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Item D1 D.1 `, County of Monroe y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 `_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 February 17, 2021 Agenda Item Number: D.1 Agenda Item Summary #7679 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505 N/A AGENDA ITEM WORDING: REQUEST TO TABLE Approval of Ranking of Respondents and Approval to Negotiate a Contract with the Top-Ranked Respondent, Adventure Environmental, Inc., in Association with a Request for Proposals (RFP) for Marine Debris Removal Services Along Shorelines and Nearshore Waters Affected by Hurricane Irma with Funding Provided Through a No- Match Grant with the Florida Fish and Wildlife Conservation Commission (FWC). ITEM BACKGROUND: At its November 17, 2020, meeting, the Monroe County Board of County Commissioners ("Board" or "BOCC) directed staff to advertise a Request for Proposals (RFP) to competitively solicit a vendor to provide marine debris removal services ("Service" or "service(s)") along shorelines and nearshore waters affected by Hurricane Irma. See attached RFP for reference. This service will be provided in conjunction with a grant agreement with the Florida Fish and Wildlife Conservation Commission ("FWC) allocating $1.3 million for a marine debris cleanup with a focus on fisheries-related debris (attached). FWC selected Monroe County as a sub- recipient of this funding to perform this work which will be subcontracted to a vendor solicited under this RFP. FWC requires that the contracted vendor must utilize local commercial fishermen to perform the work. No work will occur within canals. The RFP was published on November 18, 2020, and bid proposals were opened on January 5, 2021 (see attached Bid Tabulation Sheet). Five (5) responses were received (see attached proposals). A Selection Committee met on January 8, 2021, to review, score and rank the responses. See attached sign-in sheet and meeting minutes. The average scores/ranking area as follows (see attached Score Sheets): Respondent Score Ranking Adventure Environmental, Inc. 58 1 Monroe County Commercial Fishermen, Inc. 55 2 DRC Emergency Services, LLC 40 3 Flyscouts Charters, LLC 36 4 MamaOcean, Inc. 25 5 Packet Pg.476 D.1 The Selection Committee consider all respondents to be qualified for Board consideration. The Selection Committee recommended Board selection of the top-ranked respondent, Adventure Environmental, Inc. Staff requests approval of ranking of respondents by the Selection Committee and approval to negotiate a contract for service with the top-ranked respondent. Based on BOCC direction, staff anticipates bringing the associated contract before the Board in February for execution. The work must be completed no later than June 30, 2021. PREVIOUS RELEVANT BOCC ACTION: November 2020 - Approval to advertise an RFP December 2020 - Approval of FWC Grant Agreement CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Table to March DOCUMENTATION: RFP Bid Tabulation Sheet Proposal_Adventure Environmental Proposal_DRC Proposal_Florida Keys Commercial Fishermans Association Proposal_Flyscouts Charters Proposal_mamaOcean Selection Committee_Sign in Sheet Selection Committee_Score Sheets Selection Committee_Meeting Minutes FWC Grant Agreement 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 Packet Pg.477 D.1 Revenue Producing: No If yes, amount: Grant: Yes County Match: No Insurance Required: N/A Additional Details: none None REVIEWED BY: Emily Schemper Completed 12/29/2020 4:39 PM Assistant County Administrator Christine Hurley Completed 12/30/2020 10:18 AM Peter Morris Completed 01/04/2021 4:21 PM Purchasing Completed 01/04/2021 4:43 PM Budget and Finance Completed 01/04/2021 4:49 PM Maria Slavik Completed 01/04/2021 9:16 PM Liz Yongue Completed 01/05/2021 9:25 AM Board of County Commissioners Completed 01/20/2021 9:00 AM Board of County Commissioners Pending 02/17/2021 9:00 AM Packet Pg.478 D.1.a MONROE COUNTY REQUEST FOR PROPOSALS FOR Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keys + I CL CL ff r 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 Packet Pg.479 D.1.a NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Tuesday,January 5,2021,at 3:00 P.M.,the Monroe County Purchasing Office will receive and open sealed responses for the following: Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keys Monroe County,Florida Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: 0, wwwAoridapublicnotices.com,a searchable Statewide repository for all published legal notices. Requirements e- for submission and the selection criteria may be requested from DemandStar at www.demandstar.com OR www.monroecountybi(is.com. m CJ In response to Covid-19,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. M E The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OM - Ch BIDS monroecounty-fl.gov,no later than 3:00 P.M.,on January 5,2021. Please submit confidential 0 La 0. financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: 0 N 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 0. 0 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 CL OMB-BIDSk,,monroecounty-fl.gov, in advance of the bid opening please email: omb- U_ purchasing La monroecounty-fl.gov so accommodations for delivery of your bid can be made prior to the bid opening. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid and 0 waiting until the bid opening to address or confirm your bid submission delivery will result in your bid being rejected. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on January 5,2021. You may call in by phone or internet using the following: Join Zoom Meeting https://meboee.zoom.ns/i/4509326156 2 Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156#US (New York) CL +16699006833994509326156#US (San Jose) Dial by your location: +1 646 518 9805 US(New York) E +1 669 900 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 Packet Pg.480 D.1.a 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 M 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 CL interested in this issue are invited to attend. For more information, please contact Celia Hitchins, Senior Administrator, Marine Resources Office, by telephoning 305-289-2505, or via email to: itchins-Celia(@monroecounty-fl.gov. Please visit the Monroe County Website at www.monroecounty-fl.gov for meeting agenda y updates and information regarding the various options available to the public to view the live meeting and/or to make public comments on certain agenda items. LL ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 A.M.---5:00 P.M., no later than five (5) calendar days prior to the scheduled meeting, if you are hearing or voice-impaired, call "711". 0 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 W includes the testimony and evidence upon which the appeal is to be based. 0. DISPLAY AD - PLEASE PUBLISH ONE (1) TIME ONLY: Key West Citizen (867) Publish Wednesday, December 23, 2020 3 Packet Pg.481 D.1.a Request for Proposal for Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keys 1. Introduction: The Monroe County Board of County Commissioners ("MCBOCC", "Monroe County", or the "County") is requesting sealed proposals for a responsible, and responsive, and qualified proposer to provide Post-Irma Marine Debris Removal Services ("services") to shorelines and nearshore waters affected by Hurricane Irma in the Florida Keys. 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 E 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. 0 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. 0 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 CL 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 Packet Pg.482 D.1.a 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 0. meeting and/or to make public comments on certain agenda items. 0 Further details/requirements are outlined in the sections below. 