloaf to
Marathon) to determine priority locations for targeted removal activities, b)
providing and overseeing several crews of local commercial fishermen to perform
retrieval, collection and transportation of marine debris from authorized debris
sites to Temporary Disposal Sites, and c) transportation of the collected debris
from the Temporary Disposal Site(s) to certified disposal facilities for final
disposal. The project will target mangrove shorelines (up to the mean high water
line) and associated nearshore waters up to 1-2 feet in water depth adjacent to
publicly-owned shorelines. Further details are in the Scope of Work in
Attachment 5 of this RFP.
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Monroe County anticipates for the work to begin immediately on contract 0.
execution, tentative scheduled for February 17, 2021 . The work must be
completed as quickly as possible, but no later than June 30, 2021. y
The Florida Fish and Wildlife Conservation Commission (FWC) is providing $1.3
million in funds for this project granted to FWC by NOAA Fisheries following
Hurricane Irma for fisheries restoration and recovery. FWC selected Monroe
County as a sub-recipient to perform the project which will be subcontracted to a
vendor under this RFP. The County requires the awarded contractor(s) to
provide these services in full compliance with state and federal regulations and <
requirements to be reimbursed for these expenses. At this time, $1,135,127 of
the funding has been identified for the services under this contract. The 0
additional $164,873 of the funding available will be necessary to cover the
anticipated disposal costs which will be directly billed to Monroe County from the
final disposal facility(s).
This project will require that the Contractor utilize local commercial fishermen to _
perform the work. The County must approve all of Contractor's subcontractors
prior to their providing service. Contractor will not use a subcontractor or material
supplier to whom the County reasonably objects. Contractor will supply the
County 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.
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Monroe County declares that all or portions of the documents and work papers
and other forms of deliverables pursuant to this request shall be subject to reuse
by the County. Information provided by any proposer in response to this RFP will
be subject to public disclosure pursuant to the laws of the State of Florida.
Interested firms or individuals will be evaluated and selected for recommendation
to the Board of County Commissioners by a selection committee. The selection
and recommendation will be presented to the Board of County Commissioners
for final decision. This is tentatively scheduled for January 20, 2021 . Submission
of any documents relating to this RFP does not guarantee the providing proposer
will receive a contract or selection (including but not limited to in the form of a
high or particular ranking).
A selection committee meeting via Zoom has been will be held via
Communication Media Technology (CMT) using a Zoom Webinar platform on
Friday, January 8, 2021 beginning at 1:30 P.M. Please visit the Monroe County
Website at www.monroecounty-fl.gov for meeting agenda updates and
information regarding the various options available to the public to view the live
meeting and/or to make public comments on certain agenda items.
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Further details/requirements are outlined in the sections below.
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2. Addenda /Updates: CL
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Any and all addenda will be added to the RFP posting on the MCBOCC web site0.
at: www.monroecountybids.com no later than December 23, 2020 at 3.00 P.M.
Interested vendors are encouraged to compare the updates they receive via
email to those posted on our RFP web page at: www.monroecountybi s.com
to ensure they have not missed any updates. Proposers will be presumed to
have reviewed any addenda.
However, the County shall not be obligated to answer any or all questions
submitted, doing so being a courtesy and effort to make more effective this RFP,
and only to the extent time and staffing permit.
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3. Backaround:
A. General Description:
1. The project will generally consist of the Contractor conducting preliminary
assessments of existing debris within the focus area of the project to
determine priority locations for targeted removal activities. The Contractor
will then provide and oversee several `crews' of local commercial fishermen
to perform the retrieval, collection and transportation of marine debris from
authorized debris sites to Temporary Disposal Sites. No diving is anticipated
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to be necessary. The project will not include debris removal in canals. Crew
activities will be reported through utilization of Daily Work Certification Forms
which will provide the central record keeping for cleanup activities. The
Contractor will then provide transportation of the collected debris from the
Temporary Disposal Site(s) to certified disposal facilities for final disposal.
B. Objective of the Reauest for Proposals:
1. The primary objective of this project is the removal of the remaining
shoreline and nearshore marine debris associated with Hurricane Irma
within the Florida Keys. The goal is to provide for the cleanup of 100% of
identified debris. The primary focus will be on the retrieval of commercial
trap gear, particularly entangled trap rope which is anticipated to be the
dominant remaining debris from Hurricane Irma. The secondary focus will be
the removal of all other man-made debris identified by the project. The
project will target mangrove shorelines (up to the mean high water line) and
associated nearshore waters up to 1-2 feet in water depth adjacent to
publicly owned shorelines.
2- The service shall be managed by MCBOCC staff, primarily by the Senior
Administrator of the Monroe County Marine Resources Office, housed within
the Monroe County Planning & Environmental Resources Department.
4. Instructions for Proposal
a. Compliance with the RFP
0.
Proposals must be in strict compliance with this Request for Proposals.
Failure to comply with all provisions of the RFP may result in disqualification.
b. Required Forms
Proposers must complete and submit all specified and required attachments
and forms specified below, including but not limited to: Attachment A
(Certification Regarding Debarment or Suspension), Attachment B (Condition
of Submitting Proposal), Attachment C (Lobbying and Conflict of Interest
Clause), Attachment D (Non-Collusion Form), Attachment E (Drug-Free
Workplace Form), Attachment F (Public Entity Crime Statement), and the
required Insurance and Indemnification Statement, with the Proposal.
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C. Acknowledgment of Insurance Requirements
By submitting a proposal, Proposer/Vendor acknowledges that it has read and
understands the insurance requirements for the proposal. Vendor also
understands that the evidence of required insurance must be submitted within
fifteen (15) working days following notification of its offer being accepted;
otherwise, MCBOCC may rescind its acceptance of the Vendor's proposal.
d. Delivery of Proposals
All proposals must be delivered by 3:00 PM EST on January 5, 2021 ("Bid
Opening").
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MCBOCC WILL NOT accept any proposals received after the date and time
shown above, or delivered to a location other than the one listed above.
Late or incorrectly delivered proposals will be returned at Proposer's
expense or destroyed after thirty (30) days, at the MCBOCC's election.
e. Governing Laws and Regulations
The Proposer/Respondent is required to be familiar and shall be responsible U
for complying with all federal, state, and local laws, ordinances, rules, and
regulations that in any manner affect the work, RFP, and/or the scope of
services by it. Knowledge of such laws, including but not limited to
occupational license requirements and obtaining such licenses, are the >
responsibility of the Respondent.
The Following are Special Rules for Submission of Proposals in
Response to This RFP During the COVID-19 Pandemic:
i. An electronic copy of the Proposal must be attached to an e-mail and sent
by the deadline stated above to the following e-mail address: OMB-
I SP_monroecoun c
ii. If any confidential financials are submitted, submit them in a separate
email from the rest of the proposal.
iii. Please DO NOT mail or attempt to mail or deliver in person any hard copy
sealed bids or proposals. Mailed/delivered bids/proposals/responses will0.
not be considered.
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iv. The subject line on all a-mails must read as follows: RFP — Sealed
Proposal for Post-Irma Marine Debris Removal Services. Any emails y
that do not contain this wording in the subject line will be rejected.
v. The maximum file size that will be accepted by e-mail is 25 MB. Should
your proposal documents exceed 25 MB, please e-mail, OMB-
PURCHASINGn-monroecounty-fl.gov for instructions.
vi. Proposals will be opened publicly in a manner to avoid public disclosure
of contents; only names of the Proposers will be read aloud.
vii. MCBOCC's representative authorized to open the responses will decide
when the specified time has arrived and no responses received thereafter 0
will be considered. No responsibility will be attached to anyone for the
premature opening of a response not properly addressed and identified.
viii. Unless by specific invitation, evaluation committee members, MCBOCC
elected officials and County staff (except the Purchasing Staff Contact
and the person listed to respond to questions in this RFP) are not to be
contacted prior to the MCBOCC's decision to approve or reject the
recommendation presented to it by the evaluation committee. Failure to 0)
comply with this requirement may be grounds for
disqualification. Specifically, this NO-CONTACT PERIOD shall
commence on the initial date of posting of the Request for Proposals and
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continue through and include the date the MCBOCC's makes its
determination to approve or reject the final recommendations.
ix. Proposers and any members of the public may call in via phone or
internet to attend the bid opening. Information regarding the Zoom room
that will be used for the bid opening is contained in the Notice, at the front
of this RFP.
x. A subsequent addendum will be published on DemandStar, and will cover
information regarding the Selection Committee Meeting and how to attend
that meeting virtually.
f. Inquiries: >
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i. All questions concerning this RFP must be submitted by no later than
3.00 PM EST on December 20, 2020. Direct all questions via email to-
Hitch onroeCounty-FL.gov. Include the RFP number,
page, and paragraph number for each question.
ii. The only official answer to questions submitted will be provided in
writing by the County and posted as an Addendum to this RFP. No
oral interpretations will be made to any Respondent as to the meaning
of the RFP documents. Any inquiry or request received ten (10) or
more days prior to the date fixed for opening of proposals may be
given consideration. Each Respondent shall in writing acknowledge
receipt of such addenda or addendum. In the event any Respondent
fails to so acknowledge receipt, his or her response will nonetheless
be construed as though it had been received and acknowledged and
the submission of his or her response will constitute acknowledgment
and receipt of the same. All addenda are a part of the contract
documents and each Respondent will be bound by such addenda,
whether or not received by him or her. It is the responsibility of each
Respondent to verify that he or she has received all addenda issued
before the responses are opened. Respondents may not request nor
rely upon any verbal representations concerning this RFP's
specifications.
g. Source Selection and Agreement Award
i. Award(s), if made, will be made to the Responsive and Responsible )
Vendor(s) whose proposal is most advantageous to MCBOCC, taking
into consideration price and the other evaluation criteria set forth in
this RFP (see section 14). MCBOCC will not use any other factors or
criteria, other than those listed in section 14, in the evaluation of
proposals received.
ii. MCBOCC reserves the right to negotiate price and Agreement terms
and conditions with the most qualified firm(s) to provide the requested
service. If a mutually beneficial agreement with the highest ranked firm
and/or firms is not reached, MCBOCC reserves the right to enter into
Agreement negotiations with the next highest ranked firm(s) and
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continue this process until an agreement is reached.
iii. An award of Agreement does not guarantee any volume or dollar
amount of purchase.
iv. MCBOCC reserves the right to extend the terms, conditions, and
prices of Agreement(s) awarded from this RFP to other Institutions
(such as State, Local and/or public entities) who express an interest in
participating in any Agreement that results from this RFP. Each of the
piggyback institutions will issue their own purchasing documents for
purchasing of the goods/ services; Proposer agrees that MCBOCC
shall bear no responsibility or liability for any agreements between
Proposer and the other Institution(s) who desire to exercise this option.
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h. Projected Timetable
The following projected timetable should be used as a working guide for planning
purposes. MCBOCC reserves the right to adjust this timetable as required during
the course of the RFP process.
Event Date
RFP Issued November 18, 2020
Deadline for submittal of questions December 20, 2020 by 3.00 PM
Deadline for issuance of Addenda December 23, 2020 by 3.00 PM
Proposals Due January 5, 2021 by 3.00 PM
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5. The Proposer Must Aaree: 0.
1. That in no case may the Service be offered except by persons and y
firms authorized (by Monroe County and otherwise) and duly licensed
as required by federal, state and/or local laws or regulations. The
Proposer(s) must provide evidence of a license to do business in the
State of Florida, and all other licenses and certifications as may be
necessary to provide the Service solicited.
2. To provide this Service at a cost most advantageous to the MCBOCC.
3. To review and advise the MCBOCC's Staff on all aspects of the U
MCBOCC's Service, and to obtain, gather, and provide the MCBOCC
Staff any data or information the Staff deem required or necessary for
the effective, continued provision of the Service.
4. To provide any information that is necessary for the effective,
continued provision of the Service, including administrative advice and
assistance.
5. To perform any and all functions necessary to ensure financial control
and accuracy of the authorized Service being provided. If the
MCBOCC determines that the Service has been provided to an
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individual or individuals or vessel(s) ineligible for the Service, the
selected Proposer(s) must reimburse the MCBOCC for claims and/or
invoices paid in error by MCBOCC to the selected Proposer(s).
6. To maintain records exemptions and confidential exemptions
under federal and Florida law in accordance with such law. While
in the possession of the selected Respondent(s), these records
remain the property of the MCBOCC and must be returned upon
completion or termination of the Agreement with the MCBOCC or
upon request by the MCBOCC. While in use by the selected
Respondent, the exempt and/or confidential and exempt status of
these records must be maintained and observed in accordance
with all applicable laws and regulations and applicable MCBOCC
and its policies. This exempt and/or confidential and exempt
information must not be used by the selected Proposer for other
than the purposes specified in any Agreements between the
MCBOCC and the selected Respondent. Any data provided by the
MCBOCC to the selected Proposer may not be sold, marketed,
furnished or otherwise made available to any person or entity for
any purpose, except as authorized under applicable federal and
Florida law, including but not limited to the Florida Public Records
Act.
