The URL can be used to link to this page

Item D1 County of Monroe " BOARD oFcol n covlsllsslo.Fns r^* Mayor Michell C I tr n District 2 yr r� Ma rP[ lemU iI Rice.District4 The Florida Keys Cates,Craig D t .I Eddie Martinez.District 3 Mike Forster,District 5 County Commission Meeting December 9, 2020 Agenda Item Number: G.4 Agenda Item Summary #7495 REVISED DOCUMENTS. ITEM BACKGROUND: Updated language noting changes since the item was tabled at the November BOCC Meeting. and revising documents to include changes made by the FWC, and adding one new document, an RFP Packet. BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins(305)289-2505 n/a AGENDA ITEM WORDING: Approval of a Grant Agreement ("Agreement") between the Florida Fish and Wildlife Conservation Commission (FWC) and the Monroe County, providing $1.300,000 for a marine debris cleanup project along shorelines and nearshore waters affected by Hurricane Irma. 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 sought under a Request for Proposals (RFP) which ik also on the Board's agenda which was approved for advertising at the November 17. 2020 Board meeting (attached). No match is required by the County for this funding. The 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 Contractor 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 work must be completed no later than June 30th, 2021. Under separate authorization by the Board, staff will begin the RFP process for vendor selection. Staff requests approval by the Board to accept this grant funding from FWC. PREVIOUS RELEVANT BOCC ACTION: None November 2020—Approval to advertise RFP CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: FWC Contract(revised by FWC) Attachment A_Scope_rcvd 12-01-20 (revised by FWC) Attachment B_Requirements of Fed (revised by FWC, formerly attachment C) Attachment C_Cost Reimbursement(revised by FWC, formerly attachment B) Attachment D_Cert of Completion RFP packet(new) FINANCIAL IMPACT: Effective Date: Upon final execution Expiration Date: June 30, 2021 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: N/A Additional Details: none REVIEWED BY: Emily Schemper Completed 10/29/2020 1:30 PM Peter Morris Completed 11/02/2020 4:19 AM Assistant County Administrator Christine Hurley Completed 11/02/2020 7:33 AM Purchasing Completed 11/02/2020 8:12 AM Budget and Finance Completed 11/02/2020 8:15 AM Maria Slavik Completed 11/02/2020 10:18 AM Liz Yongue Completed 11/02/2020 11:33 AM Board of County Commissioners Completed 11/17/2020 9:00 AM Board of County Commissioners Pending 12/09/2020 9:00 AM FWC Contract No. 20059 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION CONTRACT No.20059 The FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION,whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter"Commission," and Monroe County Board of Counts Coat *fsslonets, FE rx 5 -60 49,whose address is 500 Whitehead Street, Key West, FL 33040.hereinafter"Contractor", collectively,"Parties". INTRODUCTORY CLAUSES The Commission and Contractor intend to partner together to coordinate the removal of remaining shoreline and nearshore marine debris associated with Hurricane Irma within the Florida Keys; The Commission has awarded this Contract pursuant to the requirements of Sections 287.057, Florida Statutes; and Such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. TERMS OF THE CONTRACT The Commission and the Contractor,for the considerations stated in this Contract,agree as follows: 1. PROJECT DESCRIPTION. The Contractor shall provide the services and products, and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof(hereafter, Scope of Work). The Scope of Work,Attachment A specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this Contract was competitively procured, the Contractor's response to the Commission's solicitation is hereby incorporated by reference. 2. PERFORMANCE. A. Contractor Performance. The Contractor shall perform the activities described in the Scope of Work, Attachment A in a proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, Attachment A, any and all equipment, products or materials necessary or appropriate to perform under this Contract shall be supplied by the Contractor. Contractor shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Contractor shall be licensed as necessary to perform under this Contract as may be required by law,rule,or regulation;the Contractor shall provide evidence of such compliance to the Commission upon request. The Contractor shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Contract. By acceptance of this Contract,the Contractor warrants that it has the capability, integrity and reliability to assure good-faith performance. Contractor shall immediately notify the Commission's Contract Manager in writing if its ability to perform under the Contract is compromised in any manner during the term of the Contract. The Commission shall take appropriate action,including potential Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 1 of21 FWC Contract No. 20059 termination of this Contract pursuant to paragraph ten(10)Remedies, below, in the event the Contractor's ability to perform under this Contract becomes compromised. B. Contractor Responsibilities. The Contractor agrees that all Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Commission. The Commission may conduct,and Contractor shall cooperate in,a security background check or otherwise assess any employee,subcontractor,or agent furnished by Contractor for this scope of work (on this project). The Commission in coordination with the Contractor may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non- compliance with the Commission's security or other requirements. Such refusal shall not relieve Contractor of its obligation to perform all work in compliance with the Contract. The Commission may reject and bar from any facility for cause any of Contractor's employees,subcontractors,or agents. C. Commission Rights to Assign or Transfer. Contractor agrees that the State of Florida shall at all times be entitled to assign or transfer its rights,duties,or obligations under this Contract to another governmental agency in the State of Florida,upon giving prior written notice to Contractor. 3. CONTRACT PERIOD. A. Contract Period and Limited Obligation Period. This Contract shall begin upon execution by both Parties or 10/21/2020(whichever is later)and end 06/30/2021,inclusive. The Commission shall not be obligated to pay for costs related to this Contract prior to its beginning date or after its ending date. B. Renewal — Competitive Procurement. If this Contract was competitively procured • pursuant to Section 287.057, Florida Statutes,the renewal price(s)must be set forth in the Contractor's response to the Commission's bid document. The renewal price(s) for this Contract are included in the Scope of Work,Attachment A. If applicable, renewal of this Contract shall be subject to the availability of funds, satisfactory performance evaluations by the Commission,and at the discretion of the Commission;it must also be in writing and subject to the same terms and conditions of this Contract. Renewal amendments must be executed prior to the end date of the Contract. Any costs associated with a renewal may not be passed onto the Commission. C. Renewal — Exceptional Purchase. If this Contract was procured by an exceptional purchase pursuant to Subsections 287.057(3)(a) or(3)(c). Florida Statutes (F.S.), it may not be renewed. Subsection 287.057(13),F.S., provides that contracts for commodities or contractual services may be renewed for up to three (3) years, or for a total term not to exceed the original Contract period, whichever is longer. If applicable, renewal of this Contract shall be subject to the availability of funds,satisfactory performance evaluations by the Commission,and at the discretion of the Commission;it must also be in writing and subject to the same terms and conditions of this Contract. Renewal amendments must be executed prior to the end date of the Contract. Any costs associated with a renewal may not be passed onto the Commission. Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 2 of21 F'WC Contract No. 20059 D. Renewal Period. This Contract may be renewed for a period not to exceed one(I)year. E. Extension. If this is a Contract for contractual services, any extension of this contract as provided for in the Scope of Work, Attachment A shall he in writing for a period not to exceed six(6)months and shall be subject to the same terms and conditions set forth in the initial Contract. There shall be only one extension of this Contract unless the failure to meet the criteria set forth in the Contract for completion of the Contract is due to events beyond the control of the Contractor. 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Contractor under the terms of this Contract,the Commission shall pay the Contractor on a cost reimbursement basis in an amount not to exceed S1,300,00.00. B. Payments. The Commission shall pay the Contractor for satisfactory performance of the tasks identified in the Scope of Work, Attachment A, as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Contract Manager, identified in paragraph eleven (I I), below. Unless otherwise specified in the Scope of Work, Attachment A, invoices shall be due monthly,commencing from the start date of this Contract. Invoices must be legible and must clearly reflect the goods or services that were provided in accordance with the terms of the Contract for the invoice period. Unless otherwise specified in the Scope of Work, Attachment A, a final invoice shall be submitted to the Commission no later than forty-five(45)days following the expiration date of this Contract to assure the availability of funds for payment.Costs under this Contract must be obligated, and all work completed by the Contractor by the end of the Contract period identified in paragraph three(3). C. Invoices. Each invoice shall include the Commission Contract Number and the Contractor's Federal Employer Identification (FEID)Number. Invoices,with supporting documentation, may be submitted electronically to the attention of the Commission's Contract Manager identified in Paragraph eleven(11)below. If submitting hard copies,an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Contractor acknowledges that the Commission's Contract Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Travel Expenses. If authorized in the Scope of Work,Attachment A,travel expenses shall be reimbursed in accordance with Section 112.061, F.S. E. State Obligation to Pay.The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. The Parties hereto understand that this Contract and any renewal thereof is not a commitment to future appropriations but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Contract, and as to what constitutes an "annual appropriation" of funds to complete Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 3 of 21 FW C Contract No. 20059 this Contract. If such funds are not appropriated or available for the Contract purpose,such event will not constitute a default on behalf of the Commission or the State. The Commission's Contract Manager shall notify Contractor in writing at the earliest possible time if funds are not appropriated or available. F. Non-Competitive Procurement and Rate of Payment. Section 216.3475. F.S., requires that under non-competitive procurements, a Contractor may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable,the Contractor warrants,by execution of this Contract,that the amount of non-competitive compensation provided in this Contract is in compliance with Section 216.3475,F.S. G. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., governing time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the Scope of Work, Attachment A, specifies otherwise. If payment is not available within forty (40)days,measured from the latter of the date the invoice is received or the goods or services are received,inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. H. Electronic Funds Transfer.The Contractor agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Contract.Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: htto://www.fldfs.com/aadir/direct deposit webNendors.htm Questions should be directed to the State of Florida's EFT Section at(850)413-5517. Once enrolled, invoice payments will be made by EFT. L Vendor Ombudsman.A Vendor Ombudsman,whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline,(800)342-2762. 5. MYFLORIDAMARKETPLACE VENDOR REGISTRATION AND TRANSACTION FEE. A. MyFloridaMarketPlace. In accordance with Rule 60A-I.033 of the Florida Administrative Code (F.A.C.), each vendor doing business with the State for the sale of commodities or contractual services as defined in Section 287.012, F.S., shall register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033(3), F.A.C. Information about the registration process is available,and registration may be completed, at the MyFloridaMarketPlace website (link under Business on the State portal at www.myflorida.com). Interested persons lacking Internet access may request assistance from the MyFloridaMarketPlace Customer Service at (866-352-3776) or from State Purchasing,4050 Esplanade Way,Suite 300,Tallahassee, Florida 32399. Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 4 of 21 FWC Contract No. 20059 B. Transaction Fee. Pursuant to Section 287.057(22), F.S., all payments, unless exempt under Rule 60A-1.033(3), F.A.C., shall be assessed a Transaction Fee, which the Vendor shall pay to the Slate. For payments within the State accounting system (Florida Accounting Information Resource, FLAIR. or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Vendor. If automatic deduction is not possible,the Vendor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, Vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. 6. RETURN OR RECOUPMENT OF FUNDS. A. Overpayments to Contractor. The Contractor shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to the Contractor by the Commission. In the event that Contractor or its independent auditor discovers that overpayment has been made, Contractor shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event that the Commission first discovers an overpayment has been made,the Commission will notify the Contractor in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Contract Manager and made payable to the"The Florida Fish and Wildlife Conservation Commission." B. Additional Costs or Monetary Loss Resulting from Contractor Non-Compliance. If the Contractor's non-compliance with any provision of the Contract results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida law, the Commission can recoup that cost or loss from monies owed to the Contractor under this Contract or any other contract between the Contractor and the Commission. In the event that the discovery of this cost or loss arises when no monies are available under this Contract or any other contract between the Contractor and the Commission,Contractor will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing,to an alternative timeframe. If the Contractor is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services,for resolution pursuant to Section 17.0415,F.S. 7. COMMISSION EXEMPT FROM TAXES,PROPERTY EXEMPT FROM LIEN. The Contractor recognizes that the State of Florida,by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Contract. Contractor is placed on notice that this exemption generally does not apply to other parties of this agreement, contractors,or subcontractors.Any questions regarding this tax exemption should be addressed to the Commission Contract Manager. A. If the Contract involves the improvement of real property titled to the State of Florida,then the following paragraph applies. The Contractor acknowledges that property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason. The Contractor shall Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 5 of21 FWC Contract No. 20059 include notice of such exemptions in any subcontracts and purchase orders issued hereunder. 8. MONITORING. The Commission's Contract Manager shall actively monitor the Contractor's performance and compliance with the terms of this Contract. The Commission reserves the right for any Commission staff to make scheduled or unscheduled,announced or unannounced monitoring visits. Specific monitoring terms, conditions, and schedules may be included in the Scope of Work, Attachment A. 9. TERMINATION. A. Commission Termination.The Commission may unilaterally terminate this Contract for convenience by providing the Contractor with thirty (30) calendar days of written notice of its intent to terminate. The Contractor shall not be entitled to recover any cancellation charges or lost profits. The Contractor may request termination of the Contract for convenience. B. Termination—Fraud or Willful Misconduct.This Contract shall terminate immediately in the event of fraud or willful misconduct on the part of the Contractor. In the event of such termination, the Commission shall provide the Contractor with written notice of termination. C. Termination-Funds Unavailability. In the event funds to finance this Contract become unavailable or if federal or state funds upon which this Contract is dependent are withdrawn or redirected,the Commission may terminate this Contract upon no less than twenty-four (24)hours' notice in writing to the Contractor. Said notice shall be delivered by certified mail,return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Contract to another program thus causing`lack of funds." In the event of termination of this Contract under this provision, the Contractor will be compensated for any work satisfactorily completed and any non-cancellable obligations properly incurred prior to notification of termination. D. Termination—Other.The Commission may terminate this Contract if the Contractor fails to: I.) comply with all terms and conditions of this Contract;2.)produce each deliverable within the time specified by the Contract or extension;3.)maintain adequate progress,thus endangering the performance of the Contract;or,4.) abide by any statutory,regulatory,or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Contract. Contractor shall not be entitled to recover any cancellation charges or lost profits. E. Contractor Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination,the Contractor shall,unless the notice directs otherwise,immediately discontinue all activities authorized hereunder. Upon termination of this Contract, the Contractor shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section,property belonging to the Commission shall include,but shall not be limited to,all books and records kept on behalf of the Commission. Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 6 of21 FWC Contract No. 20059 10. REMEDIES. A. Financial Consequences. In accordance with Section 287.058(I)(h), F.S., the Scope of Work, Attachment A contains clearly defined deliverables. If the Contractor fails to produce each deliverable within the time frame specified by the Scope of Work, Attachment A the budget amount allocated for that deliverable will be deducted from the Contractor's payment. The Commission shall apply any additional financial consequences identified in the Scope of Work.Attachment A. B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Contract. 11. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that any Party designates a different Contract Manager after the execution of this Contract,the Party will provide written notice of the name,address,zip code,telephone and fax numbers,and email address of the newest Contract Manager or individual authorized to receive notice on behalf of that Party to all other Parties as soon as possible, but not later than five (5) business days after the new Contract Manager has been named. A designation of a new Contract Manager shall not require a formal amendment to the Contract. FOR THE COMMISSION: FOR THE CONTRACTOR: Contract Manager Contract Manager Devin Resko Celia Hitchins Government Operations Consultant III Senior Administrator Division of Marine Fisheries Management Monroe County 1875 Orange Ave East 2798 Overseas Hwy,Ste 400 Tallahassee,FL 32311 Marathon,FL 33050 850-445-9533 305-289-2505 Devin.Reskoa@MyFWC.com Hitchins-Celia@monroecounty-11.gov 12. AMENDMENT. A. Waiver or Modification. No waiver or modification of this Contract or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by both Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Contract. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Contractor's cost or time shall require an Amendment. Minor changes,such as those updating a party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulations.The Parties agree to renegotiate this Contract if federal and/or state revisions of any applicable laws or regulations make changes in the Contract necessary. 13. PROPERTY RIGHTS. A. Intellectual and Other Intangible Property. Vendor Contract-GOVERNMENTAL ENTITY Ver.September 2020 Page 7 of21 FWC Contract No. 20059 i. Contractor's Pre-existing Intellectual Property (Proprietary) Rights. Unless specifically addressed otherwise in the Scope of Work,Attachment A,intellectual and other intangible property rights to the Contractor's pre-existing property will remain with the Contractor. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Contractor under this Contract for the Commission shall be handled in the manner specified by applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Contract produce original writing,sound recordings,pictorial reproductions,drawings or other graphic representation and works of any similar nature,the Commission and the State of Florida have the unlimited,royalty-free,nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Contract is supported by federal funds,the federal awarding agency reserves a royalty-free,nonexclusive and irrevocable right to reproduce,publish,or otherwise use the work for federal purposes,and to authorize others to do so. B. Purchase or Improvement of Real Property. This agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. i. Title. If this Contract is supported by state funds, the Contractor shall comply with Section 287.05805,F.S. This section requires the Contractor to grant a security interest in the property to the State of Florida,the type and details of which are provided for in Attachment A,Scope of Work.Title to state-owned real property remains vested in the state. ii. Use. State-owned real property will be used as provided in Attachment A, Scope of Work. C. Non-Expendable Property. i. Non-Expendable Property Defined. For the requirements of this section of the Contract. "non-expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non- consumable and non-expendable nature,with a value or cost of$1,000.00 or more,and a normal expected life of one year or more; hardback-covered bound books that are circulated to students or the general public,with a value or cost of 525.00 or more;and uncirculated hardback-covered bound books,with a value or cost of$250.00 or more). ii. Title to Non-Expendable Property. Title(ownership)to all non-expendable property acquired with funds from this Contract shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Contract unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A, Scope of Work. Vendor Contract-GOVERNMENTAL ENTITY Ver.September 2020 Page 8 of2l FWC Contract No. 20059 14. RELATIONSHIP OF THE PARTIES. A. Independent Contractor.The Contractor shall perform as an independent contractor and not as an agent.representative,or employee of the Commission. The Contractor covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Contractor and the Commission. B. Contractor Training Qualifications. The Contractor agrees that all Contractor employees,subcontractors,or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The Commission may refuse access to,or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The Commission in coordination with the Contractor may reject and bar from any facility for cause any of Contractor's employees,subcontractors,or agents. D. Commission Rights to Assignor Transfer.The Contractor agrees that the Stale of Florida shall at all times be entitled to assign or transfer its rights,duties,or obligations under this Contract to another governmental agency in the State of Florida,upon giving prior written notice to the Contractor. E. Commission Rights to Undertake or Award Supplemental Contracts.The Contractor agrees that the Commission may undertake or award supplemental contracts for work related to the Contract. The Contractor and its subcontractors shall cooperate with such other contractors and the Commission in all such cases. 