2. Addenda /Updates: Any and all addenda will be added to the RFP posting on the MCBOCC web site at: www.monroecountybids.com no later than December 23, 2020 at 3.00 P.M. 0 Interested vendors are encouraged to compare the updates they receive via email to those posted on our RFP web page at: www.monroecountybi s.com to ensure they have not missed any updates. Proposers will be presumed to have reviewed any addenda. However, the County shall not be obligated to answer any or all questions 0. submitted, doing so being a courtesy and effort to make more effective this RFP, and only to the extent time and staffing permit. CL -- 3. Backaround: A. General Description: 1. The project will generally consist of the Contractor conducting preliminary assessments of existing debris within the focus area of the project to determine priority locations for targeted removal activities. The Contractor will then provide and oversee several `crews' of local commercial fishermen to perform the retrieval, collection and transportation of marine debris from authorized debris sites to Temporary Disposal Sites. No diving is anticipated 5 Packet Pg.483 D.1.a 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 0. Administrator of the Monroe County Marine Resources Office, housed within the Monroe County Planning & Environmental Resources Department. N 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. W C. Acknowledgment of Insurance Requirements By submitting a proposal, Proposer/Vendor acknowledges that it has read and understands the insurance requirements for the proposal. Vendor also E 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 Packet Pg.484 D.1.a 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: M i. An electronic copy of the Proposal must be attached to an e-mail and sent E by the deadline stated above to the following e-mail address: OMB- n I SP_monroecoun CL c ii. If any confidential financials are submitted, submit them in a separate email from the rest of the proposal. iii. Please DO NOT mail or attempt to mail or deliver in person any hard copy sealed bids or proposals. Mailed/delivered bids/proposals/responses will not be considered. iv. The subject line on all a-mails must read as follows: RFP — Sealed CL 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- C ASIN Ca-monroecounty-fl.gov for instructions. 0 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 E 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 Packet Pg.485 D.1.a 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: i. All questions concerning this RFP must be submitted by no later than 3.00 PM EST on December 20, 2020. Direct all questions via email to: itchins-Celiac onroeCounty-FL.gov. Include the RFP number, page, and paragraph number for each question. ii. The only official answer to questions submitted will be provided in writing by the County and posted as an Addendum to this RFP. No oral interpretations will be made to any Respondent as to the meaning of the RFP documents. Any inquiry or request received ten (10) or more days prior to the date fixed for opening of proposals may be given consideration. Each Respondent shall in writing acknowledge receipt of such addenda or addendum. In the event any Respondent fails to so acknowledge receipt, his or her response will nonetheless be construed as though it had been received and acknowledged and the submission of his or her response will constitute acknowledgment and receipt of the same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him or her. It is the responsibility of each Respondent to verify that he or she has received all addenda issued before the responses are opened. Respondents may not request nor rely upon any verbal representations concerning this RFP's specifications. g. Source Selection and Agreement Award .� i. Award(s), if made, will be made to the Responsive and Responsible Vendor(s) whose proposal is most advantageous to MCBOCC, taking into consideration price and the other evaluation criteria set forth in this RFP (see section 14). MCBOCC will not use any other factors or criteria, other than those listed in section 14, in the evaluation of proposals received. ii. MCBOCC reserves the right to negotiate price and Agreement terms and conditions with the most qualified firm(s) to provide the requested service. If a mutually beneficial agreement with the highest ranked firm and/or firms is not reached, MCBOCC reserves the right to enter into Agreement negotiations with the next highest ranked firm(s) and 8 Packet Pg.486 D.1.a continue this process until an agreement is reached. iii. An award of Agreement does not guarantee any volume or dollar amount of purchase. iv. MCBOCC reserves the right to extend the terms, conditions, and prices of Agreement(s) awarded from this RFP to other Institutions (such as State, Local and/or public entities) who express an interest in participating in any Agreement that results from this RFP. Each of the piggyback institutions will issue their own purchasing documents for purchasing of the goods/ services; Proposer agrees that MCBOCC shall bear no responsibility or liability for any agreements between Proposer and the other Institution(s) who desire to exercise this option. h. Projected Timetable The following projected timetable should be used as a working guide for planning purposes. MCBOCC reserves the right to adjust this timetable as required during the course of the RFP process. Event Date CL RFP Issued November 18, 2020 Deadline for submittal of questions December 20, 2020 by 3.00 PM N Deadline for issuance of Addenda December 23, 2020 by 3.00 PM Proposals Due January 5, 2021 by 3.00 PM 0 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 W 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. E 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 Packet Pg.487 D.1.a 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 N 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 Packet Pg.488 D.1.a 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 CL directed by MCBOCC staff. N 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 y 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. 2 22.To undertake all other necessary tasks to properly administer the Service as required by the MCBOCC. 0. 23.To agree that any Agreement may be terminated at any time without cause by the MCBOCC or for cause as set forth in the Agreement with the MCBOCC. 24.To provide emergency contact information for its field and management personnel. Such key field personnel and managers must include both operational and management staff who are of sufficient authority within the organization as to be capable of and in a position to resolve emergency situations. 11 Packet Pg.489 D.1.a 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, or arising out of the Service, upon request of the MCBOCC, to advise the MCBOCC regarding the litigation and to consider assisting the MCBOCC in such lawsuits. 0 6. Evaluation of Proposals (Process) 0 i. MCBOCC will first examine proposals to reject those that are clearly non- N responsive to the stated requirements. Proposers who are determined to be non-responsive will be notified of this determination. c 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 Packet Pg.490 D.1.a not indicate a firm commitment. ii. A Selection Committee appointed by the MCBOCC Marine Resources Office Senior Administrator will evaluate the proposals. The Committee will score all responsive and responsible proposals based upon the criteria detailed herein. Upon completion of the initial scoring, the Committee may either recommend award(s) in order of preference, or enter into an in order of preference short-listing process with those Proposers/Respondents whose proposals are determined to be a competitive vendor. iii. The evaluation process that follows the initial scoring may include, but not be limited to, a series of requests to Vendors for clarifications, presentations, agreement negotiations, and/or detailed reference checks. This process may involve multiple short listing rounds for the purpose of achieving Agreements that are in the best interests of MCBOCC as determined by the Committee. Evaluation scores may be adjusted upward or downward during this step. Subsequent scorings will be based on comparison of only the short listed proposers. iv. The MCBOCC Director of Purchasing reserves the right to withdraw this 0. RFP at any time for any reason and to issue such clarifications, modifications, and/or amendments as he/she may deem appropriate. N 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. 0 7. Ambiguity, Conflict, or Other Errors in the RFP 2 If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the proposer shall immediately notify the MCBOCC Purchasing Staff Contact for this RFP of such error in writing. Any resultant 0. modification(s) to the RFP will be made by written and published amendment to the RFP. Failure of the proposer to notify MCBOCC of any ambiguities, conflicts, discrepancies, omissions, or other errors in the RFP, prior to submitting the proposal, shall be a waiver of the same and render them not subject to later protest by the proposer. 