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7. All records are the property of the MCBOCC and must be returned to
the MCBOCC upon the completion or termination of the Agreement
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with the MCBOCC.
8. To promptly rectify errors and resolve disputes in a manner satisfactory to
the MCBOCC. >
9. To work cooperatively and in good faith with the MCBOCC to assure
that all Service is rendered in a prompt, accurate, and authorized
manner.
10.To meet with MCBOCC representatives whenever necessary to
promptly resolve any problems which occur related to the 0
administration of the Agreement.
11.To complete the Proposer's Disclosure Forms or Affidavits as may be
required by the MCBOCC as set forth in this RFP.
12.To use standardized data file formats and data transmission
methods as may be required for the administration of the Service,
subject to the MCBOCC's approval.
13.To undertake all other necessary tasks to properly administer the
Service, including but not limited to, eligibility for Service in accordance
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with MCBOCC Staff authorization; sending communication materials on
an as needed basis; responding to telephone and written or
electronically submitted inquiries.
14.To participate in public meetings on an as needed basis.
15.To participate in meetings with Staff on an as needed basis.
16.To provide required notifications to boaters in a timely manner in
accordance with Staff directives.
17.To provide the public and the MCBOCC with prompt, accurate and
courteous service. The Proposer must agree to comply with
authorization and eligibility information provided by the MCBOCC. Timely
service specifically includes, but is not limited to, prompt service if
required by the MCBOCC and immediate compliance with Staff
authorization or eligibility directives.
18.To maintain records, including types of records and forms of records, as
directed by MCBOCC staff.
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19.To ensure that any and all of its employees, independent
contractors, and/or agents are appropriately licensed, certified,
insured and of high quality and meet all other requirements
specified by the Proposer(s).
20.To negotiate terms and conditions of the initial Agreement with the y
MCBOCC on a timely basis.
21.To provide that the MCBOCC may renegotiate the Agreement for
additional term(s) beyond the original term agreed to by the MCBOCC
and the selected Proposer(s) based on available funding for the service
and at the MCBOCC's discretion.
22.To undertake all other necessary tasks to properly administer the
Service as required by the MCBOCC. 0
23.To agree that any Agreement may be terminated at any time without
cause by the MCBOCC or for cause as set forth in the Agreement with
the MCBOCC.
24.To provide emergency contact information for its field and management
personnel. Such key field personnel and managers must include both
operational and management staff who are of sufficient authority within
the organization as to be capable of and in a position to resolve
emergency situations.
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25.To retain all records directly or indirectly, related to its performance of
Services during the term of any Agreements and for a period of seven
(7) years after termination or expiration of any Agreement. The
MCBOCC have the right to review, abstract, audit and copy all records
and account of the selected Proposer directly or indirectly related to
any Agreements.
26.To assent to the terms, obligations, and conditions provided for in the
attached Draft Contract (Attachment G., which is hereby incorporated
as if fully stated herein). MCBOCC reserves the right to, at its election
and in its discretion, revise the provisions of the attached Draft
Contract at the stage of contract negotiation.
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27. In the event of litigation or adversarial administrative proceedings
against MCBOCC in connection with, in relation to, or arising out of the
Service, upon request of the MCBOCC, to advise the MCBOCC
regarding the litigation and to consider assisting the MCBOCC in such
lawsuits.
6. Evaluation of Proposals (Process)
i. MCBOCC will first examine proposals to reject those that are clearly non-
responsive to the stated requirements. Proposers who are determined
to be non-responsive will be notified of this determination.
a. Proposals found to be non-responsive shall not be considered.
Proposals may be rejected if found to be in non-conformance 0.
with the requirements and instructions contained herein. A
Proposal may be found to be non-responsive by reasons, y
including, but not limited to, failure to utilize or complete
prescribed forms, conditional Proposals, incomplete Proposals,
indefinite or ambiguous Proposals, failure to meet deadlines, and
improper and/or undated signatures.
b. Other conditions which may cause rejection of Proposals include,
but are not limited to, evidence of collusion among Proposers,
obvious lack of experience or expertise to perform the required
work, submission of more than one Proposal for the same work 0
from an individual, firm, joint venture, or corporation under the
same or a different name, failure to perform or meet financial or
accounting obligations on previous contracts.
C. Proposals will also be rejected if not delivered or received on or
before the date and time specified as the due date for
submission.
d. The County will not give consideration to tentative or qualified E
commitments in the proposals. For example, the County will not
give consideration to phrases as "we may" or "we are
considering" in the evaluation process for the reason that they do
12
Packet Pg. 1310
G.3.a
not indicate a firm commitment.
ii. A Selection Committee appointed by the MCBOCC Marine Resources _
Office Senior Administrator will evaluate the proposals. The Committee
will score all responsive and responsible proposals based upon the
criteria detailed herein. Upon completion of the initial scoring, the
Committee may either recommend award(s) in order of preference, or
enter into an in order of preference short-listing process with those
Proposers/Respondents whose proposals are determined to be a
competitive vendor.
iii. The evaluation process that follows the initial scoring may include, but not
be limited to, a series of requests to Vendors for clarifications,
presentations, agreement negotiations, and/or detailed reference
checks. This process may involve multiple short listing rounds for the
purpose of achieving Agreements that are in the best interests of
MCBOCC as determined by the Committee. Evaluation scores may be
adjusted upward or downward during this step. Subsequent scorings will
be based on comparison of only the short listed proposers.
iv. The MCBOCC Director of Purchasing reserves the right to withdraw this
RFP at any time for any reason and to issue such clarifications
modifications, and/or amendments as he/she may deem appropriate.
v. Receipt of a proposal by the MCBOCC Purchasing Department, or a
submission of a proposal to the MCBOCC Purchasing Department,
offers no rights upon the Vendor nor obligates MCBOCC in any manner.
0.
vi. The Director of Purchasing reserves the right to waive minor informalities
or irregularities in proposals, provided that such action is in the best 0)
interest of MCBOCC. Any such waiver shall not modify any remaining
RFP requirements or excuse the Vendor from full compliance with the >
RFP specifications and other Agreement requirements if the Vendor is
awarded the Agreement.
0
7. Ambiguity, Conflict, or Other Errors in the RFP
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or <
other error in the RFP, the proposer shall immediately notify the MCBOCC
Purchasing Staff Contact for this RFP of such error in writing. Any resultant 0
modification(s) to the RFP will be made by written and published amendment
to the RFP. Failure of the proposer to notify MCBOCC of any ambiguities,
conflicts, discrepancies, omissions, or other errors in the RFP, prior to
submitting the proposal, shall be a waiver of the same and render them not
subject to later protest by the proposer.
8. Proposals and Presentation Costs
MCBOCC will not be liable in any way for any costs incurred by any Vendor in
the preparation of its proposal in response to this RFP, nor for the
presentation of its proposal and/or participation in any discussions or
13
Packet Pg. 1311
G.3.a
negotiations.
The County may conduct such investigations as it deems necessary to assist
in the evaluation of any Response and to establish the responsibility,
qualifications, and financial ability of the Proposers, and/or other persons or
entities to do the work contemplated herein.
9. Acceptance and Rejection of Proposals
MCBOCC is under no obligation to accept any Proposal and reserves the
right to accept or reject, in whole or in part, any or all proposals submitted.
In the event the Selection Committee ranks the proposals in order of
preference, makes a recommendation to the County Commission to negotiate E
one or more contract(s) with the selected Respondent(s), the County
Commission so directs, and a mutually satisfactory agreement cannot be
reached between staff and the first recommended Respondent(s), staff may
negotiate with the next preferred Respondent(s) and so forth. If/when staff
has agreed with the Respondent(s) upon a mutually satisfactory contract(s),
the contract(s) will be brought before the County Commission for final
decision. No binding contract is created between any Respondent and
Monroe County unless and until a contract is duly approved by the County E
Commission.
0
CL
10. Validity of Proposals
CL
All proposals must be valid for a period of one hundred twenty (120) days
from the proposal due date.
11.Protests
(Monroe County Purchasing Policy): Any Proposer who claims to be adversely
0
affected by the decision or intended decision to award an Agreement shall >
submit in writing a notice of protest which must be received by the County
Attorney's Office within seventy-two (72) hours or three (3) business days,
whichever is less, after the posting of the notice of decision or intended decision
on DemandStar or posting of the notice of decision or intended decision on the
Monroe County Board of County Commissioners' ("BOCC") agenda, whichever )
occurs first. Additionally a formal written protest must be submitted in writing
and must be received by the County Attorney's Office seventy-two (72) hours or
three (3) business days prior to the BOCC's meeting date in which the award of
contract by the BOCC will be heard. The only opportunity to address protest
claims is before the BOCC at the designated public meeting in which the
agenda item awarding the contract is heard. In accordance with the Rules of
Debate as set forth in the BOCC Administrative Procedures, the Proposer that E
filed the protest is responsible for providing the Clerk with his/her/its name and
residence prior to the agenda item to award the Agreement being called in order
to preserve his/her/its opportunity to be heard on this matter. An individual has
three (3) minutes to address the Commission and a person representing an
14
Packet Pg. 1312
G.3.a
organization has five (5) minutes to address the Commission. The BOCC
decision to award the Agreement is final and at its sole discretion. Failure to
timely protest within the times prescribed herein shall constitute a waiver of the
ability to protest the award of Agreement, unless it is determined that it is in the
best interest of the County to excuse the protest waiver. The filing of a protest
shall not stop the solicitation, negotiations, or contract award process, unless it
is determined that it is in the best interest of the County to do so.
12. Proposal Submission Requirements and Disqualification of
Respondents
a. MCBOCC reserves the right to reject any or all proposals, to waive
informalities in the proposals and to re-advertise for proposals.
MCBOCC also reserves the right to separately accept or reject any item
or items of a proposal and to award and/or negotiate a contract in the
best interest of Monroe County.
b. MCBOCC reserves the right to and may waive minor informalities or
irregularities in proposals where such is merely a matter of form and not
substance, and the correction or waiver of which is not prejudicial to
other Proposers. Minor irregularities are defined as those that will not
have an adverse effect on the County's interest and will not affect the
price of the proposals by giving a proposer an advantage or benefit not
enjoyed by other proposers.
0
c. MCBOCC reserves the right to reject any and all responses and to 0.
waive technical errors and irregularities as may be deemed best for the
interests of the County. Responses which contain modifications, are y
incomplete, unbalanced, conditional, obscure, or which contain
additions not requested or irregularities of any kind, or which do not
comply in every respect with the Instruction to Proposer(s), and the
contract documents, may be rejected at the option of the County.
d. Failure to complete all attachments, including but not limited to the
immediately below-specified forms, in every detail and submit them with
your Response may result in immediate disqualification of your
Response. U
i. Non-Collusion Affidavit. Any person submitting a proposal in
response to this invitation must execute the enclosed Non-
Collusion Affidavit. If it is discovered that collusion exists
among the Respondents, the proposals of all participants in
such collusion shall be rejected, and no participants in such
collusion will be considered in future bids for the same work.
ii. Sworn Statement Under Ordinance 010-1990 Monroe County,
Florida
iii. Drug-Free Workplace Form. Any person submitting a proposal
in response to this invitation must execute the enclosed Drug-
15
Packet Pg. 1313
G.3.a
Free Workplace Form and submit it with his/her proposal.
Failure to complete this form in every detail and submit it with
the proposal may result in immediate disqualification of the
proposal.
iv. Public Entity Crime Statement. Any person submitting a
proposal in response to this invitation must execute the
enclosed Public Entity Crime Statement. A person or affiliate
who has been placed on the convicted vendor list following a
conviction for a public entity crime may not, inter alia, submit a
proposal on a contract to provide any goods or services to a
public entity.
V. Lobbying and Conflict of Interest Clause. Any person
submitting a proposal in response to this invitation must
execute the enclosed Lobbying and Conflict of Interest Clause
and submit it with his/her proposal. Failure to complete this
form in every detail and submit it with the proposal may result
in immediate disqualification of the proposal.
e. The County does not assume any responsibility for errors or
misinterpretations resulting from the Respondent's use of incomplete
sets of RFP documents.
E
if. Signature of the Respondent: The Respondent must sign the response
forms in the spaces provided for the signature. If the Respondent is a0.
business organization (e.g., corporation, etc.), the title of the managing
0.
member and/or officer signing the Proposal on behalf of the entity must
U-
be clearly printed beneath such signature.
g. The Proposer/Respondent is required to be familiar and shall be >
responsible for complying with all federal, state, and local laws,
ordinances, rules, and regulations that in any manner affect the work,
0
RFP, and/or the scope of services by it. Knowledge of such laws,
including but not limited to occupational license requirements and
obtaining such licenses, are the responsibility of the Respondent.