15. SUBCONTRACTS. A. Authority. Contractor is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. The Contractor shall ensure, and provide assurances to the Commission upon request, that any subcontractor selected for work under this Contract has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Contract. The Contractor must provide the Commission with the names of any subcontractor considered for work under this Contract; the Commission in coordination with the Contractor reserves the right to reject any subcontractor. The Contractor agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Contractor further agrees that the Commission shall not be liable to the extent allowed by law, to any Vendor Contract-GOVERNMENTAL ENTITY Ver.September 2020 Page 9 of21 FWC Contract No. 20059 subcontractor for any expenses or liabilities incurred under the subcontract and the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. Contactor Payment to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, the Contractor agrees to make payments to the subcontractor upon completion of work and submitted invoice in accordance with the contract between the Contractor and subcontractor. Failure to make payment pursuant to any subcontract will result in a penalty charged against the Contractor and paid to the subcontractor in the amount of one-half of one percent(050%)of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent(15%)of the outstanding balance due. C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with the Contractor shall retain the right to reject any of the Contractor's or subcontractor's employees whose qualifications or performance, in the Commission's judgment,are insufficient. D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above, the Contractor agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent,servant,joint venturer,or partner of the State of Florida. 16. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Contract includes State funding;and by Federal law,as indicated. A. Disclosure of Interested State Employees. This Contract is subject to Chapter 112, F.S. Contractors shall provide the name of any officer,director, employee,or other agent who is affiliated with this project and an employee of the State of Florida. B. Convicted Vendors. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Contractor shall have a continuing obligation to disclose,to the Commission, in writing,if it, its principals,recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to Section 287.133(3)(d),F.S. i. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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,F.S.,for Category Two for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 10 of2l FWC Contract No. 20059 http://www.dms.myforida.com/business operations/state purchasing/vendor inform ation/convicted suspended discriminatory complaints vendor lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133.F.S. C. Vendors on Scrutinized Companies List. i. Scrutinized Companies. Contractor certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Contractor agrees to observe the requirements of Section 287.135, F.S., for applicable sub- agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135,F.S.,the Commission may immediately terminate this Agreement for cause if the Contractor, its affiliates,or its subcontractors are found to have submitted a false certification;or if the Contractor, its affiliates,or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8),F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. D. Discriminatory Vendors. Contractor shall disclose to the Commission,in writing,if they, their contractor,or subcontractor,are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d),F.S."An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal. or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals, or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S. Contractor has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. E. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings.Throughout the term of the Contract,the Contractor has a continuing duty to promptly disclose to the Commission's Contract Manager, in writing,upon occurrence,all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings)relating to or affecting the Contractor's ability to perform under this contract. If the existence of such Proceeding causes the Commission concern that the Contractor's ability or willingness to perform the Contract is jeopardized, the Contractor may be required to provide the Commission with reasonable assurances to demonstrate that: a.) The Contractor will be able to perform the Contract in accordance with its terms and conditions; and, b.)The Contractor and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 11 of21 FWC Contract No. 20059 17. INSURANCE. The Contractor warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state law and that such insurance or self-insurance offers protection applicable to the Contractor's officers, employees, servants and agents while acting within the scope of their employment with the Contractor. 18. SPONSORSHIP. As required by Section 286.25, F.S., if the Contractor is a nongovernmental organization which sponsors a program financed wholly or in part by state funds,including any funds obtained through this Contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (the Contractor's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words"State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Contractor's organization. Additional sponsorship requirements may be specified in Attachment A,Scope of Work. 19. PUBLIC RECORDS. A. All records in conjunction with this Contract shall be public records and shall be treated in the same manner as other public records that are under Chapter 119,F.S. B. This Contract may be unilaterally canceled by the Commission for refusal by the Contractor to allow public access to all documents,papers,letters,or other material subject to the provisions of Chapter 119,Florida Statutes,and made or received by the Contractor in conjunction with this Contract, unless exemption for such records is allowable under Florida law. C. If the Contractor meets the definition of"Contractor" in Section 119.0701(1)(a) F.S, the Contractor shall comply with the following: i. IF TILE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850-488-6553, RecordsCustodianc mvfwc.com, and 620 South Meridian Street, Tallahassee FL 32399 ii. Keep and maintain public records required by the Commission to perform the service. iii. Upon request from the Commission's custodian of public records,provide the Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.or as otherwise provided by law. iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 12 of21 FWC Contract No. 20059 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 Commission. v. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must he provided to the Commission, upon request from the Commission's custodian of public records,in a format that is compatible with the information technology systems of the Commission. 20. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor. understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractors business or financial records, documents, or files of any type or form that refer to or relate to the Agreement.The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 21. SECURITY AND CONFIDENTIALITY. The Contractor shall not divulge to third Parties any clearly marked confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work. To ensure confidentiality, the Contractor shall take appropriate steps regarding its personnel, agents, and subcontractors.The warranties of this paragraph shall survive the Contract. 22. RECORD KEEPING REQUIREMENTS. A. Contractor Responsibilities. The Contractor shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract, in accordance with generally accepted accounting principles. B. State Access to Contractor Books,Documents,Papers,and Records.The Contractor shall allow the Commission,the Chief Financial Officer of the Stale of Florida,the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of Contractor's books, documents, papers, and records, including electronic storage Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 13 of21 FWC Contract No. 20059 media, as they may relate to this Contract, for the purposes of conducting audits or examinations or making excerpts or transcriptions. C. Contractor Records Retention. Unless otherwise specified in the Scope of Work, these records shall be maintained for five(5)fiscal years following the close of this Contract,or the period required for this particular type of project by the General Records Schedules maintained by the Florida Department of State(available at:http://dos.myflorida.com/library- archives/records-managemeno'general-records-schedulesQ, whichever is longer. Contractor shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Contractor Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Contract, The Contractor shall include the aforementioned audit and record keeping requirements in all subcontract agreements. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Contract must comply with the Federal Funding Accountability and Transparency Act(FFATA)of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending.gov. Grant recipients awarded a new Federal grant greater than or equal to S25,000.00 awarded on or after October 1,2010 are subject to the FFATA. Contractor agrees to provide the information necessary,over the life of this Contract, for the Commission to comply with this requirement 23. FEDERAL COMPLIANCE. As applicable, Contractor shall comply with all federal laws,rules, and regulations, including but not limited to: i. Clean Air Act and Water Pollution Control Act. All applicable standards,orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water Pollution Control Act(33 U.S.C. 1251-1387,as amended). ii. Lacey Act,16 U.S.0 3371-3378. This Act prohibits trade in wildlife,fish and plants that have been illegally taken,possessed,transported or sold. iii. Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. iv. Migratory Bird Treaty Act, 16 U.S.C.703-712. The Act prohibits anyone,unless permitted,to pursue,hunt,take,capture,kill,attempt to take,capture or kill,possess, offer for sale,sell,offer to purchase,deliver for shipment,ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of carriage, or export,at any time,or in any manner,any migratory bird,or any part,nest,or egg of such bird. v. Endangered Species Act, 16 U.S.C. 1531,et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a"taking"of any listed species of endangered fish or wildlife. Also, generally prohibited are the import,export, interstate,and foreign commerce of listed species. Vendor Contract-GOVERNMENTAL ENTITY Ver.September 2020 Page 14 of 21 FWC Contract No. 20059 24. FEDERAL FUNDS.This Contract relies on federal funds,therefore,the following terms and conditions apply: A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Contractor is not authorized to expend any federal funds under this Contract to a federal agency or employee without the prior written approval of the awarding federal agency. B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13. 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). Applicable, except as otherwise provide under 41 CFR Part 60, to any grant, contract, loan, insurance,or guarantee involving Federal assisted construction. C. Davis-Bacon Act. The Davis-Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5. Applicable to contractors and subcontractors performing on federally funded or assisted contracts in excess of$2,000.00 for the construction, alteration, or repair(including painting and decorating) of public buildings or public works. Under this Act, contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. D. Copeland"Anti-Kickback Act. The Copeland"Anti-Kickback"Act,40 U.S.C.3141-3148, and 3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5). Applicable to contracts awarded by a non-Federal entity in excess of 6100,000.00 that involve employment of mechanics or labors. Under this Act, contractors and subrecipients are prohibited from inducing,by any mean,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. E. Contract Work Hours and Safety Standards Act Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act(40 U.S.C. 327-330)as supplemented by Department of Labor regulations (29 CFR part 5). Applicable to construction contracts awarded by Contractors and subcontractors in excess of$2,000.00, and in excess of$2,500.00 for other contracts which involve the employment of mechanics or laborers.Under this Act,contractors and subcontractors must compute wages of mechanics and laborers(workers)on the basis of a standard forty (40)hour work week; provide workers no less than time and a half for hours worked in excess of the forty (40) hour work week; and not require workers to work in surroundings or work conditions that are unsanitary,hazardous,or dangerous. F. Rights to Inventions Made Under a Contract or Agreement. 37 CFR 401. If the Federal award meets the definition of"funding agreement" under 37 CFR 401.2(a)and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental, developmental,or research work under the"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. Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 15 of 21 FWC Contract No. 20059 G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163,89 Stat. 871). H. Debarment and Suspension Contractor Federal Certification. In accordance with Federal Executive Order 12549 and 2 CFR Part 1400 regarding Debarment and Suspension, the Contractor certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency;and,that the Contractor shall not knowingly enter into any lower tier contract, or other covered transaction,with a person who is similarly debarred or suspended from participating in this covered transaction. I. Prohibition against Lobbying. i. Contractor Certification—Payments to Influence. The Contractor certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989,by or on behalf of the Contractor,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. The Contractor also certifies that they have not engaged any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the Contractor with respect to this Contract and its related federal contract, grant, loan, or cooperative agreement; or, if the Contractor has engaged_any registrant with respect to this Contract and its related Federal contract,grant, loan,or cooperative agreement, the Contractor shall, prior to or upon execution of this Contract, provide the Commission Contract Manager a signed declaration listing the name of any said registrant. During the term of this Contract, and at the end of each Calendar quarter in which any event occurs that materially affects the accuracy of this certification or declaration, the Contractor shall file an updated declaration with the Commission's Contract Manager. If any non-federal funds are used for lobbying activities as described above in connection with this Contract, the Contractor shall submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The Contractor shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. ii. Contractor—Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995,the Contractor agrees to refrain from entering into any subcontracts under this Contract with any organization described in Section 501(c)(4)of the Internal Revenue Code of 1986,unless such organization warrants that it does not,and will not,engage in lobbying activities prohibited by the Act as a special condition of the subcontract. J. Compliance with Office of Management and Budget Circulars. As applicable,Contractor shall comply with the following Office of Management and Budget(OMB)Uniform Guidance (2 CFR 200). Vendor Contract-GOVERNMENTAL ENTITY Ver.September 2020 Page 16 of 21 FWC Contract No. 20059 IL Drug Free Workplace. Pursuant to the Drug-Free Workplace Act of 1988, the Contractor attests and certifies that the contractor will provide a drug-free workplace compliant with 41 U.S.C.81. 25. CONTRACT-RELATED PROCUREMENT. A. PRIDE.In accordance with Section 946.515(6). F.S., if a product or service required for the performance of this Contract is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S_ the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2)and(4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at http://www.pride-enterprises.org. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S.,if a product or service required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2),F.S.,the following statement applies: It is expressly understood and agreed that any articles that are the subject of,or required to carry out,this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413,F.S.,in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract,the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.orp. C. Procurement of Recycled Products or Materials.The Contractor agrees to procure any recycled products or materials which are the subject of or are required to carry out this Contract in accordance with Section 403.7065,F.S. 26. INDEMNIFICATION. If Contractor is a stale agency or subdivision,as defined in Subsection 768.28(2),F.S.,pursuant to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 17 of 21 F W C Contract No. 20059 Party's negligence. If Contractor is not a state agency or subdivision as defined above, the Contractor shall be fully liable for the actions of its agents,employees, partners,or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description,including attorneys' fees,arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by the Contractor,its agents, employees,partners,or subcontractors,provided,however,that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent actor omission of the State or the Commission. However, nothing contained herein shall constitute a waiver by the Commission of its sovereign immunity or the provisions of Section 768.28,Florida Statutes. 27. NON-DISCRIMINATION. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in,be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Contract. 28. SEVERABILITY,CHOICE OF LAW,AND CHOICE OF VENUE. This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible,each provision of this Contract shall be interpreted in such manner as to be effective and valid under applicable law,but if any provision of this Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract. Any action in connection herewith, in law or equity, shall be brought in Leon County,Florida,to the exclusion of all other lawful venues. 29. NO THIRD-PARTY RIGHTS. The Parties hereto do not intend,nor shall this Contract be construed to grant any rights,privileges or interest to any person not a party to this Contract. 30. JURY TRIAL WAIVER. As part of the consideration for this Contract, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Contract,or with the products or services provided under this Contract, including but not limited to any claim by the Contractor of quantum meruit. 31. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Contract if the Contractor knowingly employs unauthorized aliens. 32. EMPLOYMENT ELIGIBILITY VERIFICATION(E-VERIFY). A. Requirement to Use E-Verify. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly require the Contractor to: I.) utilize the U.S.Department of Homeland Security's E-Verify Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 18 of21 FWC Contract No. 20059 system to verify the employment eligibility of all new employees hired by Contractor during the Contract term;and,2.)include in all subcontracts under this Contract,the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E-Verify Online. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding(MOU);the responsibilities and elections of federal contractors,however,may vary,as stated in Article II.D.I.c.of the MOU. There is no charge to employers to use E-Verify. The Department of Homeland Security's E- Verify system can be found online at http://www.dhs.gov/files/programs/gc 1185221678150.shtm C. Enrollment in E-Verify. If the Contractor does not have an E-Verify MOU in effect, the Contractor must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Contract. D. E-Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Contractor's enrollment in the program. This includes maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E-Verify Program (which can be accessed from the "Edit Company Profile"link on the left navigation menu of the E-Verify employer's homepage). E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Contract and the Commission may treat a failure to comply as a material breach of the Contract. 33. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Contract if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Contract. If the delay is excusable under this paragraph,the delay will not result in any additional charge or cost under the Contract to either Party. In the case of any delay the Contractor believes is excusable under this paragraph,Contractor shall notify the Commission's Contract Manager in writing of the delay or potential delay and describe the cause of the delay either: (1)within ten(10)calendar days after the cause that creates or will create the delay first arose.if Contractor could reasonably foresee that a delay could occur as a result; or(2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result,if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion,will determine if the delay is excusable under this paragraph and will notify the Contractor of its decision in writing. No Vendor Contract-GOVERNMENTAL ENTITY Ver.September 2020 Page 19 of 21 FWC Contract No. 20059 claim for damages, other than for an extension of time, shall be asserted against the Commission. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay,disruption,interference,or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased 10 exist,the Contractor shall perform at no increased cost, unless the Commission determines, in its sole discretion,that the delay will significantly impair the value of the Contract to the Commission or the State. in which case,the Commission terminate the Contract in whole or in part 34. ENTIRE CONTRACT. This Contract with all incorporated attachments and exhibits represents the entire Contract of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto,unless otherwise provided herein. In the event of conflict,the following order of precedence shall prevail; this contract and its attachments,the terms of the solicitation and the contractor's response to the solicitation. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 20 of21 FWC Contract No. 20059 IN WITNESS WHEREOF,the Parties hereto have caused this Contract to be executed through their duly authorized signatories on the day and year last wrinen below. MONROE COUNTY BOARD OF COUNTY FLORIDA FISH AND WILDLIFE COMMISSIONERS CONSERVATION COMMISSION Signature Executive Director(or designee) Name: Name: Title: Title: Date: Date: Approved as to form and legality by: tlgiay agmaq trues MONROE VED COUNTY ATTORNEY Quilla Miraliao;„`;02012 o, Date: 2 n2o Commission Attorney Attachments in this Agreement include the following: Attachment A Scope of Work Attachment B Audit Requirements Attachment C Cost Reimbursement Contract Payment Requirements Attachment D Certification of Completion Vendor Contract-GOVERNMENTAL ENTITY Ver. September 2020 Page 21 of2l Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys 1. DESCRIPTION OF GOODS /SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOOD/SERVICES 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 he 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. B. 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 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, sunken and derelict vessels and scattered destroyed/entangled lobster traps. Monroe County (or"Contractor"), 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 or"Commission"), in coordination with U.S. Coast Guard and the Environmental Protection Agency, were responsible for the removal of approximately 800 sunken and derelict vessels. Coordinated efforts between the 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. 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 land-based debris. Version 1.0—June 2013 Page 1 of 9 Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys 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 will be subcontracted to a vendor("Sub-contractor") selected through a competitive solicitation process in conformance with all State and Federal guidelines. This project will require that the Sub-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. C. PROJECT DESCRIPTION The project will commence with the Sub-contractor conducting preliminary assessments of existing debris within the focus area of the project to determine priority locations for targeted removal activities. The Sub-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 to be necessary.Crew activities will be reported through utilization of Daily Work Certification Forms which will provide the central record keeping for cleanup activities. The Sub-contractor will then provide transportation of the collected debris from the Temporary Disposal Site(s)to certified disposal facilities for final disposal. General methodology for debris retrieval along mangrove shorelines in the Florida Kcys includes the use of small skiffs, kayaks or floating platforms fanning out from the primary crew vessel 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 (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 providing an effective means for FWC to reasonably monitor all crew activities on a given day, as necessary. Version 1.0—June 2013 Page 2 of 9 Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys 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 anticipated amount of funding available for the Sub-contractor's activities is$1,135,127. 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 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. Thy—loralla. •rTn..xeamed dielt-r Walla AI._47.96 on se-tA , -tTY-377 .atm.Clatters t.2A MatnM b Qet01{.M1 n at.06 pm10 sant',WaalR-.m' Q • tom. to is an: AiwMl��sv aLJ. a . ; i .�r • �'a` vx sr fa •: ty a , • y 7 Version 1.0—June 2013 Page 3 of 9 Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys Focus Area After consideration by Monroe County. FWC and NOAA, it has been determined that the primary 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 effective use of the limited available funding. 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 bay bottom. Additionally, no debris removal will occur in any canals. Monroe County will assist the Sub-contractor in determining ownership of shoreline properties based on debris sites/areas located. Focus Area Map • • i 1 2 3 4 / s " 1 . <i© onit �© 9 10* 11 12 -- 13 14 ‘r $ C. • non wan wan Irv" trim. Version 1.0—June 2013 Page 4 of 9 Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys Temporary Disposal Sites (TDS) Monroe County will assist the Sub-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 collection barges, into roll-offs, and from there trucks will take the debris for final disposal. The Sub-contractor, in coordination with Monroe County will establish several TDS sites throughout the focus area. By this method, the Sub-contractor may have multiple crews working throughout the focus area throughout the duration of the project. The Sub-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 shoreside location such as boat ramps. At a minimum, TDS sites will be in the vicinity of extraction locations to maximize efficiency in the performance of the work. Hazmat Handling The Sub-contractor may he retrieving and transporting hazardous materials in the performance of the described duties. The Sub-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. • Monitoring The Sub-contractor shall provide all work documentation to Monroe County to verify work and adherence to regulations pertaining to handling of traps,and monitor debris transferred to Temporary Disposal Sites. Monroe County will provide all documentation to FWC. Documentation will be submitted to FWC on a monthly basis, no more than seven (7) business days after the end of each month. FWC will conduct at least one (I) site visit of cleanup activity. 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 Sub-contractor to perform the work described in this Scope of Work. Due to the 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. Version 1.0—June 2013 Page 5 of 9 Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys As applicable, FKNMS staff may provide Best Management Practices (BMP)training for the Sub-contractor and their crews to ensure that safety and environmental protective measures are followed and exhibited throughout the course ofthe project work. DEP and/or FKNMS staff may also be onsite for operations when removing debris from mangroves. Monroe County will coordinate with DEP and FKNMS regarding any need for state and/or federal oversight of operations. D. SUPPORT OF COMMISSION MISSION/RETURN ON INVESTMENT Removal of remaining nearshore and shoreline marine debris from Hurricane Irma will assist in the continued healing of the Florida Keys, an area popular to both local resident and tourists. Focusing on removing trap gear will benefit plants and animals local to the environment. E. DEFINITIONS Monroe County (or Contractor)will,through a competitive solicitation, sub-contract the marine debris removal work to a third party. 2. PRE-ACTIVITY SURVEYS A. The Contractor shall provide FWC documentation of preliminary surveys of debris sites. Written documentation of these pre-activity surveys shall he provided to the FWC Contract Manager prior to any marine debris removal activity. 3. DELIVERABLES A. Deliverable—Marine Debris Retrieval, Collection,Transport, and Disposal Shoreline/nearshore cleanup of marine debris at Authorized Debris Sites including debris retrieval, collection and transfer from crew vessels to Temporary Disposal Site(s), and disposal to a final disposal facility. B. Minimum Level of Performance All marine debris cleanup activity must be documented and follow pre-planning activity. C. Documentation/Criteria Used as Evidence of Performance The Contractor shall provide FWC all documentation and invoices related to cost reimbursement request. Documentation that will be provided to FWC must include: I) Composed Monthly Invoice Sheet, 2) Work Authorization Request Forms. 3) Preliminary Debris Assessment(s) of Authorized Debris Sites, 4) a list of Temporary Disposal Sites utilized, 5) Work Certification Forms (completed daily), 6) Marine Debris Data Collection Forms(completed daily), 7) at least three(3) photos of marine debris removal Version 1.0—June 2013 Page 6 of 9 Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys activities, 8)at least one(I) disposal ticket/receipt for each load of disposed debris, and 9)at least three (3) photos of the disposal operation for each disposal event. Note: documentation 8 and 9 will only be provided once collected debris is transferred from the Temporary Disposal Sites to the final disposal sites. D. Timeline for Completion Documentation will be submitted on a monthly basis, no more than seven (7) business days after the end of each month. 4. FINANCIAL CONSEQUENCES If the Contractor fails to satisfactorily complete any deliverable within the timeframe specified by the Scope of Work, the Commission may impose a financial consequence of ten percent (10%) of the monthly invoice; Disallow all or part of the cost of the activity or action not in compliance; Request refund of previously disbursed payments related to deficiency; Wholly or partly suspend or terminate this agreement; Withhold future task assignments for the project or program. 5. PERFORMANCE FWC will review all documentation provided by the Contractor regarding debris cleanup activities within three(3) business days. 6. RENEWALS AND EXTENSION A. RENEWAL See Contract for applicable terms and conditions related to renewals. B. EXTENSION This contract may be extended for a period not to exceed six(6) months if approved by both FWC and the Contractor. See Contract for applicable terms and full conditions related to extensions. 7. COMPENSATION AND PAYMENT A. COST REIMBURSEMENT The Contractor shall be compensated on a cost reimbursement basis in accordance with the Cost Reimbursement Contract Payment Requirements as shown in the Department of Financial Services, "Reference Guide for State Expenditures" publication. The cost reimbursement requirements section of the Reference Guide is attached hereto and made a part hereof as Attachment B. Version 1.0—June 2013 Page 7 of 9 Attachment A—SCOPE OF WORK Project Name: Post-I Iurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys B. INVOICE SCHEDULE The Contractor shall submit a signed invoice, via e-mail,to the FWC Contract Manager on a monthly basis,no more than seven (7) business days after the end of each month, upon the start of cleanup. The invoice shall include a brief summary of the work performed. the number of days and hours that individual crews worked and the total cost. The invoice shall also include all documentation required for submission in the contract between the Contractor and the Sub-contractor. C. TRAVEL EXPENSES No travel expenses are authorized. D. FORMS AND DOCUMENTATION This section is not applicable. 8. MONITORING SCHEDULE The Contractor will provide FWC documentation verifying marine debris cleanup activities. 9. INTELLECTUAL PROPERTY RIGHTS See Contract for applicable terms and conditions related to intellectual property rights. 10. SUBCONTRACTS The Contractor shall follow all State of Florida procurement laws with respect to awarding contracts in completion of this project. I1. INSURANCE See Contract for applicable terms and conditions related to insurance. 12. SECURITY AND CONFIDENTIALITY Information developed by FWC and its Contractor is public record. 13. RECORD KEEPING REQUIREMENTS The Contractor must retain records related to performance of the Contract for five(5)years following the end of the grant award funding this Contract. 14. NON-EXPENDABLE PROPERTY This section is not applicable and intentionally left blank. 15. PURCHASE OR IMPROVEMENT OF REAL PROPERTY Version 1.0—June 2013 Page 8 of 9 Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys See Contract for applicable terms and condition related to the purchase or improvement of real property. 16. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS A. FEDERAL FUNDS I. This Agreement is funded in whole or in part by a grant from the NOAA Fisheries, CFDA No. 11.022. Therefore, the Contractor shall be responsible for complying with all federal grant requirements as provided in the grant, a copy of which is attached hereto and made a part hereof as Attachment C. It is understood and agreed that the Contractor is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of NOAA Fisheries. 2. The Contractor agrees to follow all requirements of CFR 200, Code of Federal Regulations, for the procurement of commodities or contractual services under this Agreement. B. CERTIFICATE OF CONTRACT COMPLETION The Contractor will be required to complete a Certificate of Completion form (Attachment D) when all work has been completed and accepted.This form must be submitted to the FWC Contract Manager. The remainder of this page intentionally left blank. Version 1.0—June 2013 Page 9 of 9 � i Department of Financial Services 4 _*.q Phi.iHu t { p/mi l IL/JIG/Ty Hurcan ,n ludilD;f • ATTACHMENT B AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE a Note: Rule Chapter ions cited ed therein reiFloridareference Administrative 915146. SlateG Financial691-5 01,Assistance,Fincorporates irpat 2 Pm R artwell2 as the regulations -add - bp Rule- ti9/-S.IIQti. F.dC Ride 69/-S OnI, F,iC, c incorporates 2(FA Part 200. ! Uniform Administrative Requirements. Cost Principles.and Audit Requirements for Federal Awards, including Subpart F- Audit Requirements,2018 Edition,and its related Appendix XI, Compliance Supplement.April 2012 and April 2018. The form and regulations can be accessed via the Department of Financial Services'website at baps:'apps. ldjs.coral as The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission)to the recipient may be subject to audits and/or monitoring by the Commission,as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200.Subpart F-Audit Requirements, and section 215,97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited to,on-site visits by Department of ABC staff, limited scope audits as defined by 2 CFR§200.425,or other procedures. By entering into this agreement,the recipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the Department of ABC. In the event the Department of ABC determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by Department of ABC staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64,and §200.70. 1. A recipient that expends$750,000 or more in federal awards in its fiscal year must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements. EXHIDn Ito this form lists the federal resources awarded through the Department of ABC by this agreement. In determining the federal awards expended in its fiscal year,the recipient shall consider all sources of federal awards, including federal resources received from the Department of ABC. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I,paragraph I,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, DFS-A2-CL Attachment B,Page-1- Rev. 11/I8 Rule 691-5.006,F.A.C. AUDIT REQUI REMEN IS FOR AWARDS OF S T A FL AND FEDERAL FINANCIAL ASSISTANCE the cost of the audit must be paid from non-federal resources(i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). Note The state awarding agency should address other miscellaneous matters affecting audits offederal awards,such as websites with information that would facilitate the recipient's compliance. Part II: State Funded Note: This part is applicable 1f the recipient is a nonstate entity as defined by section 21597(2), F.S. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such recipient(for fiscal years ending June 30,2017,and thereafter), the recipient must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this form lists the state financial assistance awarded through the Department of ABC by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of ABC, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II, paragraph I,the recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30,2017, and thereafter),an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97,F.S,the cost of the audit must be paid from the nonstate entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than state entities). Note: The state awarding agency should address other miscellaneous matters affecting audits of state financial assistance, such as identifying websites with information that would facilitate the recipients compliance_ Part III: Other Audit Requirements Note: This Part should be used to specify anyadditional audit requirements imposed by the state awarding entity that are solely a matter of that state awarding entity's policy(i.e., the audit is not required by federal or state laws and is not in conflict with other federal or state audit requirements). Pursuant to section 215.97(8),ES,state agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with section 215.97, F.S. In such an even( the state awarding agency must arrange for funding the full cost of such additional audits. Part IV: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F-Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR §200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR§200.36 and§200.512. • DFS-A2-CL Attachment B,Page-2- Rev, 11/18 Rule 691-5.006,F.A.C. AE DIT RI,QIII RI-MEN IS FOR AW ARDS OF STA I L AND FEDERAL.FINANCIAL.ASSISTANCE The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the recipient directly to each of the following: a. The Commission at each of the following addresses: Office of Inspector General Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 b. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.gov/ provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the recipient directly to: The Commission at each of the following addresses: Office of Inspector General Florida Fish and Wildlife Conservation Commission Bryant Building 620 5. Meridian St. Tallahassee. FL 32399-1600 4. Any reports,management letters,or other information required to be submitted to the Department of ABC pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General,as applicable. 5. Recipients,when submitting financial reporting packages to the Department of ABC for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements. or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part V: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five(5)years from the date the audit report is issued,and shall allow the Department of ABC,or its designee,the CFO,or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission, or its designee,the DFS-A2-CL Attachment B,Page-3- Rev. 11/18 Rule 691-5.006,F.A.C. AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE CFO,or Auditor General upon request for a period of three(3)years from the date the audit report is issued, unless extended in writing by the Commission. Note_ Records need to he retained for at least five years to comply with record retention requirements related to ' original vouchers as prescribed by the Department of State, Division of Library and Information Services, Bureau of Archives and Records Management. DFS-A2-CL Attachment B,Page-4- Rev. I1/18 Rule 691-5.006,F.A.C. AUDIT RCQI'IRE:MI NT S FOR AN ARDS of- Sl A IE AND FEDERAL FINANCIAL ASSIS!ANCL EXHIBIT I Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Note. If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded. 1. Federal Program A: U.S. Department of Commerce/NOAA CFDA# 11.022. Bipartisan Budget Act of 2018 Amount- $1,300.000.00 2. Federal Program B: not applicable Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Note: If the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below. 1. Federal Program A: 1. Only the goods and/or services described within the attached Attachment A Scope of Work are eligible expenditures for the funds awarded. 2. The Grantee agrees to follow all requirements of CFR 200, Code of Federal Regulations, for the procurement of commodities or contractual services under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws,rules or regulations relating to this marine debris cleanup project. 2. Federal Program B: not applicable Note. Instead of listing the specific compliance requirements as shown above, the state awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws. rules, regulations, etc. For example,for Federal Program A, the language may state that the recipient must comply with specific laws, rules,regulations,etc., that pertains to how the awarded resources must be used or how eligibility determinations are to he made. The state awarding agency, if practical, may want to attach a copy of the specific laws, ndes. regulations, etc., referred to. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Matching Resources for Federal Programs: Note: If the resources awarded to the recipient for matching represent more than one federal program,provide the same information shown below for each federal program and show total state resources awarded for matching. 1. Federal Program A: not applicable DFS-A2-CL Attachment B,Page-5- Rev. 11/18 Rule 691-5.006,F.A.C. AUDIT REQUIREMENTS FOR AWARDS OF Si A IE AND FEDERAL FINANCIAL ASSISTANCE 2. Federal Program B: not applicable Subject to Section 215.97, F.S.: Vole: If the resources awarded to the recipient represent more than one state project,provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S. 1. State Project A: not applicable 2. State Project B: not applicable Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement Are as Follows: Note: List applicable compliance requirements in the same manner as illustrated above for federal resources. For matching resources provided by the Department of ABC for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amounts of the non-federal resources, there may be more than one grouping(i.e., 1, 2, 3, etc.) listed under this category not applicable Note: 2 CFR§200.513 and section 215.97(5), F S_, require that the information about federal programs and state projects included in Exltiarr I be provided to the recipient. For questions regarding Form DFS-A2-CL, contact your FSAA state agency liaison or the Department of Financial Services, Bureau ofAuditing,-at FSAA@MyFloridaCFO.com or(850)413-3060. DFS-A2-CL Attachment B,Page-6- Rev. 1l/18 Rule 691-5.006,F.A.C. FWC Contract No. 20059 Attachment C COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS Pursuant to the February, 2011 Reference Guide far State Expenditures published by the Department of Financial Services, invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the apporoved contract budget. Additionally, the invoice must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the contract. _ FWC is required to maintain the detailed supporting documentation in support of each request for cost reimbursement and to make it available for audit purposes. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for the categories in the approved contract budget may be reimbursed.These expenditures must be allowable (pursuant to law) and directly related to the services being provided. FWC may require more detailed documentation as deemed appropriate to satisfy that the terms of the contract have been met. Listed below are types and examples of supporting documentation: (I) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies. etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the calculation should be shown. For cost reimbursement contracts with another State agency(including State universities): In lieu of the detailed documentation described above,alternative documentation may be submitted to substantiate the costs requested to be reimbursed.This alternative documentation may be in the form of FLAIR reports or other reports containing sufficient detail. Cost Reimbursement Contract Payment Requirements Page 1 of 1 Attachment D O p5N AND lY� ,- FL FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES MANAGEMENT 0 CERTIFICATION OF COMPLETION �L�r/ON GOC�` 1, (Printed Name and Title) representing (Name of Grantee) do hereby certify that the project funded by Grant Number FWC — 20059 has been completed in compliance with all terms and conditions of said Grant Contract. (Signature) (Date) Rev. 12/2013 Attachment B, Page 1 of 1 MONROE COUNTY REQUEST FOR PROPOSALS FOR Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keys ♦ I. � t 7 f t,... ,4 :::: , I, K1Z7 .,.......„.„. 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 DEADLINE FOR PROPOSALS: January 5, 2021 3:00 P.M. 1 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 ES. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.11oridapuhlicnotices.com,a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar at www.dernandstar.com OR w w w,m o n roeco u n t v b i d s.c o m. In response to Covid-I9,the Monroe County Purchasing Department has implemented a new electronic process for receiving and opening sealed bids. Monroe County is committed to continuing to receive and process competitive solicitations while maintaining the health and safety of our employees and those who attend bid openings. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB- BIDS/a monroecounty-B,gov,no later than 3:00 P.M.,on January 5,2021. Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keys 01/05/2021 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 OMB-BIDS4imonroecounty-Rgov, in advance of the bid opening please email: omb- purchasingrdmonroecomuy-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 h ttps://m cbocc.zoo m.u s/i/4509326156 Meeting ID: 4509326156 One tap mobile: +16465189805„45093261564 US(New York) +16699006833„4509326156#US(San Jose) Dial by your location: +l 646 518 9805 US(New York) +I 669 900 6833 US(San Jose) Publication dates: Key West Citizen: Sat., 11/21/2020 Keys Weekly: Thur., 11/19/2020 News Barometer: Fri.,11/20/2020 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 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 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: Hitch ins-Celia anmonroecounty-fI.gov. 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. 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. DISPLAY AD - PLEASE PUBLISH ONE (1) TIME ONLY: Key West Citizen (867) Publish Wednesday, December 23, 2020 3 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. - - 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. Monroe County anticipates for the work to begin immediately on contract execution, tentative scheduled for February 17, 2021. The work must be completed as quickly as possible, but no later than June 30, 2021. 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 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. 4 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. Further details/requirements are outlined in the sections below. 2. Addenda /Ilndate . Any and all addenda will be added to the RFP posting on the MCBOCC web site at: www.monroecountvbids.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.monroecountvbids.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. 3. Dackaround: 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 5 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 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. c. Acknowledgment of Insurance Requirements By submitting a proposal, ProposerNendor 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"). 6 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 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- BI DS(a?monroecounty-fl.gov. 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 will not be considered. iv. The subject line on all e-mails must read as follows: RFP —Sealed Proposal for Post-Irma Marine Debris Removal Services. Any emails 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- PURCHASING(gmonroecounty-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 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 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 7 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: 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: Hitchins-CelidMonroeCountv-FLgov. 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 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 8 continue this process until an agreement is reached. Hi. 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. 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 Pate 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 5. The Proposer Must Aaree: 1. That in no case may the Service be offered except by persons and 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 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 9 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. 7. All records are the property of the MCBOCC and must be returned to the MCBOCC upon the completion or termination of the Agreement 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 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 10 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. 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 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. 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. 11 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. 27. In the event of litigation or adversarial administrative proceedings against MCBOCC in connection with, in relation;to, orarising 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 with the requirements and instructions contained herein. A Proposal may be found to be non-responsive by reasons, 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 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 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 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. vi. The Director of Purchasing reserves the right to waive minor informalities or irregularities in proposals, provided that such action is in the best 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. 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 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 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 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 Commission. 10. Validity of Proposals 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 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 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 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. c. MCBOCC reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses which contain modifications, are 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. 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 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. f. Signature of the Respondent: The Respondent must sign the response forms in the spaces provided for the signature. If the Respondent is a business organization (e.g., corporation, etc.), the title of the managing member and/or officer signing the Proposal on behalf of the entity must 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, 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 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. 14. Evaluation Criteria a. Response Format: 16 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: A. Cover Page A cover page that reads "Proposal for Post-Irma Marine Debris Removal Services". The cover page should contain Respondent's name, address, telephone number, and the name 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 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 authorized to bind the firm. Failure to meet this requirement may result in disqualification. Tab 2. Relevant Qualifications, Experience, and Service Description. 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. 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 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. VII. 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. Tab 3. Performance Record and References Each Respondent shall provide a list of past projects, including details of any related 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 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 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 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. 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. (iii)Has the Respondent or any entity previously owned, operated or directed by any of 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 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: Certification Regarding Debarment or Suspension (Attachment A) II. Condition of Submitting Proposal (Attachment B) 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) VII. Insurance and Indemnification Statement b. Evaluation Criteria (Factors) 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. 21 sc .r�. + & , to- '. v 3v, Wei dM.{4e r` 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 ya } t (:4( :,--." r ' �� ` r= 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 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. 15. Award of Contract 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. 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 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 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. 23 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). 3. The Proposer shall provide immediate written notice to the MCBOCC Director of 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. 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 erroneous certification, in addition to other remedies available to MCBOCC's Director of Purchasing may terminate the Agreement resulting from this solicitation for default. Printed Name of Representative: Signature/Date: / Company Name: Address: City/State/Zip: SSN or EIN No: 24 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 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. 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. 5. It shall be bound by all statements, representations, warranties, and guarantees made in its Proposal. 6. Proposer acknowledges that the Agreement may be canceled at any time, if any conflict of interest or appearance of a conflict of interest is discovered by MCBOCC, in its sole discretion. 7. All purchase orders must be duly authorized and executed by MCBOCC and subject to 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. VENDOR LEGAL NAME: AUTHORIZED SIGNATURE: DATE: PRINT NAME: TITLE: ADDRESS: CITY, STATE,ZIP: PHONE: EMAIL: 25 ATTACHMENT C LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (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 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." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 0 online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 26 ATTACHMENT D NON-COLLUSION AFFIDAVIT 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: 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 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 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. (Signature of Respondent) (Date) STATE OF: COUNTY OF: 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: • 27 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 nob contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF (Signature of Respondent) 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 28 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." 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) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of O physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 29 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, 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. 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 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, was/were responsible for the removal of approximately 800 sunken and derelict vessels. Coordinated efforts between the 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 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 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: 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. 1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a manner that they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable 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 acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 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's 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 notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent 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 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. 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 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. 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$ I day/crew multiplied by the Number of 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 $ /day/crew x # of crews = $ /day 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 may 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 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: IA)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. (6) Consulting, lobbying,travel and lodging are specifically excluded from payment. Payment shall be made only for services provided and there are no reimbursable items. (C)CONTRACTOR's final invoice must be received no later than June 30, 2021. 3.3 Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Ad. 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 LEI must be provided): (A) 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; U, If a corporate entity or similar business organization, evidence of annual election of officers and directors; (C) If a corporate entity, the entity's Articles of Incorporation and Bylaws; (D) The entity's Policies and Procedures Manual, which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (E) Cooperation with County monitoring visits that the County may request during the contract year; and LE) 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. 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 33 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 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. 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 assessments shall be imposed as if the work commenced on the specified date and time. 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 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. 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. 6.2.0 General Liability Insurance 6.2.1 As a prerequisite 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. 34 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 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 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. 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 a Workers' Compensation policy. 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 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 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 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 endorsed to provide coverage for the legal liability of the ship-owner. The minimum limits acceptable shall be: $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. 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 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 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 CONTRACTORS Excess Insurance • Program. 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 insurance for subcontractors. 6.2.9 The CONTRACTOR shall provide to the COUNTY certificates of insurance and/or a copy of 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. Article 7. Staffing. Since this contract is a service agreement, staffing is of paramount importance. 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. (B).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. 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 11 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(g 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. 37 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 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 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 damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. 8.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. 8.7 This indemnification shall survive the expiration or early termination of the Contract. 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. 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 this 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 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. 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. 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 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 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: IL,' Failure to provide services as described in this Agreement. (B1 Failure to comply with local, state, or federal rules or regulations. (CI 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, 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 the 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 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 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. - The CONTRACTOR shall also allow the County to inspect the CONTRACTOR's facilities, equipment, or vessels at any reasonable time. 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 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 "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 the 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 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 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: al Keep and maintain public records that would be required by the COUNTY to perform the service. 21 Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 131 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. f44 Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. 151 A request to inspect or copy public records relating to a COUNTY Contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. 41 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 TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN an.MONROE000NTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST. FL 33040. Article 18. Compliance with Law. In providing all services pursuant to this Agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. The CONTRACTOR shall possess proper 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. al 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. f Bj 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. (C) 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. 42 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 12'h St., Suite 408 Key West, FL 33040 Planning & Environmental Key West, FL 33041 Resources Department 2798 Overseas Hwy. Marathon, FL 33050 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. 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 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"). 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. 43 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, contractual or otherwise, with or any rights in favor of, any third party. 24.1.3 Termination. 2_, 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. SB)The COUNTY may cancel this Contract without cause by giving the CONTRACTOR sixty (60) days'written notice of its intention to do so. 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 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, 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. 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 may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the 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 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 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 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 290ee3), 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, 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. 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. 45 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 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: 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 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 "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 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 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 employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to 47 be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 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 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. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA) and the Federal 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 under statutory or regulatory authority other than Executive Order 12549. 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 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 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 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 DBEs 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 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 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: (1) Placing Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the 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 • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); • 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 or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. • • DHS Seal, Logo, and Flags. The CONTRACTOR shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. • Changes to Contract. The CONTRACTOR understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. • 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. 