8. Proposals and Presentation Costs MCBOCC will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions or 13 Packet Pg.491 D.1.a negotiations. The County may conduct such investigations as it deems necessary to assist in the evaluation of any Response and to establish the responsibility, qualifications, and financial ability of the Proposers, and/or other persons or entities to do the work contemplated herein. 9. Acceptance and Rejection of Proposals MCBOCC is under no obligation to accept any Proposal and reserves the right to accept or reject, in whole or in part, any or all proposals submitted. In the event the Selection Committee ranks the proposals in order of preference, makes a recommendation to the County Commission to negotiate 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 E 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. 0 10. Validity of Proposals y All proposals must be valid for a period of one hundred twenty (120) days CL from the proposal due date. 0 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 Packet Pg.492 D.1.a organization has five (5) minutes to address the Commission. The BOCC decision to award the Agreement is final and at its sole discretion. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of Agreement, unless it is determined that it is in the best interest of the County to excuse the protest waiver. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so. 12. Proposal Submission Requirements and Disqualification of CL 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. M b. MCBOCC reserves the right to and may waive minor informalities or E 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 Packet Pg.493 D.1.a Free Workplace Form and submit it with his/her proposal. Failure to complete this form in every detail and submit it with the proposal may result in immediate disqualification of the proposal. iv. Public Entity Crime Statement. Any person submitting a proposal in response to this invitation must execute the enclosed Public Entity Crime Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not, inter alia, submit a proposal on a contract to provide any goods or services to a public entity. V. Lobbying and Conflict of Interest Clause. Any person submitting a proposal in response to this invitation must execute the enclosed Lobbying and Conflict of Interest Clause and submit it with his/her proposal. Failure to complete this form in every detail and submit it with the proposal may result in immediate disqualification of the proposal. E e. The County does not assume any responsibility for errors or 0. misinterpretations resulting from the Respondent's use of incomplete sets of RFP documents. N if. 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. c 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 Packet Pg.494 D.1.a i. The Proposal is to include a Table of Contents and sections for each Tab listed below and should be organized in the order shown. Each section should be clearly labeled, with pages numbered. Failure of a proposer to include all listed items may result in the rejection of the Proposal. ii. The proposal package submitted in response to this Request for Proposals (RFP) shall be typed on 8-1/2" x 11" white paper and bound; shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Proposals shall be organized and sections tabbed. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondent should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. iii. The response, at a minimum, shall include the following: 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 0 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 Packet Pg.495 D.1.a authorized to bind the firm. Failure to meet this requirement may result in disqualification. Tab 2. Relevant Qualifications, Experience, and Service Description. I. Record of performance and professional accomplishments including: a description of similar work completed by the Respondent, any current contracts for similar work, any outstanding accomplishments of the Contractor, and any outstanding accomplishments of the Contractor that relate directly to this type of work. The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the Scope of Work. Describe the firm's methodology for marine debris recovery and disposal operations given the extensive amount of field work that will be required, as well as the firm's experience working with FWC and other local, Federal or State agencies. The response should consider the following professional service needs. a. Ability to begin work immediately on contract execution, tentative scheduled for February 17, 2021, and ability to end work no later than June 30, 2021. b. Ability and experience in operating in the Florida Keys or in a similar sensitive coastal environment in a careful, safe and legal manner in accordance with all local, state and federal regulations. Respondent must have experienced and qualified personnel necessary to self-perform, or to sub-contract a portion of the work with experienced and qualified subcontractors to assist with those services as necessary. c. Ability and experience in performing debris assessments similar to the attached Scope of Work requirements. d. Utilization of local commercial fishermen to perform the work. e. Ability and experience in identification, removal, transportation, and disposal of marine related debris. f. Ability and experience in performing assessment, containment, cleanup, removal, transport, storage, testing, treatment and/or disposal of any hazardous materials. g. Ability to provide for debris transport and final debris disposal at certified final disposal site/s. The disposal sites shall be approved by the County in advance. h. Ability to provide all reporting as specified in the Scope of Work. i. Ability to provide project accounting services to include developing a project flow process, file and reimbursement request management, and payment tracking. j. Ability to review all sub-contractor documentation for consistency, compliance, and completeness and require corrections as appropriate before submitting for payment. k. Ability to coordinate with Monroe County to ensure that for all work categories, all necessary documentation and supporting data meet each agency's and FWC's requirements for reimbursement eligibility. IV. Technical, educational, and training experience of the Respondent and/or assigned staff, if the Respondent and/or any of the assigned staff are located in Monroe County, 18 Packet Pg.496 D.1.a if they have familiarity with similar programs and/or the waters of the Florida Keys, and if they have any related experience. V. A detailed list and description of proposed equipment that are to be used in the performance of the service including but not limited to vessels, vessel trailers, trucks, and roll-off containers. Clearly specify if the equipment is owned directly by the Contractor or will be leased or provided by subcontractors. VI. A list of sub-contractors that may be used, in what capacity/function they will be used or are anticipated to be used, their location, and their materially relevant experience as related to the project and familiarity with the waters of the Florida Keys. VI I. Provide a preliminary budget. Compensation for the service shall not exceed the anticipated program budget of $1,135,127 based on a $1,300,000 grant from FWC. The proposed budget shall be based on the pricing/fee schedule outlined in the Scope of Work in the Draft Contract in Attachment G. The Respondent shall agree to provide the service within the specified budget. E VIII. Additional Information: Provide any additional pertinent information that would be helpful in the consideration of your response. 0 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 Packet Pg.497 D.1.a the experience and skills that this person has and would bring to the project, as it relates to this project. Key personnel should include the person or persons who would be assigned as an on-site project manager for this project. Provide specific experience the personnel have in working in the Florida Keys marine environment or in a marine environment similar to the Keys. c. The Respondent shall provide information on any subcontractors currently known that may be proposed for use in performing the Scope of Work. CL 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)- 0. 