13. Examination of RFP Documents
U
a. Each Respondent shall carefully examine the RFP and other contract
documents, and inform himself/herself 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
Agreement. Ignorance on the part of the Respondent will in no way
relieve him/her of the obligations and responsibilities assumed under
the Agreement. E
14. Evaluation Criteria
a. Response Format:
16
Packet Pg. 1314
G.3.a
i. The Proposal is to include a Table of Contents and sections for
each Tab listed below and should be organized in the order
shown. Each section should be clearly labeled, with pages
numbered. Failure of a proposer to include all listed items may
result in the rejection of the Proposal.
ii. The proposal package submitted in response to this Request
for Proposals (RFP) shall be typed on 8-1/2" x 11" white paper
and bound; shall be clear and concise and provide the
information requested herein. Statements submitted without
the required information will not be considered. Proposals shall
be organized and sections tabbed. 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 adequate
documentation to certify the Respondent's compliance with the
County's requirements. Respondent should focus specifically
on the information requested. Additional information, unless
specifically relevant, may distract rather than add to the
Respondent's overall evaluation.
iii. The response, at a minimum, shall include the following-
0
A. Cover Page
0
A cover page that reads "Proposal for Post-Irma Marine Debris 0.
Removal Services". The cover page should contain
Respondent's name, address, telephone number, and the name y
of the Respondent's principal/primary contact person.
B. Tabbed Sections
Tab 1. Cover Letter and Executive Summary
I. 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 corporate headquarters and the local office, number of years )
in business, names of principals and number of employees.
II. 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 Corporate Charter Registration, if applicable.
III. Identify the primary person responsible for this proposal. Provide an executive E
summary which briefly states the Proposer's understanding of the work to be done
and make a positive commitment to perform and complete the services. Indicate
the type of work being proposed. The letter must be signed by an individual
17
Packet Pg. 1315
G.3.a
authorized to bind the firm. Failure to meet this requirement may result in
disqualification.
Tab 2. Relevant Qualifications, Experience, and Service Description.
I. Record of performance and professional accomplishments including: a description
of similar work completed by the Respondent, any current contracts for similar work,
any outstanding accomplishments of the Contractor, and any outstanding
accomplishments of the Contractor that relate directly to this type of work. 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 of Work. Describe the firm's methodology for marine debris recovery and
disposal operations given the extensive amount of field work that will be required,
as well as the firm's experience working with FWC and other local, Federal or State
agencies. The response should consider the following professional service needs.
a. Ability to begin work immediately on contract execution, tentative scheduled
for February 17, 2021, and ability to end work no later than June 30, 2021.
b. Ability and experience in operating 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 must have experienced and
qualified personnel necessary to self-perform, or to sub-contract a portion of the
work with experienced and qualified subcontractors to assist with those services
as necessary.
c. Ability and experience in performing debris assessments similar to the
attached Scope of Work requirements.
d. Utilization of local commercial fishermen to perform the work.
e. Ability and experience in identification, removal, transportation, and
disposal of marine related debris. >
f. Ability and experience in performing assessment, containment, cleanup,
removal, transport, storage, testing, treatment and/or disposal of any
hazardous materials. >
g. Ability to provide for debris transport and final debris disposal at certified final
disposal site/s. The disposal sites shall be approved by the County in advance.
h. Ability to provide all reporting as specified in the Scope of Work.
i. Ability to provide project accounting services to include developing a project
flow process, file and reimbursement request management, and payment )
tracking.
j. Ability to review all sub-contractor documentation for consistency,
compliance, and completeness and require corrections as appropriate before
submitting for payment.
k. Ability to coordinate with Monroe County to ensure that for all work
categories, all necessary documentation and supporting data meet each
agency's and FWC's requirements for reimbursement eligibility. E
IV. Technical, educational, and training experience of the Respondent and/or assigned
staff, if the Respondent and/or any of the assigned staff are located in Monroe County,
18
Packet Pg. 1316
G.3.a
if they have familiarity with similar programs and/or the waters of the Florida Keys, and
if they have any related experience.
V. A detailed list and description of proposed equipment that are to be used in the
performance of the service including but not limited to vessels, vessel trailers, trucks,
and roll-off containers. Clearly specify if the equipment is owned directly by the
Contractor or will be leased or provided by subcontractors.
VI. A list of sub-contractors that may be used, in what capacity/function they will be used
or are anticipated to be used, their location, and their materially relevant experience as
related to the project and familiarity with the waters of the Florida Keys.
VI I. Provide a preliminary budget. Compensation for the service shall not exceed the
anticipated program budget of $1,135,127 based on a $1,300,000 grant from FWC.
The proposed budget shall be based on the pricing/fee schedule outlined in the Scope
of Work in the Draft Contract in Attachment G. The Respondent shall agree to provide
the service within the specified budget.
VIII. Additional Information: Provide any additional pertinent information that would be
helpful in the consideration of your response.
M
Tab 3. Performance Record and References
Each Respondent shall provide a list of past projects, including details of any related CL
work in the Florida Keys within Monroe County. The list of past projects shall include a
brief summary of the projects and services provided. The list should be followed with a 0.
comparison of the past projects to the services sought by this RFP.
The Respondent shall also provide at least two (2) references for which the Respondent
has provided the same or similar services during the past five (5) years. It is preferred
that the references are from state or local governments, but private industry clients may
also be used as references. Each reference shall include, at a minimum.
Name and full address of reference organization
Name of Contact Person for contract
E-mail address(es) and Telephone number(s)
Date of initiation of contract with reference U
Brief summary comparing the referenced services to these proposed services
Tab 4. Staffing
a. The Respondent shall describe the composition and structure of the firm (sole
proprietorship, corporation, partnership, joint venture) and include names of persons
with an interest in the firm.
b. 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
19
Packet Pg. 1317
G.3.a
the experience and skills that this person has and would bring to the project, as it
relates to this project. 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.
c. The Respondent shall provide information on any subcontractors currently known that
may be proposed for use in performing the Scope of Work.
Tab 5. Financial Information and Litigation. Answers to the following questions are
required by Monroe County Code section 2-347:
a. A list of the Respondent's shareholders with five percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a list
of its members; or, if a solely owned proprietorship, names(s) of owner(s);.
b. A list of the officers and directors of the Respondent;
c. The number of years the Respondent has been operating and, if different, the number
of years it has been providing the services called for in the bid specifications (include
a list of similar projects);
d. The number of years the person or entity has operated under its present name and
any prior names;
E
e. Answers to the following must be provided:
(i) Has the Respondent ever failed to complete work for which it has contracted? If
so, provide details.
(ii) Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity >
previously owned, operated or directed by any of its officers, directors, or
general partners? If yes, provide details.
0
iii Has the Respondent or an entity previously owned operated or directed b an of
(���) p Y Y p Y � p Y Y
its officers, major shareholders or directors, within the last five years, been a
party to any lawsuit, arbitration, or mediation with regard to a contract for
services, goods or construction services similar to those requested in the
specifications with private or public entities? If yes, provide 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 directors,
ever initiated litigation against the county or been sued by the county in
connection with a contract to provide services, goods or construction services?
If yes, provide details.
(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 officer,
director, general partner, principal, controlling shareholder or major creditor of
20
Packet Pg. 1318
G.3.a
any other entity that failed to perform services or furnish goods similar to those
sought in the request for competitive solicitation.
(vi)Customer references (minimum of three), including name, current address and
current telephone number for projects in which the Respondent has successfully
performed similar services.
(vii) Credit references (minimum of three), including name, current address and
current telephone number.
(viii) Financial statements for the prior three years for the responding entity or for any
entity that is a subsidiary to the responding entity. Please provide in a separate
sealed envelope for the Respondent's confidentiality, and clearly label the
envelope "CONFIDENTIAL" one (1) original copy. ("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 State Constitution.")
Tab 6. County Forms and Licenses.
Respondent shall complete and execute the forms specified below, as well as copies of
all professional and occupational licenses: E
I. Certification Regarding Debarment or Suspension (Attachment A)
II. Condition of Submitting Proposal (Attachment B) 0.
III. Lobbying and Conflict of Interest Clause (Attachment C)
IV. Non-Collusion Affidavit (Attachment D)
V. Drug Free Workplace Form (Attachment E)
VI. Public Entity Crime Statement (Attachment F)
VI 1. Insurance and Indemnification Statement >
b. Evaluation Criteria (Factors)
0
Proposals will be scored and ranked by the Selection Committee based on
the criteria set forth below and an overall assessment of the "best value" to
MCBOCC. `W
0
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G.3.a
Tab Criteria
Max Points
1 Cover Letter and Executive Summary -5 to 0
2 Relevant Qualifications, Experience and Service Description 30
3 Performance record and References 15
4 Staffing 20
5 Litigation and Financial -5 to 0
6 County Forms included in Response -5 to 0
0
TOTAL MAXIMUM POINTS 65 M
E
Finalist Presentations (if applicable, see note below):
Note: MCBOCC may or may not elect to have a presentation. This decision will be
made by MCBOCC after review of the scores. If there is no clear winner, the highest 0.
proposers may be requested to present their proposals at a site to be determined
located in Key West, Marathon, or Key Largo, Florida or via a Zoom meeting. y
15. Award of Contract
0
a. Due to the nature of the project, the County reserves the right to
refine/complete the Contract based on proposal responses and the
direction of the Board of County Commissioners. The County, upon
selection of respondent/s and approval of the Board of County --
Commissioners, will negotiate with the Respondent to further develop
the Contract. U
b. The County reserves the right to award separate Contracts for various
areas of the Keys and to waive any informality in any response, or to re-
advertise for all or part of the work contemplated.
c. If the award of a contract is annulled, the County may award the
Contract to another Respondent or the work may be re-advertised or
may be performed by other qualified personnel as the County decides.
d. A Contract will be awarded to the Respondent deemed to provide the
services which are in the best interest of the County, considering cost,
22
Packet Pg. 1320
G.3.a
qualifications, funding acquisition, and other factors deemed relevant.
e. 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.
f. The recommendations of the County Administrator or his designee, will
be presented to the Board of County Commissioners of Monroe County,
Florida, for final awarding or otherwise.
g. The County shall consider preference to local businesses in making a
purchase or awarding a contract who meet the criteria for a local
business as defined by the Monroe County Code. Individuals or firms
which meet all such criteria in the Monroe County Code and are a
responsive and responsible respondent shall receive local preference
and shall be given two points in the scoring criteria. NO LOCAL
PREFERENCE IS CONSIDERED FOR THIS CONTRACT AS THE
CONTRACT MAY INCLUDE FEDERAL FUNDING.
h. The application of local preference may be waived upon written
recommendation by the County and approval by the Monroe County
Board of County Commissioners at the time of Award of E
Contract. Waiver of the application of the local preference is based
upon analysis of the marketplace and in consideration of the special or
unique quality of goods, services, or professional services sought to be
purchased by the County. 0.
0
0
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G.3.a
ATTACHMENT A
Certification Regarding Debarment or Suspension
In compliance with Agreements and grants agreements applicable under the U.S.
Federal Awards Program, the following certification is required by all Proposers
submitting a proposal in response to this Request for Proposal:
1. The Proposer certifies, to the best of its knowledge and belief, that neither the
Proposer nor its Principals are suspended, debarred, proposed for debarment, or
declared ineligible for the award of Agreements from the United States federal
government procurement or non-procurement programs, or are listed in the
Excluded Parties List System in the System for Award Management (SAM) issued
by the General Services Administration.
2. Principals, for the purposes of this certification, means officers, directors, owners,
partners, and persons having primary management or supervisory responsibilities
within a business entity (e.g., general manager, plant manager, head of a subsidiary,
division, or business segment, and similar positions).
M
3. The Proposer shall provide immediate written notice to the MCBOCC Director of E
Purchasing if, at any time prior to award, the Proposer learns that this certification was
erroneous when submitted or has become erroneous by reason of other
circumstances.
0.
4. This certification is a material representation of fact upon which reliance will be
placed when making the award. If it is later determined that the Proposer rendered an y
erroneous certification, in addition to other remedies available to MCBOCC's Director
of Purchasing may terminate the Agreement resulting from this solicitation for default.
0
Printed Name of Representative:
2
Signature/Date: /
0
Company Name: U
Address:
CL
City/State/Zip:
SSN or EIN No:
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G.3.a
ATTACHMENT B
Condition of Submitting Proposal
The undersigned Proposer has carefully examined all instructions, requirements, specifications,
terms, and conditions of the RFP and Agreement and certifies-
1. It is a reputable company regularly engaged in providing goods and/or services
necessary to meet the requirements, specifications, terms, and conditions of the RFP ca
and Agreement.