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 provision for waiver. 51 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 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. 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, 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 18th 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 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 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. 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 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 application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this 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 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. 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, 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. 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 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 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 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. (SEAL) BOARD OF COUNTY COMMISSIONERS OF KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA As Deputy Clerk Mayor Heather Carruthers YO/,NpRROEECOCGOUNNT ATTORNEY Vc• Cow ' iu 29 By: Signature: Witness (Print Name) By: On behalf of: Witness (Signature) STATE OF COUNTY OF The foregoing instrument was acknowledged and attested before me this day of 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 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. I ligh 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, 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. 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 removal of approximately 800 sunken and derelict vessels. Coordinated efforts between the 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. 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- land-based debris. 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 will be subcontracted to a vendor ("Contractor") selected through a competitive solicitation process in conformance with all State and Federal 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. 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 shorelines. Project Description -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 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. General methodology for debris retrieval along mangrove shorelines in the Florida Keys includes the use of small skiffs, kayaks or floating platforms fanning out from the primary crew vessel 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 (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 providing an effective means to reasonably monitor all crew activities on a given day,as necessary. 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 anticipated amount of funding available for the Contractor's activities is $1,135,127. 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 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. Tnp Removal toouwu I oTnps Removed fr(;:. 1-le vein stistilWind IvoIra-11-N r dM301a.Q-65 -95.1n i+n-art 4�H of Trap Oaten 1.25 Obsened1.watlh1.r la-is Jr per isW 'Scell 11-110 alas yrr 0 flt: M wIft yRlomm r s Jam= rg + rr It" n . 5 w�ear cnr r rm � 9 • . • ��:. 00000 et moo?, v 7,a H • 3c - t ' r. ro tM1'Ns, 4 Yt 's awn e Focus Area After consideration by Monroe County, FWC and NOAA, it has been determined that the primary 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 effective use of the limited available funding. 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 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 Map P 1 fl a f a 2 3 4 • a i A i • Y ,l M ?'.. 'x r 11 12 13 14 r 1r'. t., i anon non WA',IV WIT./ 81.tIVVI WIWI' 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 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 throughout the focus area. By this method, the Contractor may have multiple crews working 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 shoreside location such as boat ramps. At a minimum, TDS sites will 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: • Marathon- Keys Fisheries (hayside;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) f l� 0-, ai:ly, .,..e - • a• t t yr �F• -tt - oar `• C.' t - - • . i Marathon—Ke s Fisheries Bi. Pine Ke Swimmin. Hole • 5- n J Ramrod Ke —Commercial Fishin: Area Cudjoe Key—Blimp Road Boat Ramp x x t Su larloaf Ke —Samm 's Creek Landin 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 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 and exhibited throughout the course of the project work. DEP and/or FKNMS staff may also be onsite for operations when removing debris from mangroves. Monroe County will coordinate with DEP and FKNMS regarding any need for state and/or federal oversight of operations. Project Tasks&Associated Deliverables Task#1 —Preliminary Debris Assessments,Work Authorization Requests &Temporary Disposal Sites • Subtask A- The Contractor shall conduct Preliminary Debris Assessments of Potential Debris Sites within each grid cell identified on the Focus Area Map above. 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: i. Descriptive data of each Debris Site including description and length of shoreline, debris type(s), and estimated debris quantity (in cubic yards); ii. Locational (latitude/longitude)data of each Debris Site including preliminary photographic and video documentation of each site. Photographs and video footage shall be geo-referenced with GPS coordinates and shall be taken at/from specific locations and at specific debris locations along the length of the shoreline. (NOTE: Identical documentation will he required post-removal Jbr 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 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(I) 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. • 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 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 constraints by the Contractor,this shall be noted in the Work Authorization Request Form. 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. i% Deliverable—The Contractor shall provide Work Authorization Request Forms for 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 he submitted. Approval shall be granted via signed Work Authorization Request Form(s). The Contractor shall not proceed with work until Monroe County has provided authorization.Authorization by Monroe County shall be based on funding availability and other logistical considerations. The final Work 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) 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 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. 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 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 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 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 I-2 feet of water). Debris shall be placed aboard skiffs/kayaks and transferred to the primary 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 to roll off containers located at Temporary Disposal Sites (TDS). All cleanup activities shall be completed no later than June 8,2021. • Subtask B—The Contractor(and/or each crew manager)shall complete a Daily Work Certification Form for each crew. The form shall include (at a minimum)the date and location of work; crew ID name/number; crew member names; hours of work on 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 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. At least one (I) 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. • 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 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(I) Marine 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 Reports under Subtask F below. Final documentation shall he 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 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 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 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 shall be identical to the data collected under the Preliminary Debris Assessment for each site including location, orientation, date/time stamp and geo-referencing. ➢ 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 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 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. ➢ Deliverable — The Contractor shall provide Monroe County one (I) 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. 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 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. • 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. b Deliverable — The Contractor shall provide Monroe County one (I) 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 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. • Subtask C—The Contractor shall take photos of each phase of the disposal 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 each disposal event for review and approval prior to final 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. Pricing/ Fee Schedule 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. 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 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 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. !Fee Schedule Daily Rate Per Crew Number of Crews Total Daily Rate $ /day/crew x #of crews = $ /day 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. 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 #2. 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 #2 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 Due to the COVID-I9 virus, all parties participating in the debris removal project shall adhere to 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 federal government, and Monroe County, Florida. D.1 `, County of Monroe y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting December 9, 2020 Agenda Item Number: D.1 Agenda Item Summary #7495 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505 n/a AGENDA ITEM WORDING: Approval of a Grant Agreement ("Agreement") between the Florida Fish and Wildlife Conservation Commission (FWC) and the Monroe County, providing $1,300,000 for a marine debris cleanup project along shorelines and nearshore waters affected by Hurricane Irma. ITEM BACKGROUND: On September loth, 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 sought under a Request for Proposals (RFP) which is also on the Board's agenda. No match is required by the County for this funding. The 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 Contractor 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 work must be completed no later than June 30th, 2021. Under separate authorization by the Board, staff will begin the RFP process for vendor selection. Staff requests approval by the Board to Packet Pg.960 D.1 accept this grant funding from FWC. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: H_FWC 20059 Vendor Contract_rcvd 10-29-20 I_FWC 20059_Attachment A_Scope_rcvd 10-29-20 J FWC 20059 Attachment B Cost Reimburs K_FWC 20059_Attachment C_Requirements of Fed L_FWC 20059—Attachment D_Cert of Completion FINANCIAL IMPACT: Effective Date: Upon final execution Expiration Date: June 30, 2021 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: N/A Additional Details: none REVIEWED BY: Emily Schemper Completed 10/29/2020 1:30 PM Peter Morris Completed 11/02/2020 4:19 AM Packet Pg.961 D.1 Assistant County Administrator Christine Hurley Completed 11/02/2020 7:33 AM Purchasing Completed 11/02/2020 8:12 AM Budget and Finance Completed 11/02/2020 8:15 AM Maria Slavik Completed 11/02/2020 10:18 AM Liz Yongue Completed 11/02/2020 11:33 AM Board of County Commissioners Completed 11/17/2020 9:00 AM Board of County Commissioners Pending 12/09/2020 9:00 AM Packet Pg.962 D.1.a FWC Contract No. 20059CIick here to enter Contract Number STATE OF FLORIDA ��— FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION CONTRACT No. 20059 The FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION,whose address is 620 0) South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and Monroe Co mty Board of County Commissioners. FEI 59-60007 9 whose address is 500 Wln teliead Street, Kev West, 0 F1� 33040,hereinafter"Contractor", collectively, "Parties". M INTRODUCTORY CLAUSES 0 The Commission and Contractor intend to partner together to coordinate tiic removal of rennainin slioreCine and nears[iore near ne debris associated N th hurricane lrna Nvf'liin the l-'lo rda Keys; U The Commission has awarded this Contract _ pursuant to the requirements of Sections 287.057, Florida Statutes; and Such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. TERMS OF THE CONTRACT The Commission and the Contractor,for the considerations stated in this Contract,agree as follows: 1. PROJECT DESCRIPTION. The Contractor shall provide the services and products, and perform the specific responsibilities c and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof(hereafter, Scope of Work). The Scope of Work, Attachment A specifically identifies a. project tasks and accompanying deliverables. These deliverables must be submitted and approved 0. e( by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the N criteria for evaluating the successful completion of each deliverable. If this Contract was competitively procured, the Contractor's response to the Commission's solicitation is hereby incorporated by reference. U 2. PERFORMANCE. A. Contractor Performance. The Contractor shall perform the activities described in the 0 Scope of Work, Attachment A in a proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, Attachment A, any and all equipment, products or materials necessary or appropriate to perform under this Contract shall be supplied by the Contractor. Contractor shall obtain all necessary local, state, and federal authorizations >i necessary to complete this project, and the Contractor shall be licensed as necessary to LO perform under this Contract as may be required by law,rule, or regulation; the Contractor N shall provide evidence of such compliance to the Commission upon request. The U Contractor shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Contract. By acceptance of this Contract, the s� Contractor warrants that it has the capability, integrity and reliability to assure good-faith �. performance. Contractor shall immediately notify the Commission's Contract Manager in W writing if its ability to perform under the Contract is compromised in any manner during the term of the Contract. The Commission shall take appropriate action,including potential Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 1 of 21 Packet Pg.963 D.1.a FWC Contract No. 20059Click here to enter Contract Number termination of this Contract pursuant to paragraph ten (10) Remedies,below, in the event the Contractor's ability to perform under this Contract becomes compromised. B. Contractor Responsibilities. The Contractor agrees that all Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, W Contractor shall furnish a copy of technical certification or other proof of qualification. All S employees, subcontractors, or agents performing work under the Contract must comply 0 with all security and administrative requirements of the Commission. The Commission may conduct, and Contractor shall cooperate in, a security background check or otherwise cu assess any employee,subcontractor,or agent furnished by Contractor for this scope of work E (on this project). The Commission in coordination with the Contractor may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, a. technical or training qualifications, quality of work, change in security status, or non- 0 compliance with the Commission's security or other requirements. Such refusal shall not relieve Contractor of its obligation to perform all work in compliance with the Contract. The Commission may reject and bar from any facility for cause any of Contractor's employees, subcontractors,or agents. C. Commission Rights to Assign or Transfer. Contractor agrees that the State of Florida m shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Contract to another governmental agency in the State of Florida,upon giving prior written CD notice to Contractor. 3. CONTRACT PERIOD. 0 A. Contract Period and Limited Obligation Period. This Contract shall begin upon > execution by both Parties or i`12 i/2`�2`�(whichever is later)and end`�6/0/2`�2 i,inclusive. � The Commission shall not be obligated to pay for costs related to this Contract prior to its beginning date or after its ending date. cv B. Renewal — Competitive Procurement. If this Contract was competitively procured pursuant to Section 287.057, Florida Statutes, the renewal price(s) must be set forth in the Contractor's response to the Commission's bid document. The renewal price(s) for this Contract are included in the Scope of Work, Attachment A. If applicable, renewal of this �? Contract shall be subject to the availability of funds, satisfactory performance evaluations by the Commission, and at the discretion of the Commission;it must also be in writing and subject to the same terms and conditions of this Contract. Renewal amendments must be executed prior to the end date of the Contract. Any costs associated with a renewal may not be passed onto the Commission. C. Renewal — Exceptional Purchase. If this Contract was procured by an exceptional >i purchase pursuant to Subsections 287.057(3)(a) or (3)(c), Florida Statutes (F.S.), it may LO not be renewed. Subsection 287.057(13), F.S.,provides that contracts for commodities or N contractual services may be renewed for up to three (3) years, or for a total term not to exceed the original Contract period, whichever is longer. If applicable, renewal of this Contract shall be subject to the availability of funds, satisfactory performance evaluations si by the Commission, and at the discretion of the Commission;it must also be in writing and subject to the same terms and conditions of this Contract. Renewal amendments must be executed prior to the end date of the Contract. Any costs associated with a renewal may E not be passed onto the Commission. Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 2 of 21 Packet Pg.964 | | FWC Contract No. 20059Click here tw enter Contract Number / D. Renewal Period,This Contract E. Extension. lf this ia o Contract for contractual services, any extension ofdda contract as ° provided for in the Scope of Work, Attachment A shall bcinwriting for o period not to exceed six(6)months and shall be subject to the same terms and conditions set forth in the initial Contract. There shall be only one extension of this Contract unless the failure to zucct the odtcdo act forth in the Contract for completion of the Contract is due to events U) beyond the oonUn|of the Contractor. 4' COMPENSATION AND PAYMENTS' CL A. Compensation. As consideration for the acrvioca rendered by the Contractor under the 0 tcoua of this Contract, the Commission ahoU pay the Contractor on a cost ret'fribursefrient B. Poymueotx, The Commission shall pay the Contractor for satisfactory performance ofthe � toaba identified inthe Scope of Work, Attachment A, as evidenced bvthe oozup|ctcd deliverables, upon submission of invoices, 0000zuponicd by supporting documentation sufficient to Joadfv invoiced cxpcnaca or fees, and after 000cptanoc of acrvioca and dc|ivcrob|ca in writing by the Cozuzuiaaion`a Contract Manager, identified in paragraph cp c|cvcn (||), bc|ox'. Uo|caa otherwise specified inthe Scope of Work, Attachment A, invoices shall be due monthly, commencing ftnm the start date of this Contract. Invoices � 0 zuoat be legible and zuoat o|cody reflect the goods or acrvioca that were provided in � 0000rdonoc with the tcoua of the Contract for the invoice period. i]n|caa otherwise apcd�cdinthc Scope of\�ork, A�oohzucntA, o �nd invoioc and| bc submitted the Commission no later than forty-five(45)days following the expiration date of this Contract0. to assure the availability of funds for payment.Costs under this Contract must bcobligated, and all work completed by the Contractor by the end of the Contract period identified in ~� paragraph three (3). C. Uo��c�x Each invoice and| include the Commission Contract 7�uo�bcr and the , , Contractor's Federal Employer Identification (FElD)Number. Invoices, with supporting documentation, may be submitted c|coUnniod\v to the attention of the Commission's � | Contract Manager identified in Paragraph eleven(||)below. lf submitting hard copies, on original and two (2) copies ofthe invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Contract and| be submitted in detail 0 � sufficient for o proper pre-audit and post-audit thereof Contractor acknowledges that the Cozuzuiaaion`a Contract Manager shall rejectinvoioca lacking documentation necessary to oatifvinvoiocdexpenses. � | D. Travel Expenses.If authonized in the Scope of Work,Attachment A,travel expenses shall LO CD be reimbursed in 0000nionoc with Section 112.061, P.S. CD E. State Obligation to Pay. The State ofP|oddo`a pcdoouonoc and obligation to pay under this Contract is contingent upon on annual appropriation by the lcgia|oburc. The Parties hereto understand that this Contract and any renewal thereof is not a commitment to future appropriations but is aobicot to appropriation and authority to spend provided by the lcgia|oburc. The Commission shall bc the find authority oatothe availability of funds for this Contract, and oato what constitutes an "annual appropriation" offunds to complete Vendor Contract' GOVERNMENTAL ENTITY \/cr. September 2020Pogc 3 of21 D.1.a FWC Contract No. 20059C1ick here to enter Contract Number this Contract.If such funds are not appropriated or available for the Contract purpose,such event will not constitute a default on behalf of the Commission or the State. The Commission's Contract Manager shall notify Contractor in writing at the earliest possible time if funds are not appropriated or available. F. Non-Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires W that under non-competitive procurements, a Contractor may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable,the Contractor warrants,by execution of this Contract, that the amount of non-competitive compensation provided in this Contract M E is in compliance with Section 216.3475, F.S. 0 G. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., governing time limits for payment of invoices. U Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the Scope of Work, Attachment A, specifies otherwise. If payment is not available within forty(40) days, measured from the latter of the date the invoice is received or the goods or services are received,inspected and approved, a separate interest penalty set by the Department of Financial Services E pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. H. Electronic Funds Transfer. The Contractor agrees to enroll in Electronic Funds Transfer c (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date > the last Part has signed this Contract.Copies of the Authorization form and a sample blank c Y g p p enrollment letter can be found on the vendor instruction page at: htlp://www.fldfs.com/aadir/direct_deposit_web/Vendors.htm N cv Questions should be directed to the State of Florida's EFT Section at(850)413-5517. Once enrolled, invoice payments will be made by EFT. U I. Vendor Ombudsman.A Vendor Ombudsman,whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial 0 Officer's Hotline, (800) 342-2762. 0 5. MYFLORIDAMARKETPLACE VENDOR REGISTRATION AND TRANSACTION FEE. i A. MyFloridaMarketPlace. In accordance with Rule 60A-1.033 of the Florida LO CD Administrative Code (F.A.C.), each vendor doing business with the State for the sale of N commodities or contractual services as defined in Section 287.012, F.S., shall register in U the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033(3), F.A.C. Information about the registration process is available, and registration may be completed, at the MyFloridaMarketPlace website (link under Business on the State portal at www.myflorida.com). Interested persons lacking Internet access may request assistance W from the MyFloridaMarketPlace Customer Service at (866-352-3776) or from State Purchasing, 4050 Esplanade Way, Suite 300, Tallahassee, Florida 32399. Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 4 of 21 Packet Pg.966 D.1.a FWC Contract No. 20059Click here to enter Contract Number B. Transaction Fee. Pursuant to Section 287.057(22), F.S., all payments, unless exempt W under Rule 60A-1.033(3), F.A.C., shall be assessed a Transaction Fee, which the Vendor shall pay to the State. For payments within the State accounting system (Florida Accounting Information Resource, FLAIR, or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Vendor. If automatic W deduction is not possible,the Vendor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, Vendor 0 certifies their correctness. All such reports and payments shall be subject to audit by the U) State or its designee. E 6. RETURN OR RECOUPMENT OF FUNDS. v, 0 CL A. Overpayments to Contractor. The Contractor shall return to the Commission any 0 overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to the Contractor by the Commission. In the event that Contractor or its independent auditor discovers that overpayment has been made, Contractor shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event that the Commission first discovers an overpayment has been made,the Commission will notify the Contractor in writing. Should E repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Contract Manager and made payable to the "The Florida Fish and Wildlife Conservation Commission." 0 B. Additional Costs or Monetary Loss Resulting from Contractor Non-Compliance. If > the Contractor's non-compliance with any provision of the Contract results in additional 2 cost or monetary loss to the Commission or the State of Florida to the extent allowed by e( Florida law, the Commission can recoup that cost or loss from monies owed to the Contractor under this Contract or any other contract between the Contractor and the N Commission. In the event that the discovery of this cost or loss arises when no monies are N available under this Contract or any other contract between the Contractor and the Commission,Contractor will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in �? writing, to an alternative timeframe. If the Contractor is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services,for resolution pursuant to Section 17.0415, F.S. 0 U 7. COMMISSION EXEMPT FROM TAXES,PROPERTY EXEMPT FROM LIEN. c The Contractor recognizes that the State of Florida,by virtue of its sovereignty, is not required to >i pay any taxes on the services or goods purchased under the terms of this Contract. Contractor is LO CD placed on notice that this exemption generally does not apply to other parties of this agreement, CD cv contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission Contract Manager. i A. If the Contract involves the improvement of real property titled to the State of Florida,then the following paragraph applies. E Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 5 of 21 Packet Pg.967 D.1.a FWC Contract No. 2009Click here to enter Contract Number The Contractor acknowledges that property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason. The Contractor shall W include notice of such exemptions in any subcontracts and purchase orders issued hereunder. .� 8. MONITORING. The Commission's Contract Manager shall actively monitor the Contractor's performance and 0 compliance with the terms of this Contract. The Commission reserves the right for any U) Commission staff to make scheduled or unscheduled,announced or unannounced monitoring visits. Specific monitoring terms, conditions, and schedules may be included in the Scope of Work, E Attachment A. v, 0 CL 9. TERMINATION. U A. Commission Termination. The Commission may unilaterally terminate this Contract for convenience by providing the Contractor with thirty (30) calendar days of written notice of its intent to terminate. The Contractor shall not be entitled to recover any cancellation charges or lost profits. The Contractor may request termination of the Contract for convenience. E B. Termination—Fraud or Willful Misconduct.This Contract shall terminate immediately in the event of fraud or willful misconduct on the part of the Contractor. In the event of such termination, the Commission shall provide the Contractor with written notice of termination. 0 C. Termination - Funds Unavailability. In the event funds to finance this Contract become unavailable or if federal or state funds upon which this Contract is dependent are withdrawn 0. or redirected, the Commission may terminate this Contract upon no less than twenty-four 0. e( (24)hours' notice in writing to the Contractor. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall N be the final authority as to the availability of funds and will not reallocate funds N appropriated for this Contract to another program thus causing"lack of funds." In the event of termination of this Contract under this provision, the Contractor will be compensated for any work satisfactorily completed and any non-cancellable obligations properly �? incurred prior to notification of termination. D. Termination—Other.The Commission may terminate this Contract if the Contractor fails to: 1.) comply with all terms and conditions of this Contract;2.)produce each deliverable within the time specified by the Contract or extension; 3.)maintain adequate progress,thus c endangering the performance of the Contract; or,4.) abide by any statutory,regulatory,or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and >i consequences for default. The rights and remedies of the Commission in this clause are in LO addition to any other rights and remedies provided by law or under the Contract. Contractor CD cv shall not be entitled to recover any cancellation charges or lost profits. E. Contractor Discontinuation of Activities upon Termination Notice. Upon receipt of i notice of termination,the Contractor shall,unless the notice directs otherwise,immediately discontinue all activities authorized hereunder. Upon termination of this Contract, the Contractor shall promptly render to the Commission all property belonging to the E Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 6 of 21 Packet Pg.968 D.1.a FWC Contract No. 20059Click here to enter Contract Number Commission. For the purposes of this section,property belonging to the Commission shall `" include,but shall not be limited to,all books and records kept on behalf of the Commission. W 10. REMEDIES. A. Financial Consequences. In accordance with Section 287.058(I)(h), F.S., the Scope of W Work, Attachment A contains clearly defined deliverables. If the Contractor fails to produce each deliverable within the time frame specified by the Scope of Work, 0 Attachment A the budget amount allocated for that deliverable will be deducted from the Contractor's payment. The Commission shall apply any additional financial consequences M identified in the Scope of Work, Attachment A. E B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are C 0L in addition to any other rights and remedies provided by law or under the Contract. 0 U 11. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that any Party designates a different Contract Manager after the execution of this Contract, the Party will provide written notice of the name,address,zip code,telephone and fax numbers,and email address of the newest Contract Manager or individual authorized to receive notice on behalf of that Party to all other Parties as soon as possible, but not later than five (5) business days after the new Contract Manager has been named. A designation of a new Contract Manager shall not require a formal amendment to the Contract. C7 FOR THE COMMISSION: FOR THE CONTRACTOR: c Contract Manager Contract Manager LD)e ire RK.eskKo C ft'a fiitcli ns 2 (.ov rnn-lent Operations Consuftant 111 `enf'or Aciflnintstrator Dki's on csC Marf'n i" slicrics 1,Ia a)e�1�nt Monroe County .w. 1875 Orz m� Ave East 2798 Overseas iiN v, `etc 400 cV 'affaliassec. l--i, 32311 Marathon, l-i, 33050 I cN in.R.esko(((" 'lyi-,Wc.cofrI ii tcli ns-Cettait(;flionrc) county-fl.<7)ON U 12. AMENDMENT. A. Waiver or Modification.No waiver or modification of this Contract or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by both Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to >i this Contract. Such changes are subject to the mutual agreement of both Parties as LO evidenced in writing. Any change which causes an increase or decrease in the Contractor's N cost or time shall require an Amendment. Minor changes, such as those updating a parry's contact information, may be accomplished by a Modification. i C. Renegotiation upon Change in Law or Regulations.The Parties agree to renegotiate this Contract if federal and/or state revisions of any applicable laws or regulations make changes in the Contract necessary. E Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 7 of 21 Packet Pg.969 D.1.a FWC Contract No. 20059Click here to enter Contract Number 13. PROPERTY RIGHTS. A. Intellectual and Other Intangible Property. I. Contractor's Pre-existing Intellectual Property (Proprietary) Rights. Unless specifically addressed otherwise in the Scope of Work,Attachment A,intellectual and W other intangible property rights to the Contractor's pre-existing property will remain with the Contractor. 0 ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, E licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Contractor under this Contract for the Commission shall be handled in the manner specified by applicable a. Florida State Statute and/or Federal program requirements. 0 iii. Commission Intellectual Property Rights. Where activities supported by this Contract produce original writing, sound recordings,pictorial reproductions,drawings or other graphic representation and works of any similar nature, the Commission and the State of Florida have the unlimited,royalty-free,nonexclusive,irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any E purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Contract is supported by federal funds, the federal awarding agency reserves a royalty-free,nonexclusive and irrevocable right to reproduce,publish,or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property. c This a r ernent is not for the urchase or irn-provement of read -orop rtv therefore, the . following terms and conditions do not gpply. 0. i. Title. If this Contract is supported by state funds, the Contractor shall comply with N Section 287.05805,F.S. This section requires the Contractor to grant a security interest N in the property to the State of Florida,the type and details of which are provided for in Attachment A, Scope of Work.Title to state-owned real property remains vested in the -> state. i ii. Use. State-owned real property will be used as provided in Attachment A, Scope of Work. c C. Non-Expendable Property. i. Non-Expendable Property Defined. For the requirements of this section of the >i Contract, "non-expendable property" is the same as "property" as defined in Section LO 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non- consumable and non-expendable nature,with a value or cost of$1,000.00 or more,and c, a normal expected life of one year or more; hardback-covered bound books that are circulated to students or the general public,with a value or cost of$25.00 or more; and uncirculated hardback-covered bound books,with a value or cost of$250.00 or more). ii. Title to Non-Expendable Property. Title(ownership)to all non-expendable property acquired with funds from this Contract shall be vested in the Commission and said Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 8 of 21 Packet Pg.970 D.1.a FWC Contract No. 2009Click here to enter Contract Number property shall be transferred to the Commission upon completion or termination of the Contract unless otherwise authorized in writing by the Commission or unless otherwise W specifically provided for in Attachment A Scope of Work. 14. RELATIONSHIP OF THE PARTIES. A. Independent Contractor.The Contractor shall perform as an independent contractor and not as an agent,representative,or employee of the Commission. The Contractor covenants 0 that it presently has no interest and shall not acquire any interest that would conflict in any U) manner or degree with the performance of services required. Each party hereto covenants M E that there is no conflict of interest or any other prohibited relationship between the Contractor and the Commission. a. B. Contractor Training Qualifications. The Contractor agrees that all Contractor 0 employees, subcontractors,or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subcontractors, or agents performing work under m the Contract must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Contractor shall cooperate in, a C' e( security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The Commission may refuse access to,or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the c 76 Commission's other requirements. Such refusal shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The Commission in 0. coordination with the Contractor may reject and bar from any facility for cause any of e( Contractor's employees, subcontractors, or agents. cv D. Commission Rights to Assign or Transfer.The Contractor agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Contract to another governmental agency in the State of Florida,upon giving prior written notice to the Contractor. 2 i E. Commission Rights to Undertake or Award Supplemental Contracts. The Contractor agrees that the Commission may undertake or award supplemental contracts for work 0 related to the Contract. The Contractor and its subcontractors shall cooperate with such other contractors and the Commission in all such cases. c 15. SUBCONTRACTS. >i LO A. Authority. Contractor is )ermitted to subcontract: work under this A reement therefore, the followin terms and conditions a lv. The Contractor shall ensure, and c, provide assurances to the Commission upon request, that any subcontractor selected for work under this Contract has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Contract. The Contractor must provide �. the Commission with the names of any subcontractor considered for work under this Contract; the Commission in coordination with the Contractor reserves the right to reject any subcontractor. The Contractor agrees to be responsible for all work performed and all Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 9 of 21 Packet Pg.971 D.1.a FWC Contract No. 20059Click here to enter Contract Number expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Contractor further agrees that the Commission shall not be liable to the extent allowed by law, to any subcontractor for any expenses or liabilities incurred under the subcontract and the S Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. Contactor Payment to Subcontractor. If subcontracting is permitted pursuant to 0 Paragraph A, above, the Contractor agrees to make payments to the subcontractor upon U) completion of work and submitted invoice in accordance with the contract between the M Contractor and subcontractor. Failure to make payment pursuant to any subcontract will result in a penalty charged against the Contractor and paid to the subcontractor in the amount of one-half of one percent(0.50%) of the amount due per day from the expiration c- of the period allowed herein for payment. Such penalty shall be in addition to actual 0 payments owed and shall not exceed fifteen percent(15%)of the outstanding balance due. U U_ C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with the Contractor shall retain the right to reject any of the Contractor's or subcontractor's employees whose qualifications or performance, in the Commission's judgment, are insufficient. E D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above, the Contractor agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,joint venturer,or partner of the State of Florida. c 16. MANDATORY DISCLOSURE. 2 These disclosures are required by State law, as indicated, and apply when this Contract includes State funding; and by Federal law, as indicated. cv A. Disclosure of Interested State Employees. This Contract is subject to Chapter 112, F.S. Contractors shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. B. Convicted Vendors. Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as 0 defined in section 287.133, F.S., nor placed on the convicted vendor list. Contractor shall have a continuing obligation to disclose,to the Commission,in writing,if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to >i Section 287.133(3)(d), F.S. 'n CD cv i. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or U affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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,F.S.,for Category Two for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. The State of Florida, Department of Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 10 of 21 Packet Pg.972 D.1.a FWC Contract No. 20059Click here to enter Contract Number Management Services, Division of State Purchasing provides listings for convicted, ` suspended, discriminatory and federal excluded parties, as well as the vendor W complaint list at: htip://www.dms.myflorida.com/business_operations/state purchasing/vendor inform ation/convicted_suspended_discriminatory_complaints_vendor_lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the 0 Department of Management Services and the Commission, in writing, within thirty U) (30) days after conviction of a public entity crime applicable to that person or an M affiliate of that person as defined in Section 287.133, F.S. E 0 C. Vendors on Scrutinized Companies List. CL 0 i. Scrutinized Companies. Contractor certifies that it and any of its affiliates are not U scrutinized companies as identified in Section 287.135,F.S. In addition, Contractor agrees to observe the requirements of Section 287.135,F.S., for applicable sub- agreements entered into for the performance of work under this Agreement. Pursuant ?: to Section 287.135, F.S.,the Commission may immediately terminate this Agreement for cause if the Contractor,its affiliates, or its subcontractors are found to have E submitted a false certification; or if the Contractor,its affiliates,or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 0 D. Discriminatory Vendors. Contractor shall disclose to the Commission,in writing,if they, > their contractor,or subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An e( entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; c14 may not submit a bid, proposal, or reply on a contract with a public entity for the N construction or repair of a public building or public work;may not submit bids,proposals, or replies on leases of real property to a public entity;may not be awarded or perform work -> as a contractor, supplier, subcontractor, or consultant under a contract with any public �? entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S. Contractor has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. 0 E. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative c Proceedings.Throughout the term of the Contract,the Contractor has a continuing duty to promptly disclose to the Commission's Contract Manager,in writing,upon occurrence, all >i civil or criminal litigation investigations, arbitration or administrative proceedings LO (Proceedings)relating to or affecting the Contractor's ability to perform under this contract. N If the existence of such Proceeding causes the Commission concern that the Contractor's ability or willingness to perform the Contract is jeopardized, the Contractor may be required to provide the Commission with reasonable assurances to demonstrate that: a.) i The Contractor will be able to perform the Contract in accordance with its terms and conditions; and, b.) The Contractor and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to E the conduct alleged in such Proceeding. Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 11 of 21 Packet Pg.973 D.1.a FWC Contract No. 20059CIick here to enter Contract Number 17. INSURANCE. The Contractor warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state law and that such insurance or self-insurance offers protection applicable to the Contractor's officers, employees, servants and agents while acting within the scope of their employment with the Contractor. 0 18. SPONSORSHIP. E As required by Section 286.25, F.S., if the Contractor is a nongovernmental organization which F sponsors a program financed wholly or in part by state funds,including any funds obtained through 0 this Contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (the Contractor's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Contractor's organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work. 19. PUBLIC RECORDS. A. All records in conjunction with this Contract shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This Contract may be unilaterally canceled by the Commission for refusal by the Contractor to allow public access to all documents,papers,letters,or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor 0 in conjunction with this Contract, unless exemption for such records is allowable under 0. Florida law. C. If the Contractor meets the definition of"Contractor"in Section 119.0701(1)(a) F.S., the Contractor shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC 0 RECORDS RELATING TO THIS CONTRACT, 0 CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850-488-6553, RecordsCustodian( myfwc.com, and >I 620 South Meridian Street, Tallahassee FL 32399 CD CD ii. Keep and maintain public records required by the Commission to perform the U service. iii. Upon request from the Commission's custodian of public records,provide the i Commission with a copy of the requested records or allow the records to be = inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law. Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 12 of 21 Packet Pg.974 D.1.a FWC Contract No. 20059Click here to enter Contract Number IV. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized W 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 Commission. V. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public W records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission upon completion of the contract, 0 the Contractor shall destroy any duplicate public records that are exempt or U) confidential and exempt from public records disclosure requirements. If the M Contractor keeps and maintains public records upon completion of the E contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the a. Commission, upon request from the Commission's custodian of public 0 records,in a format that is compatible with the information technology systems of the Commission. 20. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any E investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor shall provide any type of information the Inspector CD General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement.The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other c authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include but shall not be limited to: salaries of e( investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. cv 21. SECURITY AND CONFIDENTIALITY. The Contractor shall not divulge to third Parties any clearly marked confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work. To ensure confidentiality, the Contractor shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of 0 this paragraph shall survive the Contract. 0 22. RECORD KEEPING REQUIREMENTS. i A. Contractor Responsibilities. The Contractor shall maintain accurate books, records, LO documents and other evidence that sufficiently and properly reflect all direct and indirect costs N of any nature expended in the performance of this Contract, in accordance with generally accepted accounting principles. i B. State Access to Contractor Books,Documents,Papers,and Records.The Contractor shall allow the Commission,the Chief Financial Officer of the State of Florida,the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government E Accountability or authorized representatives of the state or federal government to have access Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 13 of 21 Packet Pg.975 D.1.a FWC Contract No. 20059Click here to enter Contract Number to any of Contractor's books, documents, papers, and records, including electronic storage media, as they may relate to this Contract, for the purposes of conducting audits or 0) examinations or making excerpts or transcriptions. C. Contractor Records Retention. Unless otherwise specified in the Scope of Work, these records shall be maintained for five (5)fiscal years following the close of this Contract,or the W period required for this particular type of project by the General Records Schedules maintained by the Florida Department of State (available at:http://dos.myflorida.com/library- 0 archives/records-management/general-records-schedules/), whichever is longer. Contractor U) shall cooperate with the Commission to facilitate the duplication and transfer of such records M upon the Commission's request. E D. Contractor Responsibility to Include Records Requirements — Subcontractors. In the C 0L event any work is subcontracted under this Contract, The Contractor shall include the 0 aforementioned audit and record keeping requirements in all subcontract agreements. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Contract must comply with the Federal Funding Accountability and Transparency Act(FFATA)of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is E to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending.gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1,2010 are subject to the FFATA. Contractor agrees to provide the information necessary, over the life of this Contract, for the Commission to comply with this requirement c 23. FEDERAL COMPLIANCE. As applicable, Contractor shall comply with all federal laws, rules, and regulations, including but not limited to: N w cv i. Clean Air Act and Water Pollution Control Act. All applicable standards,orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water Pollution Control Act(33 U.S.C. 1251-1387, as amended). i ii. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife,fish and plants that have been illegally taken,possessed, transported or sold. F iii. Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. IV. Migratory Bird Treaty Act, 16 U.S.C.703-712. The Act prohibits anyone,unless 'a permitted,to pursue,hunt,take,capture,kill,attempt to take,capture or kill,possess, W offer for sale, sell, offer to purchase,deliver for shipment, ship, cause to be shipped, >i deliver for transportation, transport, cause to be transported, carry or cause to be LO carried by any means whatsoever, receive for shipment, transport of carriage, or N export, at any time,or in any manner, any migratory bird,or any part,nest,or egg of such bird. U_ V. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a"taking"of any E Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 14 of 21 Packet Pg.976 D.1.a FWC Contract No. 20059Click here to enter Contract Number listed species of endangered fish or wildlife. Also, generally prohibited are the import, export,interstate, and foreign commerce of listed species. 24. FEDERAL FUNDS.This Contract relies on federal funds,therefore„the followina terms and conditions aaa IV: A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Contractor is not authorized to expend any federal funds under c this Contract to a federal agency or employee without the prior written approval of the awarding federal agency. E B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled 0 CL "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). Applicable, except as otherwise provide under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee involving Federal assisted construction. U_ C. Davis-Bacon Act. The Davis-Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5. Applicable to contractors and subcontractors performing on federally funded or assisted contracts in excess of$2,000.00 for E the construction, alteration, or repair (including painting and decorating) of public buildings ' or public works. Under this Act, contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. C7 0 D. Copeland "Anti-Kickback Act. The Copeland"Anti-Kickback"Act, 40 U.S.C. 3141-3148, - and 3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5). Applicable to contracts awarded by a non-Federal entity in excess of$100,000.00 that involve employment of mechanics or labors. Under this Act, contractors and subrecipients are W prohibited from inducing,by any mean,any person employed in the construction,completion, C, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. N E. Contract Work Hours and Safety Standards Act Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act(40 U.S.C. 327-330) as supplemented by Department 2 of Labor regulations (29 CFR part 5). Applicable to construction contracts awarded by Contractors and subcontractors in excess of$2,000.00, and in excess of$2,500.00 for other contracts which involve the employment of mechanics or laborers.Under this Act,contractors and subcontractors must compute wages of mechanics and laborers (workers) on the basis of " a standard forty (40)hour work week;provide workers no less than time and a half for hours a worked in excess of the forty (40) hour work week; and not require workers to work in W surroundings or work conditions that are unsanitary,hazardous, or dangerous. >i LO CD F. Rights to Inventions Made Under a Contract or Agreement. 37 CFR 401. If the Federal ci award meets the definition of"funding agreement"under 37 CFR 401.2(a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit U_ organization regarding the substitution of parties,assignment or performance of experimental, developmental,or research work under the "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by E Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 15 of 21 Packet Pg.977 D.1.a FWC Contract No. 2009Click here to enter Contract Number Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. W G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub.L. 94-163, 89 Stat. 871). H. Debarment and Suspension Contractor Federal Certification. In accordance with Federal 0 Executive Order 12549 and 2 CFR Part 1400 regarding Debarment and Suspension, the U) Contractor certifies that neither it, nor its principals, is presently debarred, suspended, M proposed for debarment,declared ineligible,or voluntarily excluded from participation in this E transaction by any federal department or agency; and,that the Contractor shall not knowingly enter into any lower tier contract,or other covered transaction,with a person who is similarly a. debarred or suspended from participating in this covered transaction. 0 I. Prohibition against Lobbying. i. Contractor Certification—Payments to Influence. The Contractor certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22 1989,by or on behalf of the Contractor,to any person for influencing or attempting to E influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. The Contractor also certifies that they have not engaged any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the Contractor with respect to this Contract and its related federal contract, - grant, loan, or cooperative agreement; or, if the Contractor has engaged any registrant with respect to this Contract and its related Federal contract, grant, loan, or cooperative agreement, the Contractor shall, prior to or upon execution of this t Contract, provide the Commission Contract Manager a signed declaration listing the name of any said registrant. During the term of this Contract, and at the end of each Calendar quarter in which any event occurs that materially affects the accuracy of this certification or declaration, the Contractor shall file an updated declaration with the Commission's Contract Manager. If any non-federal funds are used for lobbying activities as described above in connection with this Contract, the Contractor shall i submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The Contractor shall require the language of this certification to be included in all subcontracts, and all subcontractors shall c certify and disclose accordingly. 0 ii. Contractor—Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995,the Contractor agrees to refrain from entering into any subcontracts under this Contract with any organization described in Section CD 501(c)(4)of the Internal Revenue Code of 1986,unless such organization warrants that N it does not,and will not,engage in lobbying activities prohibited by the Act as a special condition of the subcontract. U_ i J. Compliance with Office of Management and Budget Circulars. As applicable,Contractor shall comply with the following Office of Management and Budget(OMB)Uniform Guidance (2 CFR 200). Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 16 of 21 Packet Pg.978 D.1.a FWC Contract No. 2009Click here to enter Contract Number K. Drug Free Workplace. Pursuant to the Drug-Free Workplace Act of 1988, the Contractor attests and certifies that the contractor will provide a drug-free workplace compliant with 41 U.S.C. 81. E 25. CONTRACT-RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S.,if a product or service required for the c performance of this Contract is certified by or is available from Prison Rehabilitative v) Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance E with Subsection 946.515(2), F.S., the following statement applies: 0 CL It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2) and (4), F.S.; and U_ for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. E The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at htlp://www.]2ride-entep2nses.org. 0 B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service ru required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of,or required to carry out,this contract shall be purchased from a nonprofit agency for the blind or for the severely N handicapped that is qualified pursuant to Chapter 413,F.S.,in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract,the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit c U agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at htlp://www.respectofflorida.org. LO CD CD C. Procurement of Recycled Products or Materials. The Contractor agrees to procure any N recycled products or materials which are the subject of or are required to carry out this Contract in accordance with Section 403.7065, F.S. Ui 26. INDEMNIFICATION. Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 17 of 21 Packet Pg.979 D.1.a FWC Contract No. 2009CIick here to enter Contract Number If Contractor is a state agency or subdivision, as defined in Subsection 768.28(2),F.S.,pursuant to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other W Parry's negligence. If Contractor is not a state agency or subdivision as defined above, the Contractor shall be fully liable for the actions of its agents, employees,partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and W description,including attorneys' fees,arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by the Contractor,its agents, 0 employees,partners,or subcontractors,provided,however,that the Contractor shall not indemnify U) for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. However, nothing contained herein shall constitute a waiver by the E Commission of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. a. 27. NON-DISCRIMINATION. U No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in,be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Contract. 28. SEVERABILITY, CHOICE OF LAW,AND CHOICE OF VENUE. m This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner as to be effective and valid under applicable law,but if any provision of this Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the c remaining provisions of this Contract. Any action in connection herewith, in law or equity, shall > be brought in Leon County, Florida,to the exclusion of all other lawful venues. 29. NO THIRD-PARTY RIGHTS. cv The Parties hereto do not intend,nor shall this Contract be construed to grant any rights,privileges C14 or interest to any person not a party to this Contract. 30. JURY TRIAL WAIVER. 2 i As part of the consideration for this Contract, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Contract,or with the products or services provided under this Contract, including but not limited to any claim by the Contractor of quantum meruit. 0 31. PROHIBITION OF UNAUTHORIZED ALIENS. >i w CD In accordance with Federal Executive Order 96-236, the Commission shall consider the CD cv employment by the Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Contract if the Contractor knowingly employs unauthorized aliens. =i 32. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY). Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 18 of 21 Packet Pg.980 D.1.a FWC Contract No. 20059Click here to enter Contract Number A. Requirement to Use E-Verify. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly W require the Contractor to: 1.) utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Contractor during the Contract term; and,2.)include in all subcontracts under this Contract,the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E- W Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E-Verify Online. E-Verify is an Internet-based system that allows an employer, using cu information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding(MOU);the responsibilities and CL elections of federal contractors,however,may vary, as stated in Article II.D.I.e.of the MOU. 0 There is no charge to employers to use E-Verify. The Department of Homeland Security's E- Verify system can be found online at htip://www.dhs.gov/files/pro rg ams/gc_1185221678150.shtm C. Enrollment in E-Verify. If the Contractor does not have an E-Verify MOU in effect, the Contractor must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Contract. D. E-Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Contractor's c enrollment in the program. This includes maintaining a copy of proof of the Contractor's and > subcontractors' enrollment in the E-Verify Program (which can be accessed from the "Edit 0. Company Profile"link on the left navigation menu of the E-Verify employer's homepage). e( E. Employment Eligibility Verification. Compliance with the terms of the Employment N Eligibility Verification provision is made an express condition of this Contract and the N Commission may treat a failure to comply as a material breach of the Contract. 33. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. i Neither Party shall be liable to the other for any delay or failure to perform under this Contract if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects 0 subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and >i all resulting delay or disruption in the Party's performance obligation under this Contract. If the LO delay is excusable under this paragraph, the delay will not result in any additional charge or cost N under the Contract to either Party. In the case of any delay the Contractor believes is excusable under this paragraph, Contractor shall notify the Commission's Contract Manager in writing of the delay or potential delay and describe the cause of the delay either: (1)within ten(10)calendar days si after the cause that creates or will create the delay first arose,if Contractor could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result,if the delay is not reasonably foreseeable. THE E FOREGOING SHALL CONSTITUTE CONTRACTOR'S SOLE REMEDY OR EXCUSE Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 19 of 21 Packet Pg.981 D.1.a FWC Contract No. 2009CIick here to enter Contract Number WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission,in its sole discretion, will determine if the w delay is excusable under this paragraph and will notify the Contractor of its decision in writing. No a) claim for damages, other than for an extension of time, shall be asserted against the S Commission. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, W expenses or damages, including but not limited to costs of acceleration or inefficiency arising S because of delay,disruption,interference,or hindrance from any cause whatsoever. If performance 0 is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, U) after the causes have ceased to exist, the Contractor shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of E the Contract to the Commission or the State,in which case,the Commission terminate the Contract in whole or in part. a. 0 34. ENTIRE CONTRACT. U This Contract with all incorporated attachments and exhibits represents the entire Contract of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order E of precedence shall prevail; this contract and its attachments, the terms of the solicitation and the contractor's response to the solicitation. e( 4- 0 2 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW cv w cv i 0 0 i LO CD CD cv i Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 20 of 21 Packet Pg.982 D.1.a FWC Contract No. 2009Click here to enter Contract Number IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed through their duly authorized signatories on the day and year last written below. S CW"—T041-X Pl ,47TORMONROE FLORIDA FISH AND WILDLIFE --� COUNTY BOARD OF COUNTY CONSERVATION COMMISSION COMMISSIONERS M E Signature Executive Director(or designee) C 0L 0 Name: Name: Title: Title: Date: Date: 0 Approved as to form and legality by: > 2 cv Commission Attorney C14 0 CJ Attachments in this Agreement include the following: Attachment A Scope of Work >i Attachment B Cost Reimbursement Contract➢'aNT ent Re LO Attacliefrient C Audit Rca ut'ref'rie its Attacliment D Cc rtiCica ion oFCof-ri Cc�n ca i Vendor Contract- GOVERNMENTAL ENTITY Ver. September 2020 Page 21 of 21 Packet Pg.983 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys 1. DESCRIPTION OF GOODS/ SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOOD/SERVICES 0 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 E 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 c CL anticipated to be the dominant remaining debris from Hurricane Irma. The secondary 0 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 U_ nearshore waters up to 1-2 feet in water depth adjacent to publicly owned shorelines. B. BACKGROUND The Florida Keys were hit by Category 4 Hurricane Irma on September 10, 2017 with the 2 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 2 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, sunken and derelict vessels and scattered 2 destroyed/entangled lobster traps. Monroe County (or"Contractor"), through a grant from the United States Department of N 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 2 Protection Agency, were responsible for the removal of approximately 800 sunken and derelict vessels. Coordinated efforts between the FWC and the Florida Keys Commercial U) 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. LO CD 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 land-based debris. Version 1.0—June 2013 Page 1 of 9 Packet Pg.984 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys State and Federal agencies have committed to addressing remaining debris impacts along mangrove shorelines and in associated nearshore waters. Funding support for this project ' 0 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 E selected Monroe County as a sub-recipient to perform the project which will be subcontracted to a vendor("Sub-contractor") selected through a competitive solicitation c CL process in conformance with all State and Federal guidelines. 0 t� This project will require that the Sub-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 E navigate and perform work in shallow water areas and along mangrove shorelines. ' C. PROJECT DESCRIPTION The project will commence with the Sub-contractor conducting preliminary assessments of existing debris within the focus area of the project to determine priority locations for targeted removal activities. The Sub-contractor will then provide and oversee several c 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 to be necessary. Crew activities will be reported through utilization N of Daily Work Certification Forms which will provide the central record keeping for ' cleanup activities. The Sub-contractor will then provide transportation of the collected debris from the Temporary Disposal Site(s)to certified disposal facilities for final disposal. 