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); 0. d. The number of years the person or entity has operated under its present name and 0 any prior names; N e. Answers to the following must be provided- 0 (i) Has the Respondent ever failed to complete work for which it has contracted? If so, provide details. (ii) Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details. 0 (iii) Has the Respondent or 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 Packet Pg.498 D.1.a any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation. (vi)Customer references (minimum of three), including name, current address and current telephone number for projects in which the Respondent has successfully performed similar services. (vii) Credit references (minimum of three), including name, current address and current telephone number. (viii) Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity. Please provide in a separate sealed envelope for the Respondent's confidentiality, and clearly label the envelope "CONFIDENTIAL" one (1) original copy. ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from s. 119.07(1) and s.24(a), Art. 1 of the State Constitution.") E 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: I. 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) VI 1. Insurance and Indemnification Statement b. Evaluation Criteria (Factors) 0 Proposals will be scored and ranked by the Selection Committee based on the criteria set forth below and an overall assessment of the "best value" to MCBOCC. 21 Packet Pg.499 D.1.a Tab Criteria Max Points 1 Cover Letter and Executive Summary -5 to 0 2 Relevant Qualifications, Experience and Service Description 30 3 Performance record and References 15 4 Staffing 20 0 5 Litigation and Financial -5 to 0 M E 6 County Forms included in Response -5 to 0 0 TOTAL MAXIMUM POINTS 65 ,0 N 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. 0. 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- E advertise for all or part of the work contemplated. c. If the award of a contract is annulled, the County may award the Contract to another Respondent or the work may be re-advertised or may be performed by other qualified personnel as the County decides. d. A Contract will be awarded to the Respondent deemed to provide the services which are in the best interest of the County, considering cost, 22 Packet Pg. 500 D.1.a qualifications, funding acquisition, and other factors deemed relevant. e. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. if. 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. E 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 y purchased by the County. 0 0 23 Packet Pg. 501 D.1.a ATTACHMENT A Certification Regarding Debarment or Suspension In compliance with Agreements and grants agreements applicable under the U.S. Federal Awards Program, the following certification is required by all Proposers submitting a proposal in response to this Request for Proposal: 1. The Proposer certifies, to the best of its knowledge and belief, that neither the Proposer nor its Principals are suspended, debarred, proposed for debarment, or declared ineligible for the award of Agreements from the United States federal government procurement or non-procurement programs, or are listed in the Excluded Parties List System in the System for Award Management (SAM) issued by the General Services Administration. 2. Principals, for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities E within a business entity (e.g., general manager, plant manager, head of a subsidiary, y division, or business segment, and similar positions). 0 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 CD of Purchasing may terminate the Agreement resulting from this solicitation for default. Printed Name of Representative: Signature/Date: / Company Name: CL Address: City/State/Zip: SSN or EIN No: 24 Packet Pg. 502 D.1.a ATTACHMENT B Condition of Submitting Proposal The undersigned Proposer has carefully examined all instructions, requirements, specifications, terms, and conditions of the RFP and Agreement and certifies- 1. It is a reputable company regularly engaged in providing goods and/or services necessary to meet the requirements, specifications, terms, and conditions of the RFP 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. 0 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 Packet Pg. 503 D.1.a ATTACHMENT C LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE q�q A V (Company) CL "...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 c any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." M E 0 (Signature) 0. 0 Date: STATE OF: c COUNTY OF: CL Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online 0 notarization, on (date) by (name of affiant). He/She is personally 0 known to me or has produced (type of identification) as identification. CL NOTARY PUBLIC My Commission Expires: 26 Packet Pg. 504 D.1.a ATTACHMENT D NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: I am of the firm of the respondent making the Proposal for the project described in the Notice for Calling for bids for: and that I executed the said proposal with full authority to do so: 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; M Unless otherwise required by law, the prices which have been quoted in this bid have not E been knowingly disclosed by the respondent and will not knowingly be disclosed by the y respondent prior to bid opening, direct) or indirect) to an other respondent or to an p p Y Y� Y p Y competitor; and N 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: 2 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 Packet Pg. 505 D.1.a ATTACHMENT E DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. M 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any 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. CL STATE OF (Signature of Respondent) COUNTY OF E 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 Packet Pg. 506 D.1.a ATTACHMENT F PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with CL 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. 2 0 M E (Signature) CL c 0 Date: N c STATE OF: CL COUNTY OF: 0 Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 29 Packet Pg. 507 D.1.a ATTACHMENT G Draft Contract CONTRACT BETWEEN MONROE COUNTY, FLORIDA and for POST-IRMA MARINE DEBRIS REMOVAL SERVICES CL 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: 0 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. N 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 y 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 Packet Pg. 508 D.1.a perform the work. Monroe County supports commercial fishermen in the Florida Keys, and recognizes that commercial fishermen have extensive knowledge of Keys' waters, shorelines and habitats, and are generally equipped with suitable vessels and gear to navigate and perform work in shallow water areas and along mangrove shorelines. WHEREAS, it has been determined that it is in the best interest of the residents of the County that a contract for post-Irma marine debris removal services (hereinafter"Service" /"service") be entered into with a private provider of such service(s); and WHEREAS, the Contractor specified herein desires to provide such service(s); and c 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 c warranties to the COUNTY: E 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 c CL hereunder have been fully satisfied. 0 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 y 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 CL cost due to missing or incorrect information. 0 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to his performance and with regard to those directly under his employ or authority. 1.1.4 The CONTRACTOR' services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of Tasks expressly assigned by the COUNTY. In providing all services pursuant to this Contract, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Contract and shall entitle the COUNTY to terminate this contract immediately upon delivery of written CL 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 Packet Pg. 509 D.1.a in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Contract or with the provision of services or goods under this Contract. 1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by both of the parties. 