2. It has the necessary experience, knowledge, abilities, skills, and resources to
satisfactorily perform the requirements, specifications, terms, and conditions of the
RFP and the Agreement. Further, if awarded, Proposer agrees to perform the
requirements, specifications, terms, and conditions of the RFP and Agreement. E
3. All statements, information, and representations prepared and submitted in response
to the RFP are current, complete, true, and accurate. Proposer acknowledges that
Monroe County Board of County Commissioners' (MCBOCC) will rely on such
statements, information, and representations in selecting the successful proposer(s).
4. That the prices quoted shall be MCBOCC's pricing for the product and/or services for the
time stated in the RFP.
M
5. It shall be bound by all statements, representations, warranties, and guarantees made E
in its Proposal.
0
6. Proposer acknowledges that the Agreement may be canceled at any time, if any conflict0.
of interest or appearance of a conflict of interest is discovered by MCBOCC, in its sole
0.
discretion.
7. All purchase orders must be duly authorized and executed by MCBOCC and subject to y
the terms and condition of the RFP and Agreement.
❑ By checking this box, Proposer agrees that MCBOCC reserves the right to extend
the terms, conditions, and prices of this Agreement to other Institutions (such as
State, Local and/or Public MCBOCC) who express an interest in participating in
any Agreement that results from this RFP. Each of the piggyback institutions will
issue their own purchasing documents for the goods/ services. Proposer agrees
that MCBOCC shall bear no responsibility or liability for any agreements between
Proposer and the other Institution(s) who desire to exercise this option.
U
VENDOR LEGAL NAME:
AUTHORIZED SIGNATURE: DATE:
PRINT NAME: TITLE:
ADDRESS: CITY, STATE, ZIP:
PHONE: EMAIL:
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Packet Pg. 1323
G.3.a
ATTACHMENT C
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
15
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this E
provision the County may, in its discretion, terminate this Agreement without liability and may also, in
its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer or employee."
0
(Signature)
M
Date: E
STATE OF: c
CL
COUNTY OF: CL
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online y
notarization, on
0
(date) by (name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification.
0
U
NOTARY PUBLIC
My Commission Expires:
26
Packet Pg. 1324
G.3.a
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
I, of the city of according
to law on my oath, and under penalty of perjury, depose and say that:
I am of the firm of
the respondent making the Proposal for the
project described in the Notice for Calling for bids for:
and that I executed the said proposal with full authority to
do so-
0
The prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other respondent or with any competitor;
Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the respondent and will not knowingly be disclosed by the
respondent prior to bid opening, directly or indirectly, to any other respondent or to any
competitor; and
E
No attempt has been made or will be made b the respondent to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition; and
0.
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 Agreements for said project.
0
(Signature of Respondent) (Date)
STATE OF:
COUNTY OF-
0
U
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her
signature in the space provided above on this _ day of 20
NOTARY PUBLIC
My Commission Expires:
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G.3.a
ATTACHMENT E
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
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's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled0.
substance law of the United States or any state, for a violation occurring in the workplace no
0.
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.
0
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
U
STATE OF
(Signature of Respondent)
CL
COUNTY OF
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing)
affixed his/her signature in the space provided above on this
day of , 20_.
My commission expires: NOTARY PUBLIC
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G.3.a
ATTACHMENT F
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 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." >
0
I have read the above and state that neither (Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature) c
Date:
0
CL
STATE OF:
CL
COUNTY OF:
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
My Commission Expires:
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G.3.a
ATTACHMENT G
Draft Contract
CONTRACT
BETWEEN MONROE COUNTY, FLORIDA
and for
POST-IRMA MARINE DEBRIS REMOVAL SERVICES
THIS AGREEMENT is made and entered into this day of 2021, between the
Monroe County Board of County Commissioners and a -registered and
incorporated non-profit/for-profit corporation (hereinafter"Contractor').
WITNESSETH:
WHEREAS, The Florida Keys were hit by Category 4 Hurricane Irma on September 10,
2017, with the center of the hurricane passing over the Lower Keys. High winds, wave action and
storm surge caused significant impacts to the marine environment including the deposition of a
variety of marine debris throughout the Florida Keys. In the months and years following the storm, c
local, state and federal agencies have focused marine cleanup and recovery efforts specifically on
canal debris, sunken and derelict vessels and scattered destroyed/entangled lobster traps.
E
WHEREAS, Monroe County has (hereinafter"Board of County Commissioners", "BOCC",
"Board", "Monroe County", or the "County"), through a grant from the United States Department of c
Agriculture Natural Resources Conservation Service, removed significant volumes of debris from
numerous canal systems. The Florida Fish &Wildlife Conservation Commission ("FWC"), in 0.
coordination with U.S. Coast Guard and the Environmental Protection Agency, was/were responsible
for the removal of approximately 800 sunken and derelict vessels. Coordinated efforts between the y
FWC and the Florida Keys Commercial Fishermen's Association provided for the removal of lobster
traps entangled in approach channels and traps/trap debris along various shoreline areas. An
estimated 56,000 traps were recovered. Additionally, there have been several grassroot efforts (e.g.
Conch Republic Marine Army) who used volunteers, donations and public assistance to remove over
90 tons of marine debris along shorelines of the Florida Keys. >
WHEREAS, while these efforts were successful in the removal of debris in the highest impact
areas, scattered debris remains along various shorelines and in nearshore waters which were not �--
the primary focus of these projects. This scattered debris generally includes remaining trap
parts/lines (an estimated 94,000 traps remain from those initially lost) and mostly small to medium U
sized, miscellaneous land-based debris.
WHEREAS, State and Federal agencies have committed to addressing remaining debris
impacts along mangrove shorelines and in associated nearshore waters. Funding support for this
project in the amount of$1.3 million is part of a $44 million allocation granted to FWC by NOAA
Fisheries following Hurricane Irma for fisheries restoration and recovery. FWC selected Monroe
County as a sub-recipient to perform the project which is being subcontracted to this Contractor
selected through a competitive solicitation process in conformance with all State and Federal
guidelines.
WHEREAS, this project will require that the Contractor utilize local commercial fishermen to
30
Packet Pg. 1328
G.3.a
perform the work. Monroe County supports commercial fishermen in the Florida Keys, and
recognizes that commercial fishermen have extensive knowledge of Keys' waters, shorelines and
habitats, and are generally equipped with suitable vessels and gear to navigate and perform work in
shallow water areas and along mangrove shorelines.
WHEREAS, it has been determined that it is in the best interest of the residents of the
County that a contract for post-Irma marine debris removal services (hereinafter"Service" /"service")
be entered into with a private provider of such service(s); and
WHEREAS, the Contractor specified herein desires to provide such service(s); and
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the
parties have entered into this Agreement (hereinafter"Agreement" or"Contract") as follows:
0
Article 1.1.0 Representations and Warranties and Term of Contract
By executing this Contract, the CONTRACTOR makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits, or other authorizations
necessary to act as CONTRACTOR for the COUNTY until the CONTRACTOR'S duties
hereunder have been fully satisfied.
M
1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a E
manner that they will be accurate, coordinated, and adequate for use in verifying work (n
completed and associated costs and shall be in conformity and comply with all applicable c
law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as
part of this Contract will be adequate and sufficient to document costs in a manner that is CL
acceptable for reimbursement by government agencies, therefore eliminating any additional
cost due to missing or incorrect information. y
1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to
his performance and with regard to those directly under his employ or authority.
1.1.4 The CONTRACTOR' services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of Tasks expressly assigned by the
COUNTY. In providing all services pursuant to this Contract, the CONTRACTOR shall abide
by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of
such services, including those now in effect and hereafter adopted. Any violation of said
statutes, ordinances, rules or regulations shall constitute a material breach of this Contract
and shall entitle the COUNTY to terminate this contract immediately upon delivery of written U
notice of termination to the CONTRACTOR.
1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent CL
contractor and is not an employee of the COUNTY. No statement contained in this Contract
shall be construed so as to find the CONTRACTOR or any of his/her employees,
subcontractors, servants, or agents to be employees of the COUNTY. As an independent
CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and
comply with all federal, state, and local statutes, ordinances, rules and regulations applicable
to the services to be provided.
1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
31
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G.3.a
in its recruiting, hiring, promoting, terminating, or any other area affecting employment under
this Contract or with the provision of services or goods under this Contract.
1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by
both of the parties.
1.1.8 Term of Agreement. The term of the Agreement shall commence on and
end on unless terminated earlier under the terms of the Contract.
However, the Agreement is contingent upon funding to the County by the Florida Fish and
Wildlife Conservation Commission (FWC) and/or other sources. If the applicable FWC
funding agreement is cancelled or becomes insufficiently funded, this Agreement is also void,
unless the parties amend it in the same manner as it was originally approved.
Article 2.0 Scope of Work. The CONTRACTOR shall do, perform, and carry out in a professional >
and proper manner the Scope of Work described below. c
A detailed Scope of Work is attached as Exhibit "A." The CONTRACTOR shall be the provider of
post-Irma marine debris removal services for the County in the service area(s) specified in the
attached Scope of Work and shall also coordinate with the County and with the FWC on providing
and ensuring project compliance within the County.
2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without c
additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work
product of the CONTRACTOR.
Article 3.0 Amount of Compensation and Availability of Funds.
CL
2_
3.1 The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out
the objectives of the County as to providing post-Irma marine debris removal services, shall pay to
the CONTRACTOR up to the sum of DOLLARS ($ ) for the term of
this contract, based on a Daily Rate calculated at $ /day/crew multiplied by the Number of y
Crews for each day of work for a Total Daily Rate, as outlined on the Fee Schedule below.
Fee Schedule
Daily Rate Per Crew Number of Crews Total Daily Rate 2
$ /day/ crew x # of crews = $ /day
0
U
If funds from FWC or other sources cannot be obtained or cannot be continued at a level sufficient to
allow for continued reimbursement of expenditures for services specified herein, this Agreement mayCL
be terminated immediately at the option of the Board by written notice of termination delivered to the
CONTRACTOR. The Board shall not be obligated to pay for any services or goods provided by the
CONTRACTOR after the CONTRACTOR has received written notice of termination. Payment under
this Agreement is contingent upon an annual appropriation by the Monroe County Board of County
Commissioners.
3.2 Payment. The County shall pay the CONTRACTOR in current funds for the
CONTRACTOR's performance of authorized work. Payments (as described above) will be made
monthly by the County to the CONTRACTOR. The monthly payments are based on the monthly
32
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G.3.a
Total Daily Rate per day upon completion of cleanup activities per Authorized Debris Site under
Task #2 in the Scope of Work. per unit rate of$ /day/crew. Conditions for payment are
as follows:
At the end of each month, the CONTRACTOR shall provide an invoice acceptable to the
Monroe County Clerk of Court (hereinafter the "Clerk"), along with documentation of service(s)
as described in the attached incorporated Scope of Services. Monthly invoicing shall be based
on the Fee Schedule in Section 3.1 above.
Consulting, lobbying, travel and lodging are specifically excluded from payment. Payment shall
U-
be made only for services provided and there are no reimbursable items.
CONTRACTOR's final invoice must be received no later than June 30, 2021.
0
3.3 Local Government Prompt Payment Act. Payment will be made according to the Local
Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the
Monroe County Clerk of Court. The request must describe in detail the services performed, the
payment amount requested, and supporting documentation.
Annually, the CONTRACTOR must furnish to the County the following (prior to the payment of any
invoices, items (A) through (F) must be provided):
M
List of the CONTRACTOR's Board of Directors. For each board member please indicate
when elected to serve and the length of term of service; if the CONTRACTOR is a sole
proprietorship, provide name of owner(s) and duration of ownership;
If a corporate entity or similar business organization, evidence of annual election of officers
and directors; 0.
If a corporate entity, the entity's Articles of Incorporation and Bylaws;
The entity's Policies and Procedures Manual, which must include hiring policies for all staff, v
drug and alcohol free workplace provisions, and equal employment opportunity provisions;
Cooperation with County monitoring visits that the County may request during the contract
year; and
c
Other reasonable reports and information related to compliance with applicable laws,
contract provisions, and the scope of services that the County may request during the
contract year.
3.4 Budget. The CONTRACTOR may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this Contract in the
County's fiscal year (October 1 - September 30) by the COUNTY's Board of County Commissioners. U
The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County
Commissioners. The COUNTY's performance and obligation to pay under this Contract is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of the Board
members at the time of Contract initiation, and is furthermore contingent upon sufficient, continuous
funding to the County by the FWC and/or other sources.
Article 4.0 Renewal. The County shall have the option to renew this Agreement based on funding
availability and in the discretion of the Monroe County Board of County Commissioners.
Article 5.0 Contractor's License. The CONTRACTOR shall secure, maintain and pay for any
permits and licenses necessary to operate vessels and associated equipment and infrastructure. It is
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G.3.a
the CONTRACTOR's responsibility to maintain all permits and licenses that may be required.
By signature hereon, the CONTRACTOR warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in these
contract documents. Proof of such licenses and approvals shall be submitted to the County upon
request. The CONTRACTOR has, and shall maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and hereby represents that it
will at all times conduct its business activities in a reputable manner.