2 0 General methodology for debris retrieval along mangrove shorelines in the Florida Keys includes the use of small skiffs, kayaks or floating platforms fanning out from the primary crew vessel 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 (if suitable based on water depth) are also CD 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 providing an effective means for FWC to reasonably monitor all crew activities on a given day, as necessary. ®� Version 1.0—June 2013 Page 2 of 9 Packet Pg.985 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys Monroe County anticipates that $164,873 of the $1.3 million in funding available for this 2 project will be necessary to cover the disposal costs associated with the debris collection. Therefore, the anticipated amount of funding available for the Sub-contractor's activities is $1,135,127. v E Geographic Scope 0 Hurricane Irma caused the deposition of marine debris throughout most areas of the Florida Keys. Post-hurricane imagery provided by NOAA indicated that debris was distributed in 0 open water and canal areas,but did not provide sufficient data regarding debris in nearshore areas in less than 2 feet of water. Trap debris over-flight observations and mapping were U_ also conducted by Florida Sea Grant. Subsequently, trap removal efforts were conducted and mapped by FWC. The map below provides an overview of the higher density areas where traps were observed and trap removals were performed. In conjunction with smaller- scale grassroots projects performed, it appears that much of the nearshore water areas and CD mangrove shorelines of the Florida Keys still contain large volumes of widely-scattered trap and other man-made debris. This information has been utilized in determining the t2 focus areas for this project and where targeted efforts should be placed. 0 2 Trap RemavalLocati)ns CD 4 of Traps Removed 1 t6 In 47-9,5 1 9 79-377 arty #trfTrap Clusters' 9-25 Observvd in overflights 12�Ea 7 re+ 2-75 �, r 10 sq in le grid cell.( tV 76 770 0 3 d 1'33'N i i# P4`}Y9d bd� 38e�xP E3k „ yid �339-750 iu,..iraisar�s��diFxs aza � 3�2na U) 15T FfiRS$]d5+s5 19&t59 xl S Sin 1TT �1 Ea"— Y5N53'17 kE 1'+F+ 'h5 fit$ b lid4 ff,,EEP #5 lt P �� E H® 99 °IX] 91 spp sa IR1 I W 1R^ Yin 9ny ii3�m 71 i.' .y f5 tM r !tl FB 01 @L I' @C Si�'v,E_�tl a 01 s1 sT se s 2�s A A � °�I 1r�tia y9 � zi az sa r'��ee LO rl'y41i�y D C a t{ � r r§,v rr r rs r,rs r sr r>vStirl+z.Or, r,,r r r ss>r r +r� i r i1t{� 1 U_ a as �� M r4 �1 {�lS rri tit { rrllr .F+ tr s f�, t c 3u�7�1 e a,f sy ta xa r�a e1 an�t iln�r^r. s ��se �wtder�s�mr._.n�.rtr,l�mssxra,u , ,w, G7 U Version 1.0—June 2013 Page 3 of 9 Packet Pg.986 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys Focus Area After consideration by Monroe County, FWC and NOAA, it has been determined that the primary focus area for this project will be from the island of Marathon Key in the Middle 0 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 E through conversations with various stakeholders. Focus on the higher density debris areas will maximize efficiency and ensure effective use of the limited available funding. 0 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 bay bottom. Additionally, no debris removal will occur in any canals. Monroe County will assist the Sub-contractor in determining ownership of CD shoreline properties based on debris sites/areas located. Focus Area Map 81°28'8"'Yd 89°i8'8"NY 81°1Q'9"W (u 0 Z W s 2 1u �r8 C0 U) E } � LO iw<,d1 QL;tG .i m a i �Ul LL I 9i"A6.0••Yd @i"T4'G"W 81°76'0'N! 81"20'0"W 81"15'4"W �1^1b'G"Vd Version 1.0—June 2013 Page 4 of 9 Packet Pg.987 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys Temporary Disposal Sites (TDS) Monroe County will assist the Sub-contractor with establishing a number of Temporary Disposal Sites (TDS)throughout the focus area where the marine debris will be offloaded 0 from crew vessels or collection barges, into roll-offs, and from there trucks will take the debris for final disposal. The Sub-contractor, in coordination with Monroe County will E establish several TDS sites throughout the focus area. By this method, the Sub-contractor (n may have multiple crews working throughout the focus area throughout the duration of the � project. The Sub-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 shoreside location such as boat ramps. At a minimum, TDS sites will be in the vicinity of extraction locations to maximize efficiency in the performance of the work. E Hazmat Handling The Sub-contractor may be retrieving and transporting hazardous materials in the performance of the described duties. The Sub-contractor should have a sufficient level of 0 hazmat training in order to safely handle hazmat(i.e. Hazwopper training, etc.) and ensure c that all crews are familiar with handling hazardous materials as may be encountered. All 2 hazardous materials collected shall be properly disposed of at a certified hazardous waste disposal facility. N Monitoring The Sub-contractor shall provide all work documentation to Monroe County to verify work and adherence to regulations pertaining to handling of traps, and monitor debris transferred to Temporary Disposal Sites. Monroe County will provide all documentation to FWC. U Re_ug latory Authority i 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 Sub-contractor to perform the work described in this Scope of Work. Due to the geographically narrow marine environment where the debris removal work isCD LO to be performed, no alteration of, or impact to the seafloor or mangrove vegetation is N anticipated to occur. State and federal regulations prohibit damage to seagrasses or mangroves. U_ i As applicable, FKNMS staff may provide Best Management Practices (BMP)training for a the Sub-contractor and their crews to ensure that safety and environmental protective Version 1.0—June 2013 Page 5 of 9 Packet Pg.988 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys measures are followed and exhibited throughout the course of the project work. DEP and/or FKNMS staff may also be onsite for operations when removing debris from mangroves. Monroe County will coordinate with DEP and FKNMS regarding any need ' 0 for state and/or federal oversight of operations. M D. SUPPORT OF COMMISSION MISSION/RETURN ON INVESTMENT Removal of remaining nearshore and shoreline marine debris from Hurricane Irma will assist in the continued healing of the Florida Keys, an area popular to both local C' 0 resident and tourists. Focusing on removing trap gear will benefit plants and animals local to the environment. U_ E. DEFINITIONS Monroe County (or Contractor) will, through a competitive solicitation, sub-contract the marine debris removal work to a third party. 2. PRE-ACTIVITY SURVEYS A. The Contractor shall provide FWC documentation of preliminary surveys of debris sites. Written documentation of these pre-activity surveys shall be provided to the 0 76 FWC Contract Manager prior to any marine debris removal activity. 2 3. DELIVERABLES A. Deliverable—Marine Debris Retrieval, Collection, Transport, and Disposal Shoreline/nearshore cleanup of marine debris at Authorized Debris Sites including debris retrieval, collection and transfer from crew vessels to Temporary Disposal Site(s), and disposal to a final disposal facility. 2 i B. Minimum Level of Performance U All marine debris cleanup activity must be documented and follow pre-planning activity. v)Utz C. Documentation/ Criteria Used as Evidence of Performance The Contractor shall provide FWC all documentation and invoices related to cost reimbursement request. Ci LO CD D. Timeline for Completion Documentation will be submitted on a monthly basis, no more than seven (7)business days after the end of each month. ®i The remainder of this page intentionally left blank. E Version 1.0—June 2013 Page 6 of 9 Packet Pg.989 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys 4. FINANCIAL CONSEQUENCES The COMMISSION will temporarily withhold cash payments pending correction of a deficiency by the Contractor; Disallow all or part of the cost of the activity or action not in compliance; Request refund of previously disbursed payments related to deficiency; Wholly v or partly suspend or terminate this agreement; Withhold future task assignments for the project E or program. Any and all equipment, products or materials necessary to perform this CONTRACT shall be supplied by the Contractor, unless otherwise specified herein. c CL 5. PERFORMANCE FWC will review all documentation provided by the Contractor regarding debris cleanup activities within three (3)business days. 6. RENEWALS AND EXTENSION A. RENEWAL See Contract for applicable terms and conditions related to renewals. B. EXTENSION 0 This contract may be extended for a period not to exceed six (6) months if approved by both FWC and the Contractor. See Contract for applicable terms and full conditions 2 related to extensions. �t 7. COMPENSATION AND PAYMENT cv A. COST REIMBURSEMENT ' The Contractor shall be compensated on a cost reimbursement basis in accordance with the Cost Reimbursement Contract Payment Requirements as shown in the Department of 2 Financial Services, "Reference Guide for State Expenditures" publication. The cost reimbursement requirements section of the Reference Guide is attached hereto and made a U) part hereof as Attachment B. B. INVOICE SCHEDULE The Contractor shall submit a signed invoice, via e-mail, to the Contractor's Contract Manager on a monthly basis, no more than seven (7)business days after the end of each month, upon the start of cleanup. The invoice shall include a brief summary of the work LO performed, the number of days and hours that individual crews worked and the total cost. The invoice shall also include all documentation required for submission in the contract between the Contractor and the Sub-contractor. U_ i C. TRAVEL EXPENSES No travel expenses are authorized. Version 1.0—June 2013 Page 7 of 9 Packet Pg.990 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys D. FORMS AND DOCUMENTATION This section is not applicable. 8. MONITORING SCHEDULE The Contractor will provide FWC documentation verifying marine debris cleanup activities. 0 9. INTELLECTUAL PROPERTY RIGHTS See Contract for applicable terms and conditions related to intellectual property rights. U_ 10. SUBCONTRACTS = See Contract for applicable terms and conditions related to subcontracts. a� I L INSURANCE See Contract for applicable terms and conditions related to insurance. 12. SECURITY AND CONFIDENTIALITY 2 Information developed by FWC and its Contractor is public record. 0 76 13. RECORD KEEPING REQUIREMENTS 0. The Contractor must retain records related to performance of the Contract for five years following the end of the grant award funding this Contract. N 14. NON-EXPENDABLE PROPERTY `V This section is not applicable and intentionally left blank. 2 i 15. PURCHASE OR IMPROVEMENT OF REAL PROPERTY 0 See Contract for applicable terms and condition related to the purchase or improvement of ) real property. 16. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS A. FEDERAL FUNDS 1. This Agreement is funded in whole or in part by a grant from the NOAA Fisheries, CFDA No. 11.022. Therefore, the Contractor shall be responsible for complying with CD all federal grant requirements as provided in the grant, a copy of which is attached hereto and made a part hereof as Attachment C. It is understood and agreed that the Contractor is not authorized to expend any federal funds under this Agreement to a ®� federal agency or employee without the prior written approval of NOAA Fisheries. E Version 1.0—June 2013 Page 8 of 9 Packet Pg.991 D.1.b Attachment A—SCOPE OF WORK Project Name: Post-Hurricane Irma Shoreline and FWC Contract No. 20059 Nearshore Marine Debris Removal in the Florida Keys 2. The Contractor agrees to follow all requirements of CFR 200, Code of Federal Regulations, for the procurement of commodities or contractual services under this Agreement. c B. CERTIFICATE OF CONTRACT COMPLETION The Grantee will be required to complete a Certificate of Completion form (Attachment D)when all work has been completed and accepted. This form must be c CL submitted to the COMMISSION'S Contract Manager. 0 c, The remainder of this page intentionally left blank. LL 0 CD CD N 2 i 0 U i i LO CD LL i Version 1.0—June 2013 Page 9 of 9 Packet Pg.992 D.1.c FWC Contract No. 20059 Attachment B COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial Services, invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the apporoved contract budget. Additionally, the invoice must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the contract. 0 FWC is required to maintain the detailed supporting documentation in support of each request for cost cu reimbursement and to make it available for audit purposes. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only CL c expenditures for the categories in the approved contract budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. FWC may require more detailed documentation as deemed appropriate to satisfy that the terms of the contract have been met. Listed below are types and examples of supporting documentation: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that 0 fringe benefits will be based on a specified percentage rather than the actual cost of fringe 76 benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies �-- of checks for fringe benefits. :n (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, E which includes submission of the claim on the approved State travel voucher. e� 0 (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. UI (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates E must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. 'n CD cv For cost reimbursement contracts with another State agency(including State universities): u_ In lieu of the detailed documentation described above,alternative documentation may be submitted to substantiate n� the costs requested to be reimbursed.This alternative documentation may be in the form of FLAIR reports or other reports containing sufficient detail. Cost Reimbursement Contract Payment Requirements Page 1 of 1 Packet Pg.993 D.1.d FWC Agreement No.20095 Attachment C AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award, a, then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both State and Federal funds,then all provisions apply. MONITORING E In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as CL revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS" 0 below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or contracted consultants,limited scope audits as defined by Section 200.331,OMB Uniform Guidance and/or other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the E Florida Department of Financial Services or the Florida Auditor General. AUDITS PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following provisions apply: c A. This part is applicable if the Grantee is a State or local government or a non-profit organization as 2 defined in Sections 200.90,200.64, or 200.70,respectively, OMB Uniform Guidance. B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or - program-specific audit conducted in accordance with the provisions of the Federal Single Audit Act of N 1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT I to this Attachment m indicates Federal resources awarded through the Commission by this Agreement. In determining the Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards, ' including Federal resources received from the Commission. The determination of amounts of Federal Cr awards expended should be in accordance with the guidelines established by Sections 200.500-200.521, OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB U� Uniform Guidance,will meet the requirements of this part. E C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall U fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB Uniform Guidance. This includes,but is not limited to,preparation of financial statements, a schedule �i of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action LO plan. N U D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in Attachment C rev.6.15.15 Page 1 of 6 Packet Pg.994 D.1.d FWC Agreement No.20095 Attachment C accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from Grantee resources obtained from other than Federal entities). E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance a, findings related to contracts with the Commission shall be based on the contract requirements,including 9 any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose 2 whether or not the matching requirement was met for each applicable contract. All questioned costs U) and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the cu Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB n Uniform Guidance audit reports. C 0L 0 F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. G. If the Grantee expends less than$500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521,OMB Uniform Guidance,is not required. E In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521,OMB Uniform Guidance,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from the Grantee's resources obtained from other-than Federal entities). C7 H. A web site that provides links to several Federal Single Audit Act resources can be found at: http://harvester.census.gov/sac/sainfo.html > 2 PART II: STATE FUNDED. If this Agreement includes State funding, then the following provisions apply This part is applicable if the Grantee is a non-state entity as defined by Section 215.97, F.S., (the Florida „- Single Audit Act). c N A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess E of$500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project- ' specific audit for such fiscal year in accordance with Section 215.97 F.S.; applicable rules of the Cr Executive Office of the Governor and the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. U EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Contract. In determining the state financial assistance expended in its fiscal year,the Grantee shall E consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal eti program matching requirements. LO CD cv B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall U ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. m Attachment C rev.6.15.15 Page 2 of 6 Packet Pg.995 D.1.d FWC Agreement No.20095 Attachment C C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S.,the cost of the audit must be paid from the non-state entity's resources (i.e.,the cost of such an audit must be paid from the a, Grantee's resources obtained from other-than State entities). 0 D. Additional information regarding the Florida Single Audit Act can be found at: hItps://apps.fldfs.com/fsaa/. cu E E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the following address: e- 0 Chief Financial Officer c, Florida Fish and Wildlife Conservation Commission Bryant Building 620 S.Meridian St. Tallahassee,FL 32399-1600 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the following at the address indicated: 0 2 1. The Commission at the following address: a Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S.Meridian St. Tallahassee,FL 32399-1600 2 2. The Federal Audit Clearinghouse designated in Section 200.512,OMB Uniform Guidance (the :5 Cr reporting package required by Section 200.512, OMB Uniform Guidance,should be submitted to the Federal Audit Clearinghouse): U� Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville,IN 47132 i 3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB CD CD Uniform Guidance. N B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB i Uniform Guidance, and required by Part I of this Attachment(in correspondence accompanying the audit report, indicate the date that the Grantee received the audit report); copies of the reporting package described in Section 200.512, OMB Uniform Guidance, and any management letters issued E Attachment C rev.6.15.15 Page 3 of 6 Packet Pg.996 D.1.d FWC Agreement No.20095 Attachment C by the auditor; copies of reports required by Part II of this Attachment must be sent to the Commission at the addresses listed in paragraph C.below. C. Copies of financial reporting packages required by Part II of this Attachment,including any management letters issued by the auditor, shall be submitted by or on behalf of the Grantee a, directly to each of the following: 0 1. The Commission at the following address: M Chief Financial Officer E Florida Fish and Wildlife Conservation Commission v, Bryant Building C 0L 620 S.Meridian St. Tallahassee,FL 32399-1600 c, 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building m 111 West Madison Street Tallahassee,FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521, OMB Uniform Guidance,Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650 c (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 0 Grantees and sub-Grantees,when submitting financial reporting packages to the Commission for audits done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor W General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee - in correspondence accompanying the reporting package. N -End of Attachment C— rr i LO CD cv i Attachment C rev.6.15.15 Page 4 of 6 Packet Pg.997 D.1.d FWC Agreement No.20095 Attachment C Ln Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: a, t rs `,;,4 ,7 r 4 1 rl')11111111111111111rJ r,fs s,is4ls, i««««rrr«r«« J t}r CFDA# CFDA Title Amount 11.022 Bipartisan Bud et Act of 2018 $1,300,00.00 E 0 Total Federal Awards $1,300,000.00 0 U COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: t - CFDA# Compliance Requirements E 11.022 1. Only the goods and/or services described within the attached Attachment 2 A Scope of Work are eligible expenditures for the funds awarded. 2. The Grantee agrees to follow all requirements of CFR 200, Code of 2 Federal Regulations, for the procurement of commodities or contractual - services under this Agreement. 76 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this marine debris cleanup project. 0 N STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: m 2 MATCHING RESOURCES FOR FEDERAL PROGRAMS: Cr i Matching Funds Provided b CFDA CFDA# CFDA Title Amount of Matchin" Funds n/a none n/a LO CD Total Matching Funds Associated with Federal none Programs i SUBJECT TO SECTION 215.97,FLORIDA STATUTES: Attachment C rev.6.15.15 Page 5 of 6 Packet Pg.998 D.1.d FWC Agreement No.20095 Attachment C Ln State Project(s) CSFA# CSFA Title Amount a, n/a None n/a Total State Awards none 0 M COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED E PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 0 State Project s Compliance Requirements CSFA# Compliance Requirements n/a None LL NOTE: Section 200.513, OMB Uniform Guidance(2 CFR 200), as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included w in Exhibit 1 be provided to the Grantee. 2 �t -End of EXMIBIT 1 - 0 76 4- 0 N 2 rr i LO CD cv LL i Attachment C rev.6.15.15 Page 6 of 6 Packet Pg.999 D.1.e Attachment D T fGr 5t.` FL FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES MANAGEMENT CERTIFICATION OF COMPLETION 0 M E 0 CL I e (Printed Name and Title) representing (Name of Grantee) do hereby certify that the project funded by Grant Number FWC — 20059 has been completed in compliance with all terms and conditions of said Grant Contract. 0 0 (Signature) (Date) 0 0 i i LO CD CD i U Rev. 12/2013 Attachment I Packet Pg. no-