1.1.8 Term of Agreement. The term of the Agreement shall commence on and end on unless terminated earlier under the terms of the Contract. However, the Agreement is contingent upon funding to the County by the Florida Fish and Wildlife Conservation Commission (FWC) and/or other sources. If the applicable FWC funding agreement is cancelled or becomes insufficiently funded, this Agreement is also void, CL 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. E 2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without CL c additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR. Article 3.0 Amount of Compensation and Availability of Funds. 0 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 CL the CONTRACTOR up to the sum of DOLLARS ($ ) for the term of this contract, based on a Daily Rate calculated at $ /day/crew multiplied by the Number of 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 0 0. $ /day/ crew x # of crews = $ /day CL 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 Packet Pg. 510 D.1.a Total Daily Rate per day upon completion of cleanup activities per Authorized Debris Site under Task #2 in the Scope of Work. per unit rate of$ /day/crew. Conditions for payment are as follows: At the end of each month, the CONTRACTOR shall provide an invoice acceptable to the Monroe County Clerk of Court (hereinafter the "Clerk"), along with documentation of service(s) as described in the attached incorporated Scope of Services. Monthly invoicing shall be based on the Fee Schedule in Section 3.1 above. cB Consulting, lobbying, travel and lodging are specifically excluded from payment. Payment shall CL be made only for services provided and there are no reimbursable items. CONTRACTOR's final invoice must be received no later than June 30, 2021. 3.3 Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the c Monroe County Clerk of Court. The request must describe in detail the services performed, the payment amount requested, and supporting documentation. E Annually, the CONTRACTOR must furnish to the County the following (prior to the payment of any invoices, items (A) through (F) must be provided): 0 N 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; c If a corporate entity or similar business organization, evidence of annual election of officers and directors; If a corporate entity, the entity's Articles of Incorporation and Bylaws; The entity's Policies and Procedures Manual, which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; c Cooperation with County monitoring visits that the County may request during the contract year; and 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 76 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 E 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 Packet Pg. 511 D.1.a the CONTRACTOR's responsibility to maintain all permits and licenses that may be required. By signature hereon, the CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The CONTRACTOR has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and hereby represents that it will at all times conduct its business activities in a reputable manner. Article 6.1.0 Insurance c CL 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 m 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. E 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. 0 N 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. CL 6.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. c 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 pre-requisite of the work governed, or other goods supplied under this Contract E (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 Packet Pg. 512 D.1.a 6.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material) until satisfactory evidence of the insurance required by this Contract has been furnished to the County as specified herein, and, when requested by the County and/or where otherwise applicable, the CONTRACTOR shall provide proof of insurance for all approved subcontractors. 6.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the COUNTY. Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: Insurance Requirement Required Limits c M Worker's Compensation $100,000 Bodily Injury by Accident E $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee c Recognizing that the work governed by this Agreement involves Maritime Operations (not to be associated cN with Longshoremen's Insurance) , the CONTRACTOR's Workers' Compensation Insurance Policy shall m 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 Workers' Compensation policy. 0 General Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person c $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 Packet Pg. 513 D.1.a governed by this Agreement. The policy must specifically identify this contract and specify that coverage will extend to all losses, claiming pollution or environmental impairment, arising out of, in connection with, and/or related to the services governed by this Agreement. The minimum limits of liability shall be: • $1 million per Occurrence If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year will be required. c 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 c "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) 0 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 0. 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 Packet Pg. 514 D.1.a request by the County, notwithstanding that the CONTRACTOR may have already provided a Certificate of Insurance. 6.2.4 Coverage shall be maintained throughout the entire term of the contract. 6.2.5 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 6.2.6 If the CONTRACTOR has been approved by the Florida Department of Labor as an authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance Program. 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. 0 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. 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 M arising out of, related to, or in connection with the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s), and other persons employed or utilized by the CONTRACTOR in the performance of the CONTRACT, or (2) arising out of, related to, or in connection with the willful non-performance of the CONTRACTOR. The CONTRACTOR shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of the Contract, including those of any subcontractors. 37 Packet Pg. 515 D.1.a 8.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 8.3 In the event completion of the work assigned (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required CL 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 m 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. 0 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 E any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be entitled to damages for delay. c CL 8.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work, N 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. CL 8.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. c 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 0. equipment at any reasonable time. In addition, all operating supplies and any additional equipment shall be the sole responsibility of the CONTRACTOR. -- CL 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 E 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 Packet Pg. 516 D.1.a provided for the use of, the CONTRACTOR. The CONTRACTOR shall maintain County facilities, and all equipment in a clean, safe, and sanitary manner. Article 12. Breach of Terms by Contractor. The passing, approval, and/or acceptance by the County of any defect in the services furnished by the CONTRACTOR, shall not operate as a waiver by the County of strict compliance with the terms of this Agreement, and specifications covering the services. Any CONTRACTOR's breach of this Agreement shall be governed by the article below on termination for cause. The CONTRACTOR agrees that the County Administrator may designate representatives to visit any c CL 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 m 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 E 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 c 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. N 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 CL herein contained at the time and in the manner herein provided. Bases for default shall include, but is/are not limited to, the occurrence of any one of the following events: 0 Failure to provide services as described in this Agreement. Failure to comply with local, state, or federal rules or regulations. Breach of any other term, condition, or requirement of this Agreement. 