Article 6.1.0 Insurance
6.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance
at all times that this Contract is in effect. In the event the completion of authorized work is delayed or
suspended as a result of the CONTRACTOR's failure to purchase or maintain the required c
insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses
resulting from such delay.
6.1.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate
this Contract.
6.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Contract.
M
6.1.4 Delays in the commencement or completion of work, resulting from the failure of the
CONTRACTOR to provide satisfactory evidence of the insurance required under this Contract, shall
not extend deadlines specified in this Contract, and any penalties and failure to perform CIL
assessments shall be imposed as if the work commenced on the specified date and time.
CL
6.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed
as relieving the CONTRACTOR from any liability or obligation assumed under this contract or v
imposed by law.
6.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured
and as a Loss Payee on all of the CONTRACTOR's insurance policies issued to satisfy this
Contract's requirements, except for Workers' Compensation.
0
6.1.7 All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is
given to the County by the insurer.
U
6.2.0 General Liability Insurance
6.2.1 As a pre-requisite of the work governed, or other goods supplied under this Contract
(including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her/its
own expense, insurance as specified in the attached schedules, which are made part of this _
Contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the
attached schedules. The CONTRACTOR shall ensure that any and all sub-contractors maintain the
same types and amounts of insurance required of CONTRACTOR. The CONTRACTOR shall be
named as an additional insured on all subcontractors' liability policies. Upon request of County, the
CONTRACTOR shall provide such evidence of insurance required of the subcontractor.
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G.3.a
6.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract
(including pre-staging of personnel and material) until satisfactory evidence of the insurance required
by this Contract has been furnished to the County as specified herein, and, when requested by the
County and/or where otherwise applicable, the CONTRACTOR shall provide proof of insurance for
all approved subcontractors.
6.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for service of
process within the State of Florida. The coverage shall contain an endorsement providing sixty (60)
days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written
by an insurer acceptable to the County and shall be in a form acceptable to the COUNTY.
Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and
maintain General Liability insurance. Coverage shall be continuously maintained and include, at a c
minimum:
Insurance Requirement Required Limits
Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Recognizing that the work governed by this Agreement involves Maritime Operations (not to be associated lu
with Longshoremen's Insurance) , 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.
0
The CONTRACTOR shall be permitted to provide Jones Act Coverage through a separate Protection and
Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been provided by
Workers' Compensation policy. v
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall
be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage W
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall )
be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Pollution Liability $1 million per Occurrence
Recognizing that the work governed by this Agreement involves the storage, treatment, processing,
or transporting of potentially polluting material, the CONTRACTOR shall purchase and maintain,
throughout the life of the contract, Pollution Liability Insurance which will cover and respond to bodily
injury, property damage, and environmental damage caused by a discharge of wastes which are
35
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G.3.a
governed by this Agreement. The policy must specifically identify this contract and specify that
coverage will extend to all losses, claiming pollution or environmental impairment, arising out of, in
connection with, and/or related to the services governed by this Agreement.
The minimum limits of liability shall be:
• $1 million per Occurrence
If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year ca
will be required.
Monroe County and its Board of County Commissioners shall be named as an Additional Insured.
Watercraft Liability $1 million Combined Single Limit (CSL)
Prior to the commencement of work governed by this Agreement, the CONTRACTOR shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the standard
"American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout
the life of this Agreement and include, at a minimum:
• Injury (including death) to any Person;
• Damage to Fixed or Movable Objects;
• Costs Associated with the Removal of Wrecked Vessels; and
• Contractual Liability with Respect to this Agreement.
If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be
0.
endorsed to provide coverage for the legal liability of the ship-owner.
0
The minimum limits acceptable shall be: 0.
$1 million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the
County.
0
Monroe County and its Board of County Commissioners shall be named as Additional Insured and >
as a Loss Payee on all policies issued to satisfy the above requirements.
The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire --
term of the Contract and any extensions specified in the attached schedules. Failure to comply with
these provisions may result in the immediate suspension of all work until the required insurance has U
been reinstated or replaced.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
or
• A certified copy of the actual insurance policy.
The CONTRACTOR must provide a certified copy of the/its actual insurance policy or policies upon
36
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G.3.a
request by the County, notwithstanding that the CONTRACTOR may have already provided a
Certificate of Insurance.
6.2.4 Coverage shall be maintained throughout the entire term of the contract.
6.2.5 Coverage shall be provided by a company or companies authorized to transact business in
the state of Florida.
6.2.6 If the CONTRACTOR has been approved by the Florida Department of Labor as an
authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The
CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of
Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance
Program.
0
6.2.7 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the CONTRACTOR may be required to submit updated financial statements
from the fund upon request from the County.
6.2.8 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the
limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the
COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of 2
insurance for subcontractors. c
M
6.2.9 The CONTRACTOR shall provide to the COUNTY certificates of insurance and/or a copy of E
all insurance policies including those naming the COUNTY as an additional insured and as a loss
payee. The COUNTY reserves the right to require a certified copy of such policies upon request. c
0
Article 7. Staffing. Since this contract is a service agreement, staffing is of paramount importance. 0.
CONTRACTOR shall provide services using the following standards, as a minimum requirement:
(A)The CONTRACTOR shall provide at its own expense all necessary personnel to provide the
services under this Agreement. The personnel shall not be employees of or have any
contractual relationship with the County.
0
All personnel engaged in performing services under this Agreement shall be fully qualified,
and, if required, to be authorized or permitted under Federal, State, and local laws to perform
such services.
Article 8.0 Indemnification and Hold Harmless.
0
U
8.1 The CONTRACTOR covenants and agrees to hold harmless the COUNTY/Monroe County
and Monroe County Board of County Commissioners, and its officers and employees, from liabilities,
damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, actions,
costs, obligations, and attorney's fees, or liability of any kind M arising out of, related to, or in
connection with the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR,
subcontractor(s), and other persons employed or utilized by the CONTRACTOR in the performance
of the CONTRACT, or (2) arising out of, related to, or in connection with the willful non-performance
of the CONTRACTOR. The CONTRACTOR shall be solely responsible and answerable for any and
all accidents or injuries to persons or property arising out of its performance of the Contract,
including those of any subcontractors.
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G.3.a
8.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this Contract. 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 he
shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall
further defend any claim or action on the COUNTY's behalf.
8.3 In the event completion of the work assigned (to include the work of others) is delayed or ca
suspended as a result of the CONTRACTOR's failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses
resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any
deficiencies or ambiguity in the plans and specifications provided by the COUNTY or
CONTRACTOR, the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the c
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend
any claims or action on the COUNTY's behalf.
8.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for
any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of
any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be
entitled to damages for delay.
8.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be disclosed.
The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any CL
damage incurred by the COUNTY as a result of additional costs caused by such errors shall be
chargeable to the CONTRACTOR. CL
8.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance v
requirements contained elsewhere in this Contract.
8.7 This indemnification shall survive the expiration or early termination of the Contract.
0
Article 9. Facilities and Equipment. The CONTRACTOR hereby accepts the use of any County
facilities, equipment, or infrastructure that may be provided for use in conjunction with the Service in
"as is" condition, and the CONTRACTOR shall allow the County to inspect said facilities and
equipment at any reasonable time. In addition, all operating supplies and any additional equipment
shall be the sole responsibility of the CONTRACTOR.
U
Article 10. Contractor's Assumption of Premises and Conditions. The CONTRACTOR hereby
agrees that it has carefully examined the facilities and equipment provided by the County and has
made investigations to fully satisfy itself that such facilities and/or equipment are suitable for thisCL
work and it assumes full responsibility therefor. The provisions of this Agreement shall control any
inconsistent provisions contained in the Scope of Work. The Scope of Work has been read and _
carefully considered by the CONTRACTOR, who understands the same and agrees to their
sufficiency for the work to be done. Under no circumstances, conditions, or situations, shall this
Agreement be more strongly construed against the County than against the CONTRACTOR.
Article 11. Maintenance, Improvements, and Capital Assets. The CONTRACTOR shall be
responsible for the maintenance, repairs, and upkeep of facilities and equipment conveyed to, or
38
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G.3.a
provided for the use of, the CONTRACTOR. The CONTRACTOR shall maintain County facilities,
and all equipment in a clean, safe, and sanitary manner.
Article 12. Breach of Terms by Contractor. The passing, approval, and/or acceptance by the
County of any defect in the services furnished by the CONTRACTOR, shall not operate as a waiver
by the County of strict compliance with the terms of this Agreement, and specifications covering the
services. Any CONTRACTOR's breach of this Agreement shall be governed by the article below on
termination for cause.
The CONTRACTOR agrees that the County Administrator may designate representatives to visit any
facilities or offices utilized by the CONTRACTOR periodically to inspect CONTRACTOR's
maintenance of vessels and equipment. The CONTRACTOR agrees that the County Administrator
may designate representatives to visit the facilities or offices periodically to conduct random open file
evaluations during the Contractor's normal business hours. c
Article 13. Termination Without Cause and/or Termination for Convenience. The County may
terminate this Contract without cause by providing the CONTRACTOR with written notice of
termination at least thirty (30) days prior to the date of termination. Compensation shall be paid to
the CONTRACTOR through the end of provision or services or for the thirty (30) days, whichever is
shorter. If the County terminates this Agreement with the CONTRACTOR, the County shall pay
CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless
the cost of completion to the County exceeds the funds remaining in the Agreement. The maximum
amount due to CONTRACTOR shall not exceed the spending cap in this Agreement.
E
Article 14. Termination for Cause and Remedies. In addition to all the terms set forth herein, in
the event of breach of any contract terms, the County retains the right to terminate and may CL
terminate this Agreement for cause if the CONTRACTOR shall default in the performance of any of
its obligations under this Agreement or should the CONTRACTOR fail to perform the covenants CL
herein contained at the time and in the manner herein provided. Bases for default shall include, but
is/are not limited to, the occurrence of any one of the following events: v
Failure to provide services as described in this Agreement.
Failure to comply with local, state, or federal rules or regulations.
Breach of any other term, condition, or requirement of this Agreement.
In the event of such termination, prior to termination, the County shall provide the CONTRACTOR
with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the
occurred breach. If the breach is not cured, the Agreement may be terminated for cause by the
County. If the County so terminates the Agreement with the CONTRACTOR, the County shall pay
the CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, U
unless the cost of completion to the County exceeds the funds remaining in the Agreement;
however, the County reserves the right to assert and seek an offset for damages caused by the
breach. The maximum amount due to the CONTRACTOR shall not in any event exceed theCL
spending cap(s) and limit(s) 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.
Article 15. Maintenance of Records. The CONTRACTOR shall comply with all public records and
records retention requirements mandated by Section 24, Article I, of the Florida Constitution, and
Chapter 119, Florida Statutes, and shall maintain and keep all books, documents, and records
39
Packet Pg. 1337
G.3.a
directly pertinent to performance under this Contract as are necessary to document the performance
of this Agreement/Contract and expenses as incurred and in accordance with generally accepted
accounting principles consistently applied. Records shall be retained for a period of 7 years from the
termination of this Contract or for a period of 5 years from the date of submission of the final
expenditure report in accordance with 2 CFR § 200.333, whichever is greater. The COUNTY shall
have the right to unilaterally cancel this Contract upon violation of this provision by the
CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be
deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision
in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provisions shall survive any
termination or expiration of the Contract. Each party to this Contract or its authorized representatives
shall have reasonable and timely access to such records of each other party to this Contract during
the term of the Contract and for four years following the termination of this Contract. If an auditor
employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to the c
CONTRACTOR pursuant to this Agreement/Contract were spent for purposes not authorized by this
Agreement/Contract, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall
repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes,
running from the date the monies were paid by the COUNTY.
In addition, the CONTRACTOR shall, at its expense, provide the County with an annual audit,
prepared by an independent Certified Public Accountant, which shall conform to generally accepted
auditing standards, of the Statement of Revenues and Expenses associated with this Agreement
with Monroe County, and which shall be submitted to the County within one hundred twenty (120)
days following the close of the Contractor's fiscal year.
0
The CONTRACTOR shall also allow the County to inspect the CONTRACTOR's facilities,
equipment, or vessels at any reasonable time.