0 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, CL 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 E spending cap(s) and limit(s) in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. Article 15. Maintenance of Records. The CONTRACTOR shall comply with all public records and records retention requirements mandated by Section 24, Article I, of the Florida Constitution, and Chapter 119, Florida Statutes, and shall maintain and keep all books, documents, and records 39 Packet Pg. 517 D.1.a directly pertinent to performance under this Contract as are necessary to document the performance of this Agreement/Contract and expenses as incurred and in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7 years from the termination of this Contract or for a period of 5 years from the date of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provisions shall survive any CL 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 m 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, c running from the date the monies were paid by the COUNTY. E 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 c 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) N 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. CL Article 16. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of c 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 CL "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 E distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with 40 Packet Pg. 518 D.1.a interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. Article 17. Public Access and Public Records Compliance. The CONTRACTOR must comply with all Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I, of the Florida Constitution. The COUNTY and the CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters, or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with and in connection with this Contract and related to Contract performance. The COUNTY shall c CL 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 m 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. 0 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: CL M Keep and maintain public records that would be required by the COUNTY to perform the service. 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 y at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. CL Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the COUNTY. (4) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in c 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 CL 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 E the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. A request to inspect or copy public records relating to a COUNTY Contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. 41 Packet Pg. 519 D.1.a If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the Contract's maintenance of records and/or public access and public compliance provisions, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract upon violation of said provision(s) by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAWD-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL CL 33040. N 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. y 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. 0 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. (B) Upon execution of this Agreement, and thereafter as changes may require, the CONTRACTOR shall notify the County of any financial interest it may have in any and all contracts with Monroe County. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 42 Packet Pg. 520 D.1.a Article 20. Notice Requirements. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR MONROE COUNTY, FLORIDA: Monroe County Administrator and Monroe County and Monroe County Attorney 1100 Simonton Street Senior Director 1111 121h St., Suite 408 Key West, FL 33040 Planning & Environmental Key West, FL 33041 c Resources Department 2798 Overseas Hwy. Marathon, FL 33050 m FOR THE CONTRACTOR: 0 M Article 21. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The E 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 c 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 N 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 c 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 Packet Pg. 521 D.1.a Article 24.1.0 Miscellaneous 24.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its obligations under this Contract, except in writing and with the prior express written approval of the COUNTY and consistent with the Contract, which approval shall be subject to such conditions and provisions as the COUNTY may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Contract. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns CL 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. 0 24.1.3 Termination. M (A) In the event the CONTRACTOR shall be found to be negligent in any aspect of the service or work, the COUNTY shall have the right to terminate the Contract after five (5) CL days' written notification to the CONTRACTOR. 0 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 y 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 CL 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. c 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 CL 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 Packet Pg. 522 D.1.a subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 24.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Contract. Any conditions imposed as a result of funding that affect the Project will be provided to each party. CL 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 N 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 a or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd- 3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, 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 Packet Pg. 523 D.1.a 24.1.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former COUNTY officer or employee. CL 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. 0 24.2.0 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. § 200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 0 CL 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 N 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 a 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 Packet Pg. 524 D.1.a instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above or below may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 24.2.3 Non-Discrimination/Equal Employment Opportunity. Except as otherwise provided under CL 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 1124E Relating to Equal 2 0 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: E 1) The CONTRACTOR will not discriminate against any employee or applicant for c employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the 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 c identity, or national origin. 0 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to 47 Packet Pg. 525 D.1.a be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to m 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 E 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 c September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. N 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- c 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 Packet Pg. 526 D.1.a the definition of"funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 24.2.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 c CL U.S.C. 1251-1387, as Amended). CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA) and the Federal 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. M 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 CL System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 3 CFR art 1986 Comp., 189 and 12689 3 CFR art 1989 p ( p p�, p� ) ( p N 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 CL 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 76 Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. > 0. 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 CL 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 Packet Pg. 527 D.1.a 24.3.0 Other Federal Requirements. 