CL
Article 16. Right to Audit. Availability of Records. The records of the parties to this Agreement
relating to the project, which shall include but not be limited to accounting records (hard copy, as v
well as computer readable data if it can be made available; subcontract files (including proposals of
successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original
estimates; estimating work sheets; correspondence; change order files (including documentation
covering negotiated settlements); backcharge logs and supporting documentation; general ledger
entries detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may in County's or the
County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or
obligations under or covered by any contract document (all foregoing hereinafter referred to as U
"Records") shall be open to inspection and subject to audit and/or reproduction by County's
representative and/or agents or the County Clerk. County or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing theCL
distribution of payroll, verifying payroll computations, overhead computations, observing vendor and
supplier payments, miscellaneous allocations, special charges, verifying information and amounts _
through interviews and written confirmations with employees, Subcontractors, suppliers, and
contractors representatives. All records shall be kept for ten (10) years after Final Completion of the
Project. The County Clerk possesses the independent authority to conduct an audit of Records,
assets, and activities relating to this Project. If any auditor employed by the Monroe County or
County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Contractor shall repay the monies together with
40
Packet Pg. 1338
G.3.a
interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to
Contractor. The right to audit provisions survives the termination of expiration of this Agreement.
Article 17. Public Access and Public Records Compliance. The CONTRACTOR must comply
with all Florida public records laws, including but not limited to Chapter 119, Florida Statutes and
Section 24, Article I, of the Florida Constitution. The COUNTY and the CONTRACTOR shall allow
and permit reasonable access to, and inspection of, all documents, records, papers, letters, or other
"public record" materials in its possession or under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction
with and in connection with this Contract and related to Contract performance. The COUNTY shall
have the right to unilaterally cancel this Contract upon violation of this provision by the
CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be
deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision
in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all c
attorney's fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the Contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida's public records laws in
order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms
and conditions of this contract, the CONTRACTOR is required to:
0
M Keep and maintain public records that would be required by the COUNTY to perform the
service. E
Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of
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the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by
CL
law.
Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the COUNTY. c
0
(4) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in
possession of the CONTRACTOR or keep and maintain public records that would be required
by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to
the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure U
requirements. If the CONTRACTOR keeps and maintains public records upon completion of
the Contract, the CONTRACTOR shall meet all applicable requirements for retaining public
CL
records. All records stored electronically must be provided to the COUNTY, upon request from
the COUNTY's custodian of records, in a format that is compatible with the information
technology systems of the COUNTY.
A request to inspect or copy public records relating to a COUNTY Contract must be made
directly to the COUNTY, but if the COUNTY does not possess the requested records, the E
COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR
must provide the records to the COUNTY or allow the records to be inspected or copied within
a reasonable time.
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Packet Pg. 1339
G.3.a
If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall
enforce the Contract's maintenance of records and/or public access and public compliance
provisions, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract upon "`
violation of said provision(s) by the CONTRACTOR. A CONTRACTOR who fails to provide the
public records to the COUNTY or pursuant to a valid public records request within a reasonable time
may be subject to penalties under Section 119.10, Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING CD
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAWD-MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL
33040.
E
Article 18. Compliance with Law. In providing all services pursuant to this Agreement, the (n
CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or c
regulating the provisions of, such services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of 0.
this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the CONTRACTOR. The CONTRACTOR shall possess proper y
licenses to perform work in accordance with these specifications throughout the term of this
Agreement. >
Article 19. Disclosure, Conflict of Interest, and Code of Ethics.
76
The CONTRACTOR represents that it, its directors, principals and employees, presently
have no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this Agreement, as provided in --
Section 112.311, et. seq., Florida Statutes.
0
U
(B) Upon execution of this Agreement, and thereafter as changes may require, the
CONTRACTOR shall notify the County of any financial interest it may have in any and all
contracts with Monroe County.
County agrees that officers and employees of the County recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in -
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
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Packet Pg. 1340
G.3.a
Article 20. Notice Requirements. 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 prepaid, to the other
party by certified mail, returned receipt requested, to the following:
FOR MONROE COUNTY, FLORIDA:
Monroe County Administrator and Monroe County and Monroe County Attorney
1100 Simonton Street Senior Director 1111 121h St., Suite 408
Key West, FL 33040 Planning & Environmental Key West, FL 33041
Resources Department
2798 Overseas Hwy.
Marathon, FL 33050
0
FOR THE CONTRACTOR:
Article 21. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The
CONTRACTOR shall not be exempted by virtue of the County's exemption from paying sales tax to
its suppliers for materials used to fulfill its obligations under this Agreement, nor is the
CONTRACTOR authorized to use the County's Tax Exemption Number in securing such materials.
The CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related
to services rendered under this Agreement.
0
Article 22. Financial Responsibility. The CONTRACTOR shall not pledge the County's credit or
make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any
form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation 0.
or indebtedness that would impair its ability to fulfill the terms of this Agreement.
Article 23. Uncontrollable Circumstance. Any delay or failure of either party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was caused
directly by an event beyond such party's control, without such party's fault or negligence and that by
its nature could not have been foreseen by such party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other
declared emergency in the geographic area of the project; (c) war, invasion, hostilities (whether war
is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the
project; (d) government order or law in the geographic area of the project; (e) actions, embargoes, or
blockades in effect on or after the date of this Agreement; (f) action by any governmental authority
prohibiting work in the geographic area of the project; (each, a "Uncontrollable Circumstance"). U
CONTRACTOR'S financial inability to perform, changes in cost or availability of materials,
components, or services, market conditions, or supplier actions or contract disputes will not excuse
performance by Contractor under this Section. Contractor shall give County written notice within 7
days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance,
and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent
efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The County will not
pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no
cost Change Order for such reasonable time as the County may unilaterally determine, approve, or
deny.
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Packet Pg. 1341
G.3.a
Article 24.1.0 Miscellaneous
24.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its
obligations under this Contract, except in writing and with the prior express written approval
of the COUNTY and consistent with the Contract, which approval shall be subject to such
conditions and provisions as the COUNTY may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this Contract. Subject to the 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 legal
representatives of such other party.
24.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, c
contractual or otherwise, with or any rights in favor of, any third party.
24.1.3 Termination.
(A) In the event the CONTRACTOR shall be found to be negligent in any aspect of the
service or work, the COUNTY shall have the right to terminate the Contract after five (5)
days' written notification to the CONTRACTOR.
M
The COUNTY may cancel this Contract without cause by giving the CONTRACTOR E
sixty (60) days' written notice of its intention to do so.
0
CL
24.1.4 Public Entities Crimes/Convicted Vendor. 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
CL
contracts to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, y
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 consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
2
By signing this Contract, CONTRACTOR represents that the execution of this Contract will <
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Contract and recovery of all monies paid hereto, and 0
may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no CL
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
amount of money involved or whether CONTRACTOR has been placed on the convicted
vendor list.
CONTRACTOR will/shall promptly notify the COUNTY if it or any
44
Packet Pg. 1342
G.3.a
subcontractor or subconsultant is formally charged with an act
defined as a "public entity crime" or has been placed on the
convicted vendor list.
24.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Contract. Any conditions imposed as a result of funding that affect the Project will be
provided to each party.
24.1.6 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Contract >
automatically terminates without any further action on the part of any party, effective the date c
of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
0.
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-
3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time,
0
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)
Any other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Contract.
0
24.1.7 No Solicitation/Payment. The CONTRACTOR and COUNTY warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Contract and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Contract. For the breach or
violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to
terminate this Contract without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
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Packet Pg. 1343
G.3.a
24.1.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The
CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf
any former COUNTY officer or employee subject to the prohibition of Section 2 of Ordinance
No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No.
020-1990. For breach or violation of this provision the COUNTY may, in its discretion,
terminate this Contract without liability and may also, in its discretion, deduct from the
Contract or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former COUNTY officer or employee.
24.1.9 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or >
degree with its performance under this Contract, and that only interest of each is to perform c
and receive benefits as recited in this Contract.
24.2.0 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow
the provisions, as applicable, as set forth in 2 C.F.R. § 200.326 Contract provisions and Appendix II
to 2 C.F.R. Part 200, as amended, including but not limited to:
0
24.2.1 Davis-Bacon Act, as Amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities
must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to
0.
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. If applicable, the COUNTY
must place a copy of the current prevailing wage determination issued by the Department of Labor in
each solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all suspected or reported
violations to the Federal awarding agency. The contractors must also comply with the Copeland c
0
"Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States"). As required by the Act, each contractor or
subrecipient is prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal
awarding agency.
24.2.2 Miscellaneous.
(1) Contractor. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this Agreement.
(2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the
clause above and below and such other clauses as the FEMA may by appropriate
46
Packet Pg. 1344
G.3.a
instructions require, and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contractor shall be responsible for the compliance
by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above or below may be grounds for termination
of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.
§ 5.12.
24.2.3 Non-Discrimination/Equal Employment Opportunity. Except as otherwise provided under
41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract' in
41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b).
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal c
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339),
as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2
C.F.R. Part 200, Appendix II, ¶C, agrees as follows:
1) The CONTRACTOR will not discriminate against any employee or applicant for c
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading, demotion,
or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer setting forth the y
provisions of this nondiscrimination clause.
2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
3) The CONTRACTOR will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another )
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Contractor's legal duty to furnish
information.
4) The CONTRACTOR will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice to
47
Packet Pg. 1345
G.3.a
be provided by the agency contracting officer, advising the labor union or workers'
representative of the Contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
6) The CONTRACTOR will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders. c
7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
E
8) The CONTRACTOR will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that 0.
such provisions will be binding upon each subcontractor or vendor. The Contractor will
take such action with respect to any subcontract or purchase order as the administering v
agency may direct as a means of enforcing such provisions, including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by
the administering agency the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
2
24.2.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must compute the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard work week is permissible provided that the worker
is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on
the open market, or contracts for transportation or transmission of intelligence.
24.2.5 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
48
Packet Pg. 1346
G.3.a
the definition of"funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under that "funding agreement," the recipient or subrecipient must comply with the requirements of
37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
24.2.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387, as Amended). CONTRACTOR agrees to comply with all applicable standards,
orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671 q) and the
Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387) and will report violations >
to FEMA and the Regional Office of the Environmental Protection Agency (EPA) and the Federal c
awarding agency. The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended— applies to Contracts and subgrants of amounts in
excess of$150,000.
24.2.7 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see
2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
CL
under statutory or regulatory authority other than Executive Order 12549.
0
CL
24.2.8 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must c
0
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
24.2.9 Compliance with Procurement of Recovered Materials as Set Forth in 2 C.F.R. §
200.322. CONTRACTOR must CONTRACTOR must comply with section 6002 of the Solid Waste
Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials CL
practicable, consistent with maintaining a satisfactory level of competition, where the purchase price
of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
49
Packet Pg. 1347
G.3.a
24.3.0 Other Federal Requirements.
24.3.1 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.
24.3.2 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds under
this Contract. The DBE requirements of applicable federal and state laws and regulations apply to
this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the
opportunity to participate in the performance of this Contract. In this regard, all recipients and >
contractors shall take all necessary and reasonable steps in accordance with applicable federal and c
state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Contract. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
0
a. If the CONTRACTOR, with funds authorized by this Agreement, seeks to subcontract goods or
services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the
following affirmative steps to assure that minority businesses, women's business enterprises,
and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
0.
(1) Placing Placing qualified small and minority businesses and women's business enterprises
on solicitation lists; v
(2) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; --
(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 U
of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps
listed in paragraph (1) through (5) of this section.
24.3.3 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the CONTRACTOR during
the term of the Contract and shall expressly require any subcontractors or subconsultants
performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor or subconsultant during the Contract term.
24.3.4 NRCS Regulations. NRCS administers the EWP program through the following authorities:
50
Packet Pg. 1348
G.3.a
• Section 216, Public Law 81-516 (33 U.S.C. Section 701 b);
• Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and
• Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and
• Codified rules for administration of the EWP program are set forth in 7 CFR 624.
24.3.5 Additional FEMA and/or FDEM Requirements:
• Access to Records. CONTRACTOR/Consultant and their successors, transferees,
assignees, and subcontractors acknowledge and agree to comply with applicable provisions
governing the Department of Homeland Security (DHS) and the Federal Emergency
Management Agency's (FEMA) access to records, accounts, documents, information,
facilities, and staff. Contractors/Consultants must 1. Cooperate with any compliance review E
or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine
and copy records, accounts, and other documents and sources of information related to the
grant and permit access to facilities, personnel, and other individuals and information as may
be necessary, as required by DHS regulations and other applicable laws or program
guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials
and maintain appropriate backup documentation to support the reports. c
M
• DHS Seal, Logo, and Flags. The CONTRACTOR shall not use the Department of Homeland E
Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials
without specific FEMA approval. c
0
• Changes to Contract. The CONTRACTOR understands and agrees that any cost resulting CL
from a change or modification, change order, or constructive change of the agreement must
be within the scope of any Federal grant or cooperative agreement that may fund this Project y
and be reasonable for the completion of the Project. Any contract change or modification,
change order or constructive change must be approved in writing by both the County and
Contractor. c
• The CONTRACTOR is bound by the terms and conditions of the Federally-Funded
Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency
Management (Division).
• The CONTRACTOR shall hold the Florida Division of Emergency Management and County
harmless against all claims of whatever nature arising out of the CONTRACTOR's
performance of work under this Agreement, to the extent allowed and required by law.