24.3.1 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 24.3.2 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under CL this Contract. The DBE requirements of applicable federal and state laws and regulations apply to this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Contract. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Contract. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS 0 a. If the CONTRACTOR, with funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. 0 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 c 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 Packet Pg. 528 D.1.a • Section 216, Public Law 81-516 (33 U.S.C. Section 701 b); • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and • Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR 624. 24.3.5 Additional FEMA and/or FDEM Requirements: • Access to Records. CONTRACTOR/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. Cooperate with any compliance review 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 c 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 E guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials (n and maintain appropriate backup documentation to support the reports. c 0 • 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, c 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 c 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 Packet Pg. 529 D.1.a Article 26. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Contract within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Article 27. Legal Obligations and Responsibilities - Non-Delegation of Constitutional or Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract is 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. M 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 N 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 a 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. 0 Article 30. Governing Law, Venue, Interpretation, Costs and Fees. This Contract shall be > governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Contract, COUNTY and CONTRACT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Contract shall not be subject to arbitration. The construction and interpretation of this Contract and all Monroe County Comprehensive Plan provision(s), Florida Statutes, and Monroe County Code(s) provisions shall be deferred in favor of the County and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on appeal. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 52 Packet Pg. 530 D.1.a Article 31. Attorney's Fees and Costs. The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Article 32. Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY representative(s) CL 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 c 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, E hearings, processes, meetings, and other activities related to the substance of this Contract or provision of the services under this Contract. COUNTY and CONTRACTOR specifically agree that C 0L no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. N 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 y 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. 0 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 W and other factual unit costs supporting the compensation pursuant to the Contract are accurate, CL 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 Packet Pg. 531 D.1.a Article 37. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary County and corporate action, as required by law. Article 38. Entire Agreement. This Agreement constitutes the entire Agreement between the County and the CONTRACTOR for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this Agreement. Article 39. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their c CL 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. 0 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. CL In Witness Whereof, the parties have executed this Contract as indicated below. N (SEAL) BOARD OF COUNTY COMMISSIONERS OF m KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA As Deputy Clerk Mayor Heather Carruthers CL MONROE COUNTY"ATTORNEY vD ToosM C �. .20 By: Signature: Witness (Print Name) By: On behalf of: Witness (Signature) 2 STATE OF CL 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 Packet Pg. 532 D.1.a SCOPE OF WORK for Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keys Background The Florida Keys were hit by Category 4 Hurricane Irma on September 10, 2017 with the center of the hurricane passing over the Lower Keys. High winds, wave action and storm surge caused 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 t� federal agencies have focused marine cleanup and recovery efforts specifically on canal debris, sunken and derelict vessels and scattered destroyed/entangled lobster traps. 0 Monroe County (County), through a grant from the United States Department of Agriculture Natural Resources Conservation Service, removed significant volumes of debris from numerous E canal systems. The Florida Fish & Wildlife Conservation Commission (FWC), in coordination with U.S. Coast Guard and the Environmental Protection Agency, were responsible for the 0 removal of approximately 800 sunken and derelict vessels. Coordinated efforts between the FWC 0 and the Florida Keys Commercial Fishermen's Association provided for the removal of lobster 4 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 0 (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 4- 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. 0 State and Federal agencies have committed to addressing remaining debris impacts along 2 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. Packet Pg. 533 D.1.a Objectives & Goals The primary objective of this project is the removal of the remaining shoreline and nearshore marine debris associated with Hurricane Irma within the Florida Keys. The goal is to provide for the cleanup of 100% of identified debris. The primary focus will be on the retrieval of commercial trap gear,particularly entangled trap rope which is anticipated to be the dominant remaining debris from Hurricane Irma. The secondary focus will be the removal of all other man-made debris identified by the project. The project will target mangrove shorelines (up to the mean high water line) and associated nearshore waters up to 1-2 feet in water depth adjacent to publicly owned CL 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 0 activities. The Contractor will then provide and oversee several `crews' of local commercial v fishermen to perform the retrieval, collection and transport of marine debris from authorized debris E 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 c CL Certification Forms which will provide the central record keeping for cleanup activities. The 0 Contractor will then provide transportation of the collected debris from the Temporary Disposal Site(s)to certified disposal facilities for final disposal_ 0 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 a. 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 0 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 c providing an effective means to reasonably monitor all crew activities on a given day, as necessary. 2 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 CL 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 Packet Pg. 534 D.1.a appears that much of the nearshore water areas and mangrove shorelines of the Florida Keys still contain large volumes of widely-scattered trap and other man-made debris. This information has been utilized in determining the focus areas for this project and where targeted efforts should be placed. L_ Trap Removal Lo bons CL Sear and Am 20? 8 47= are � 96 a€ 178 y ix 17 377 ar#raf Frail 'lusters 1-2 a av Observed in everflitzhts 26-75 0 per 10%mite PAdCell � 76-170 15,253 144 ass U) asap t8 171 3 e 0 Ifs "I m 42 eaa am J h� 111U6 "I III ti a tip 1112,114 N r .. 7 2 R ' S l � t 4c t t��` ai 4 5 �a � 141i„ i U_ 4— �.,,, 0 f s ad A, fir ii:rIW .