CL
Article 25. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the CONTRACTOR and the COUNTY in this Contract and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any E
provision for waiver.
51
Packet Pg. 1349
G.3.a
Article 26. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of any
public agents or employees of the COUNTY, when performing their respective functions under this
Contract within the territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees outside
the territorial limits of the COUNTY.
Article 27. Legal Obligations and Responsibilities - Non-Delegation of Constitutional or
Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case the >
performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract is c
not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state
statute, and case law.
Article 28. No Personal Liability. No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Contract or be subject to any personal liability or accountability by reason of the
execution of this Contract.
0
0.
Article 29. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Contract to enforce or attempt to enforce any third-party claim or
entitlement to or benefit 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
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under this
Contract separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Contract. c
0
Article 30. Governing Law, Venue, Interpretation, Costs and Fees. This Contract 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 Contract,
COUNTY and CONTRACT agree that venue shall lie in the 161h Judicial Circuit, Monroe County,
Florida, in the appropriate court or before the appropriate administrative body. This Contract shall
not be subject to arbitration. The construction and interpretation of this Contract and all Monroe CL
County Comprehensive Plan provision(s), Florida Statutes, and Monroe County Code(s) provisions
shall be deferred in favor of the County and such construction and interpretation shall be entitled to
great weight in adversarial administrative proceedings, at trial, bankruptcy, and on appeal. Mediation
proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
52
Packet Pg. 1350
G.3.a
Article 31. Attorney's Fees and Costs. The COUNTY and CONTRACTOR agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Contract, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings.
Article 32. Adjudication of Disputes or Disagreements. The 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. The CONTRACTOR and COUNTY representative(s)
shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this Contract or by Florida law. This provision does not negate or
waive the preceding provisions of this Contract concerning termination or cancellation. E
Article 33. Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Contract, COUNTY
and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Contract or
provision of the services under this Contract. COUNTY and CONTRACTOR specifically agree that c
no party to this Contract shall be required to enter into any arbitration proceedings related to this
Contract.
Article 34. Severability. If any term, covenant, condition or provision of this Contract (or the c
CL
application thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and CL
provisions of this Contract, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent y
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Contract would prevent the accomplishment of the original intent of this Contract. >
The COUNTY and CONTRACTOR agree to reform the Contract to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
76
Article 35. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such
documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by �--
CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates
and other factual unit costs supporting the compensation pursuant to the Contract are accurate, 0
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 costs. CL
All such adjustments must be made within one year following the end of the Contract.
Article 36. Authorized Signatory. The signatory for the CONTRACTOR, below, certifies and
warrants that:
(A) The CONTRACTOR's name in this Agreement is its full name.
(B) He or she is authorized to act and contract on behalf of CONTRACTOR.
53
Packet Pg. 1351
G.3.a
Article 37. Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Contract have been duly authorized by all necessary County and corporate
action, as required by law.
Article 38. Entire Agreement. This Agreement constitutes the entire Agreement between the
County and the CONTRACTOR for the services contemplated herein. Any amendments or revisions
to this agreement must be in writing and be executed in the same manner as this Agreement.
Article 39. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall ca
bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their
respective legal representatives, successors, and assigns.
Article 40. Section Headings. Section headings have been inserted in this Contract as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this c
Contract and will not be used in the interpretation of any provision of this Contract.
Article 41. Execution in Counterparts. This Contract 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 Contract by
signing any such counterpart.
In Witness Whereof, the parties have executed this Contract as indicated below.
E
(SEAL) BOARD OF COUNTY COMMISSIONERS OF
KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA
0
0.
As Deputy Clerk Mayor Heather Carruthers
U-
MONROE COUNTY"ATTORNEY �
A V D kUTOFORM y
By: Signature:
Witness (Print Name)
By: On behalf of:
Witness (Signature)
STATE OF
0
U
COUNTY OF
The foregoing instrument was acknowledged and attested before me this day ofCL
20 by who is personally known to me or produced
as proof of identification and did take an oath.
Notary Public Seal
Print Name
54
Packet Pg. 1352
G.3.a
SCOPE OF WORK
for
Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the
Florida Keys
Background
The Florida Keys were hit by Category 4 Hurricane Irma on September 10, 2017 with the center
of the hurricane passing over the Lower Keys. High winds, wave action and storm surge caused U_
significant impacts to the marine environment including the deposition of a variety of marine
debris throughout the Florida Keys. In the months and years following the storm, local, state and >
federal agencies have focused marine cleanup and recovery efforts specifically on canal debris, E
sunken and derelict vessels and scattered destroyed/entangled lobster traps.
Monroe County (County), through a grant from the United States Department of Agriculture
Natural Resources Conservation Service, removed significant volumes of debris from numerous
canal systems. The Florida Fish & Wildlife Conservation Commission (FWC), in coordination
with U.S. Coast Guard and the Environmental Protection Agency, were responsible for the 0
removal of approximately 800 sunken and derelict vessels. Coordinated efforts between the FWC v)
and the Florida Keys Commercial Fishermen's Association provided for the removal of lobster E
traps entangled in approach channels and traps/trap debris along various shoreline areas. An
estimated 56,000 traps were recovered. Additionally, there have been several grassroot efforts
(e.g. Conch Republic Marine Army) who used volunteers, donations and public assistance to 0
remove over 90 tons of marine debris along shorelines of the Florida Keys. 0.
While these efforts were successful in the removal of debris in the highest impact areas, scattered
debris remains along various shorelines and in nearshore waters which were not the primary focus
of these projects. This scattered debris generally includes remaining trap parts/lines (an estimated
94,000 traps remain from those initially lost) and mostly small to medium sized, miscellaneous 0
land-based debris. >
2
State and Federal agencies have committed to addressing remaining debris impacts along
mangrove shorelines and in associated nearshore waters. Funding support for this project in the
amount of $1.3 million is part of a $44 million allocation granted to FWC by NOAA Fisheries
following Hurricane Irma for fisheries restoration and recovery. FWC selected Monroe County as U)
a sub-recipient to perform the project which will be subcontracted to a vendor ("Contractor")
selected through a competitive solicitation process in conformance with all State and Federal e
guidelines.
This project will require that the Contractor utilize local commercial fishermen to perform the
work. Monroe County supports commercial fishermen in the Florida Keys, and recognizes that
commercial fishermen have extensive knowledge of Keys' waters, shorelines and habitats, and are
generally equipped with suitable vessels and gear to navigate and perform work in shallow water
areas and along mangrove shorelines.
Packet Pg. 1353
G.3.a
Objectives & Goals
The primary objective of this project is the removal of the remaining shoreline and nearshore
marine debris associated with Hurricane Irma within the Florida Keys. The goal is to provide for
the cleanup of 100% of identified debris. The primary focus will be on the retrieval of commercial
trap gear,particularly entangled trap rope which is anticipated to be the dominant remaining debris
from Hurricane Irma. The secondary focus will be the removal of all other man-made debris
identified by the project. The project will target mangrove shorelines (up to the mean high water
line) and associated nearshore waters up to 1-2 feet in water depth adjacent to publicly owned U_
shorelines.
76
Project Description 0
E
The project will commence with the Contractor conducting preliminary assessments of existing
debris within the focus area of the project to determine priority locations for targeted removal
activities. The Contractor will then provide and oversee several `crews' of local commercial
fishermen to perform the retrieval, collection and transport of marine debris from authorized debris
sites to Temporary Disposal Sites. No diving is anticipated to be necessary. The project will not
include debris removal in canals. Crew activities will be reported through utilization of Daily Work 0
Certification Forms which will provide the central record keeping for cleanup activities. The v)
M
Contractor will then provide transportation of the collected debris from the Temporary Disposal E
Site(s)to certified disposal facilities for final disposal_
0
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General methodology for debris retrieval along mangrove shorelines in the Florida Keys includes 0
the use of small skiffs, kayaks or floating platforms fanning out from the primary crew vessel CL
and/or individuals walking along/into the mangroves to retrieve debris. Associated small vessels
shall be of a design that provides for access to very shallow water and further access to/and into
mangrove shoreline fringes. Small barges (such as pontoon A-frame barges) are suggested to be >
used for debris collection from the skiffs/kayaks; however, the primary crew vessels themselves M
0
(if suitable based on water depth) are also suggested to be used for debris collection/transport. It
is suggested that a maximum of four crews working per day will ensure sufficient effort while still
2
providing an effective means to reasonably monitor all crew activities on a given day, as necessary.
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Monroe County anticipates that$164,873 of the $1.3 million in funding available for this project
will be necessary to cover the disposal costs associated with the debris collection. Therefore, the U
anticipated amount of funding available for the Contractor's activities is $1,135,127.
CL
Geographic Scope
Hurricane Irma caused the deposition of marine debris throughout most areas of the Florida Keys.
Post-hurricane imagery provided by NOAA indicated that debris was distributed in open water "-
and canal areas,but did not provide sufficient data regarding debris in nearshore areas in less than
2 feet of water. Trap debris over-flight observations and mapping were also conducted by Florida
Sea Grant. Subsequently, trap removal efforts were conducted and mapped by FWC. The map
below provides an overview of the higher density areas where traps were observed and trap
removals were performed. In conjunction with smaller-scale grassroots projects performed, it
Packet Pg. 1354
G.3.a
appears that much of the nearshore water areas and mangrove shorelines of the Florida Keys still
contain large volumes of widely-scattered trap and other man-made debris. This information has
been utilized in determining the focus areas for this project and where targeted efforts should be
placed.
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Focus Area
After consideration by Monroe County, FWC and NOAA, it has been determined that the primary 0
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focus area for this project will be from the island of Marathon Key in the Middle Keys to Sugarloaf
Key in the Lower Keys (see Focus Area Map below). This area is anticipated to have the highest
density of debris based on the mapping data above and through conversations with various
stakeholders. Focus on the higher density debris areas will maximize efficiency and ensure W
effective use of the limited available funding.
i_
The Focus Area has been broken down by numbered grid cells in association with the performance
of the tasks and deliverables outlined below. The project will target mangrove shorelines (up to
the mean high water line) and associated nearshore waters up to 1-2 feet in water depth adjacent
to publicly-owned shorelines. No debris removal will occur along privately-owned shorelines or
Packet Pg. 1355
G.3.a
bay bottom or in canals. Monroe County will assist the Contractor in determining ownership of
shoreline properties based on debris sites/areas located.
Focus Area Man
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Temporary Disposal Sites (TDS)
Monroe County will assist the Contractor with establishing a number of Temporary Disposal Sites
(TDS) throughout the focus area where the marine debris will be offloaded from crew vessels or U)
collection barges, into roll-offs, and from there trucks will take the debris for final disposal. The
Contractor, in coordination with Monroe County and FWC, will establish several TDS sites CL
throughout the focus area. By this method, the Contractor may have multiple crews working W
throughout the focus area throughout the duration of the project. The Contractor shall be
responsible for providing roll-offs or other suitable refuse containers at the TDS sites. The TDS "-
sites may also serve as extraction locations to provide waterfront landing locations to offload
debris from crew vessel to a shorelide location such as boat ramps. At a minimum, TDS sites will E
be in the vicinity of extraction locations to maximize efficiency in the performance of the work.
The following sites have been identified as possible TDS sites:
Packet Pg. 1356
G.3.a
• Marathon- Keys Fisheries (bayside;privately owned)
• Big Pine Key-the Swimming Hole (oceanside; County managed)
• Ramrod Key- Commercial Fishing Area property (oceanside;privately owned)
• Cudjoe Key- Blimp Rd boat ramp (gulfside; County managed)
• Sugarloaf Key- Sammy Creek Landing (oceanside; FWC managed)
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G.3.a
Hazmat Handling
The Contractor may be retrieving and transporting hazardous materials in the performance of the
described duties. The Contractor should have a sufficient level of hazmat training in order to safely
handle hazmat(i.e. Hazwopper training, etc.) and ensure that all crews are familiar with handling
hazardous materials as may be encountered. All hazardous materials collected shall be properly
disposed of at a certified hazardous waste disposal facility.
Regulatory Authority
The Florida Keys National Marine Sanctuary (Sanctuary or FKNMS) has provided federal
approval for this project. A Letter of Authorization from the Sanctuary has been issued to the
County for the Contractor to perform the work described in this Scope of Work. Due to the c
E
geographically narrow marine environment where the debris removal work is to be performed,no
alteration of, or impact to the seafloor or mangrove vegetation is anticipated to occur. State and
federal regulations prohibit damage to seagrasses or mangroves.
As applicable, FKNMS staff may provide Best Management Practices (BMP) training for the
Contractor and his crews to ensure that safety and environmental protective measures are followed 0
and exhibited throughout the course of the project work. DEP and/or FKNMS staff may also be v)
onsite for operations when removing debris from mangroves. Monroe County will coordinate with E
DEP and FKNMS regarding any need for state and/or federal oversight of operations. W
0
CL
Project Tasks & Associated Deliverables 0
c.
Task #1 —Preliminary Debris Assessments,Work Authorization Requests & Temporary
Disposal Sites y
• Subtask A - The Contractor shall conduct Preliminary Debris Assessments of >
Potential Debris Sites within each grid cell identified on the Focus Area Map above. M
The Contractor shall be responsible for identification of potential Debris Sites for
targeted assessment, but may also be provided technical assistance by Monroe County
and/or other project stakeholders. The Contractor shall collect the following information
as part of the assessment: t
i. Descriptive data of each Debris Site including description and length of shoreline,
debris type(s), and estimated debris quantity (in cubic yards); 0
ii. Locational (latitude/longitude) data of each Debris Site including preliminary v)
photographic and video documentation of each site. Photographs and video
footage shall be geo-referenced with GPS coordinates and shall be taken at/from 0.
specific locations and at specific debris locations along the length of the shoreline.
(NOTE: Identical documentation will be required post-removal for comparison
purposes to ensure the project was performed successfully). "-
The Contractor shall utilize this data to determine Total Estimated Density (high, medium
or low) for each Debris Site based on the estimated debris quantity. This determination
shall then be used to provide Monroe County with Suggested Priority Debris Sites for
cleanup activities via Work Authorization Request Forms which shall be based upon the
density of debris and the effectiveness of debris retrieval based on the Contractor's
Packet Pg. 1358
G.3.a
methodology. Debris Sites with high and/or medium density shall be prioritized for
retrieval work to ensure the best use of funding.
➢ Deliverable—The Contractor shall provide all Preliminary Debris Assessments of
Potential Debris Sites to Monroe County. At a minimum, the Contractor shall
provide at least(1)Preliminary Debris Assessment for each Grid Cell identified on
the Focus Area Map. All Preliminary Debris Assessments shall be submitted to
Monroe County no later than May 15, 2021.
U_
• Subtask B - The Contractor shall complete Work Authorization Request Forms for
Suggested Priority Debris Sites for cleanup activities. Documentation shall include all
data collected during the Preliminary Debris Assessment, a request to perform work at the
Suggested Priority Debris Sites, and an Operational Plan outlining the work to be E
performed. The Operational Plan shall include, at a minimum, anticipated dates/location of
work, an overview of the work to be performed, identifying numbers/names of each
primary crew vessel,number of crew and skiffs being used, and the estimated debris type(s)
and quantity to be collected. The goal and focus of the operation shall be to provide for
cleanup of 100% of the debris identified in the Preliminary Debris Assessments for the
Priority Debris Sites. If any identified debris cannot be collected due to logistical 0
constraints by the Contractor,this shall be noted in the Work Authorization Request Form. v)
The Operational Plan shall also contain an overview of the transportation and disposal plan
including anticipated Temporary Disposal Site locations/overview. Monroe County will
provide technical assistance regarding this element of the project. 0
0
➢ Deliverable—The Contractor shall provide Work Authorization Request Forms for CL
Suggested Priority Debris Sites to Monroe County at least five (5) business days
prior to the anticipated start date of work. At a minimum, a Work Authorization
Request Form for each Debris Site identified with high and/or medium debris
density shall be submitted. Approval shall be granted via signed Work
Authorization Request Form(s). The Contractor shall not proceed with work until 0
Monroe County has provided authorization. Authorization by Monroe County shall
be based on funding availability and other logistical considerations. The final Work 0
Authorization Request Form shall be submitted by Monroe County no later than
June 1, 2021.
• Subtask C — The Contractor shall establish Temporary Disposal Sites (TDS) U
throughout the focus area. These Sites shall allow for the debris to be offloaded and/or -�
staged to allow for debris management in preparation for transport to the final disposal
facility(s). The Contractor shall be responsible for providing roll-offs or other suitable U_
refuse containers at the TDS sites, as well as general oversight of each site. Monroe County
anticipates coordination with the Contractor and FWC for final site selection and any
necessary approvals required for utilization of the property(s). All TDS sites shall be `_
cleaned free of any debris and shall be returned to pre-work conditions at the completion
of project activities.
➢ Deliverable— The Contractor shall provide a list of anticipated TDS sites at least
14 days prior to the anticipated start date of work for review by Monroe County.
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G.3.a
Task #2—Debris Retrieval, Collection and Transport
• Subtask A - The Contractor shall perform shoreline/nearshore cleanup of marine
debris at Authorized Debris Sites including debris retrieval, collection and transfer u
from crew vessels to Temporary Disposal Site(s). The Contractor shall assign an
identifying name or number to each crew for tracking and invoicing purposes. The t�
Contractor shall ensure a sufficient number of crew members on each crew to provide for
the various activities to be performed including piloting, retrieving, tracking, and u�-
transporting debris, and collecting photos/videos to document the work. For debris
retrieval, each crew shall fan out in the Debris Sites to retrieve all man-made debris from
the shoreline (up to the mean high water line) and adjacent nearshore waters (up to 1-2
feet of water). Debris shall be placed aboard skiffs/kayaks and transferred to the primary E
crew vessel (or other small barge) for collection. The primary focus shall be on the
retrieval of entangled trap gear,particularly trap rope. All debris identified in the
Preliminary Debris Assessment shall be collected unless excluded from the Operational
Plan. Any hazardous materials collected shall be kept separate from general debris on the
crew vessels for proper disposal as necessary. Crews shall then transport the debris to a
shoreside extraction location for transferring via truck or other suitable vehicle/equipment 0
to roll off containers located at Temporary Disposal Sites (TDS). All cleanup activities v)
shall be completed no later than June 8, 2021.
• Subtask B— The Contractor (and/or each crew manager) shall complete a Daily c
CL
Work Certification Form for each crew. The form shall include (at a minimum)the 0
date and location of work; crew ID name/number; crew member names; hours of work on CL
the water; equipment used; and offloading/disposal site information. Forms shall be
developed by Monroe County in coordination with FWC and the Contractor.
Documentation shall provide sufficient data to clearly track all crew activities.
➢ Deliverable — The Contractor shall provide Monroe County all documentation 0
associated with this Subtask for review and approval prior to payment.
Documentation shall provide sufficient records to clearly track all project activities 2
as determined by the County and FWC. At least one (1) Daily Work Certification
Form shall be submitted for each crew who performed activities. Documentation
shall be submitted in conjunction with the Weekly Summary Reports under Subtask
F below. Final documentation shall be submitted no later than June 15, 2021. U
v)
• Subtask C— The Contractor (and/or each crew manager) shall complete a Marine
Debris Data Collection Form that provides a detailed description of debris retrieved U_
from each Debris Site including debris type(s), total volume (in cubic feet) and any
special notes. Forms shall be developed by Monroe County in coordination with FWC.
➢ Deliverable—The Contractor shall provide Monroe County at least one (1)Marine a
Debris Data Collection Form for each Debris Site where activities occurred for
review and approval prior to payment. Documentation shall provide sufficient
records to clearly track all project activities as determined by the County and FWC.
Documentation shall be submitted in conjunction with the Weekly Summary
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G.3.a
Reports under Subtask F below. Final documentation shall be submitted no later
than June 15, 2021.
• Subtask D— The Contractor (and/or each crew manager) shall collect photos of each
phase of the daily operation for each crew. Documentation shall include photos of each u
phase of the operation including staging, retrieval, loading, collection, transport and
transfer activities. All photos shall include a date/time stamp and geo-referencing for t�
verification purposes.
➢ Deliverable — The Contractor shall provide Monroe County all documentation
associated with this Subtask for review and approval prior to payment.
Documentation shall provide sufficient records to clearly track all project activities
as determined by the County and FWC. Documentation shall be submitted in E
conjunction with the Weekly Summary Reports under Subtask F below. Final
documentation shall be submitted no later than June 15, 2021.
• Subtask E - The Contractor shall collect post-removal photographic and video
documentation of each Debris Site where activities occurred. This documentation 2
shall be identical to the data collected under the Preliminary Debris Assessment for each c
site including location, orientation, date/time stamp and geo-referencing. M
E
➢ Deliverable — The Contractor shall provide Monroe County all documentation
associated with this Subtask for review and approval prior to payment. CL
Documentation shall provide sufficient records to clearly track all project activities 0
as determined by the County and FWC. Documentation shall be submitted in CL
conjunction with the Weekly Summary Reports under Subtask F below. Final
documentation shall be submitted no later than June 15, 2021.
• Subtask F— The Contractor shall complete a Weekly Summary Report of work
activities. The report shall contain a detailed summary of the weekly operations 0
including work performed by Debris Site (including % of completion per site), overview
of crew activities, total debris collected(by type and volume), and disposal information. 2
➢ Deliverable — The Contractor shall provide Monroe County one (1) Weekly
Summary Report for each week where work activities occurred for review and
approval prior to payment. Documentation shall provide sufficient records to )
clearly track all project activities as determined by the County and FWC. Final
documentation shall be submitted no later than June 15, 2021.
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Task #3—Debris Disposal
• Subtask A - The Contractor shall perform transport of all debris from the
Temporary Disposal Site(s) to a final disposal facility. Final disposal costs will be a °i
pass thru expense to be billed/paid by Monroe County separate from the terms of this
contract. All disposal activities shall be completed no later than June 15, 2021.
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Packet Pg. 1361
G.3.a
• Subtask B— The Contractor shall obtain a disposal ticket/receipt for each load of
debris disposed from the certified disposal facility(s) indicating the date, cost, and
weight of the debris disposed.
➢ Deliverable — The Contractor shall provide Monroe County one (1) disposal _
ticket/receipt for each load of debris disposed within five (5)business days of each
disposal event for review and approval prior to final payment. Documentation shall 0
provide sufficient records to clearly track all project activities as determined by the
County and FWC. Final documentation shall be submitted no later than June 15, U_
2021.
• Subtask C—The Contractor shall take photos of each phase of the disposal 0
operation. The photographs shall document each phase of the disposal process including:
a) debris prior to loading for transport from the TDS to the disposal facility, b)the
transport process, and c) the final disposal of the debris at the certified disposal facility.
➢ Deliverable—The Contractor shall provide Monroe County at least three(3)photos
of the disposal operation for each disposal event within five (5) business days of 2
each disposal event for review and approval prior to final payment. Documentation
shall provide sufficient records to clearly track all project activities as determined M
by the County and FWC. Final documentation shall be submitted no later than June E
15, 2021.
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Pricing/Fee Schedule
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Pricing is based on a `Daily Rate' which shall be based on an individual `crew' working on the
water a minimum of seven (7) hours per day. A `crew' shall be considered all associated
personnel necessary to complete the day's activities. The Daily Rate shall also include all costs
associated with implementing the project including all time and materials. For pricing purposes, >
the minimum of seven hours per day "on the water" shall not include travel or mobilization time. 0
Any partial days will be paid on the actual number of hours on the water doing work. A 'Total
Daily Rate' shall be based on the total number of crews working per day multiplied by the 2
individual crew Daily Rate as specified in the Fee Schedule table below. The County suggests a
maximum of four crews working per day to ensure sufficient effort while still providing an
effective means to reasonably monitor all crew activities on a given day, as necessary. The
0
County recognizes that the number of crews working on any given day in any particular area
may vary based on weather, logistics, methodology, location of debris, efficiency, etc. Invoice
costs shall be based on actual number of crews working per day. CL
U_
Fee Schedule
Daily Rate Per Crew Number of Crews Total Daily Rate
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$ /day/crew x # of crews = $ /day
Packet Pg. 1362
G.3.a
Since pricing for the project is based on a daily rate (rather than a metric such as volume of debris
removed) it is critical that performance by the Contractor provides a diligent level of effort and an
acceptable level of accomplishment of the project objective. If necessary, a minimum threshold
for debris removal may be established, below which the project may be paused for
retooling/modifying methodology or to address sub-standard effort levels. Photo (and video)
documentation by the Contractor is critical in determining restoration levels achieved.
t�
Invoicing and Record Keeping
The Contractor shall submit a signed invoice, via e-mail, to the County's Contract Manager on a
monthly basis upon completion of cleanup activities per Authorized Debris Site under Task 42.
The invoice shall include a brief summary of the work performed during the week, the number of
days and hours that individual crews worked and the total cost(based on the Pricing section above).
The invoice shall also include all deliverables required for submission under Task 42 above.
Monroe County will coordinate with the FWC Grant Manager upon the receipt of the invoices.
FWC shall provide confirmation to the County that the invoices may be submitted for payment.
COVID-19 0
Due to the COVID-19 virus, all parties participating in the debris removal project shall adhere to M
all CDC guidelines and Monroe County orders applicable at the time of the project, and shall at
all times conform to all law(s) enacted, issued, or approved by the State of Florida, United States
CL
federal government, and Monroe County, Florida.
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Packet Pg. 1363