� A ii ft g55 t 4i LL f trh 4 fa un rs�rinr 31 11�� s �, ,G t c ' ,,,n�r�8;.'k'�d oss 1 stSSa!i uAba tk fir."Ni,,,i.a,as o 1, '€�3',r,� -0 76 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 U_ 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 a stakeholders. Focus on the higher density debris areas will maximize efficiency and ensure effective use of the limited available funding. �t The Focus Area has been broken down by numbered grid cells in association with the performance of the tasks and deliverables outlined below. The project will target mangrove shorelines (up to the mean high water line) and associated nearshore waters up to 1-2 feet in water depth adjacent to publicly-owned shorelines. No debris removal will occur along privately-owned shorelines or Packet Pg. 535 D.1.a bay bottom or in canals. Monroe County will assist the Contractor in determining ownership of shoreline properties based on debris sites/areas located. Focus Area Man 81°38'0"W 811301011W 81125'0"W 81120'0"W 81115°0"W 81°10'0"W 1m ZCL P c IN, CL is 1 ij; J E 1 d t CL 81135'0"W 81°30'0"W 81°25'0"W 81°20'0"W 81-15'0"W 81-10'0"W 2 Temporary Disposal Sites (TDS) Monroe County will assist the Contractor with establishing a number of Temporary Disposal Sites �-- (TDS) throughout the focus area where the marine debris will be offloaded from crew vessels or U_ collection barges, into roll-offs, and from there trucks will take the debris for final disposal. The Contractor, in coordination with Monroe County and FWC, will establish several TDS sites a 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 shorelide 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: Packet Pg. 536 D.1.a • Marathon- Keys Fisheries (bayside;privately owned) • Big Pine Key-the Swimming Hole (oceanside; County managed) • Ramrod Key- Commercial Fishing Area property (oceanside;privately owned) • Cudjoe Key- Blimp Rd boat ramp (gulfside; County managed) • Sugarloaf Key- Sammy Creek Landing (oceanside; FWC managed) Y . }�htd�pj�•$lrtr lJs\tXIt5Pt1�'r�`k �t�r�4�F�tNi£`�r ,i}3 r��}t k����}\}lstet§`",-k\y�l�rt�+-_+��. .. �. v , U) ' s CL Marathon—Keys Fisheries Bi Pine Key Swimming Hole ; m F' 4' �t t��� �\It\31CL 0 Ramrod Key— Commercial Fishin Area Cudjoe Key—Blimp Road Boat Ramp 0 CL k > E n Su arloaf Key— Samm 's Creek Landing Packet Pg. 537 D.1.a Hazmat Handling The Contractor may be retrieving and transporting hazardous materials in the performance of the described duties. The Contractor should have a sufficient level of hazmat training in order to safely handle hazmat(i.e. Hazwopper training, etc.) and ensure that all crews are familiar with handling hazardous materials as may be encountered. All hazardous materials collected shall be properly disposed of at a certified hazardous waste disposal facility. Regulatory Authority CL 0. 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 a 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 0 federal regulations prohibit damage to seagrasses or mangroves. v E As applicable, FKNMS staff may provide Best Management Practices (BMP) training for the Contractor and his crews to ensure that safety and environmental protective measures are followed 0 and exhibited throughout the course of the project work. DEP and/or FKNMS staff may also be 0 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. 0 0. Project Tasks & Associated Deliverables Task #1 —Preliminary Debris Assessments,Work Authorization Requests & Temporary 0. Disposal Sites e� 0 • 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 c 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 E specific locations and at specific debris locations along the length of the shoreline. (NOTE: Identical documentation will be required post-removal for comparison purposes to ensure the project was performed successfully). The Contractor shall utilize this data to determine Total Estimated Density (high, medium or low) for each Debris Site based on the estimated debris quantity. This determination shall then be used to provide Monroe County with Suggested Priority Debris Sites for cleanup activities via Work Authorization Request Forms which shall be based upon the density of debris and the effectiveness of debris retrieval based on the Contractor's Packet Pg. 538 D.1.a methodology. Debris Sites with high and/or medium density shall be prioritized for retrieval work to ensure the best use of funding. ➢ Deliverable—The Contractor shall provide all Preliminary Debris Assessments of Potential Debris Sites to Monroe County. At a minimum, the Contractor shall provide at least(1)Preliminary Debris Assessment for each Grid Cell identified on the Focus Area Map. All Preliminary Debris Assessments shall be submitted to Monroe County no later than May 15, 2021. CL • 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 2 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 E cleanup of 100% of the debris identified in the Preliminary Debris Assessments for the y Priority Debris Sites. If any identified debris cannot be collected due to logistical CL constraints by the Contractor,this shall be noted in the Work Authorization Request Form. 0 The Operational Plan shall also contain an overview of the transportation and disposal plan 1n including anticipated Temporary Disposal Site locations/overview. Monroe County will provide technical assistance regarding this element of the project. ➢ Deliverable—The Contractor shall provide Work Authorization Request Forms for Suggested Priority Debris Sites to Monroe County at least five (5) business days CL 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 0 density shall be 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 0 Authorization Request Form shall be submitted by Monroe County no later than June 1, 2021. a • Subtask C — The Contractor shall establish Temporary Disposal Sites (TDS) CL W 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 E 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. Packet Pg. 539 D.1.a Task #2—Debris Retrieval, Collection and Transport • Subtask A - The Contractor shall perform shoreline/nearshore cleanup of marine debris at Authorized Debris Sites including debris retrieval, collection and transfer 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 CL transporting debris, and collecting photos/videos to document the work. For debris retrieval, each crew shall fan out in the Debris Sites to retrieve all man-made debris from the shoreline (up to the mean high water line) and adjacent nearshore waters (up to 1-2 feet of water). Debris shall be placed aboard skiffs/kayaks and transferred to the primary crew vessel (or other small barge) for collection. The primary focus shall be on the 2 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 E 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 CL to roll off containers located at Temporary Disposal Sites (TDS). All cleanup activities 0 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 CL developed by Monroe County in coordination with FWC and the Contractor. 4- Documentation shall provide sufficient data to clearly track all crew activities. 0 ➢ 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 0 as determined by the County and FWC. At least one (1) Daily Work Certification Form shall be submitted for each crew who performed activities. Documentation shall be submitted in conjunction with the Weekly Summary Reports under Subtask C F below. Final documentation shall be submitted no later than June 15, 2021. a. U_ • 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 E from each Debris Site including debris type(s), total volume (in cubic feet) and any special notes. Forms shall be developed by Monroe County in coordination with FWC. ➢ Deliverable—The Contractor shall provide Monroe County at least one (1)Marine 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 Packet Pg. 540 D.1.a Reports under Subtask F below. Final documentation shall be submitted no later than June 15, 2021. • Subtask D— The Contractor (and/or each crew manager) shall collect photos of each phase of the daily operation for each crew. Documentation shall include photos of each 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. CL ➢ 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 2 documentation shall be submitted no later than June 15, 2021. v) M • Subtask E - The Contractor shall collect post-removal photographic and video E documentation of each Debris Site where activities occurred. This documentation shall be identical to the data collected under the Preliminary Debris Assessment for each CL site including location, orientation, date/time stamp and geo-referencing. 0 N ➢ Deliverable — The Contractor shall provide Monroe County all documentation associated with this Subtask for review and approval prior to payment. 0 0. 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 U_ documentation shall be submitted no later than June 15, 2021. 4- 0 • 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. 2 0. ➢ Deliverable — The Contractor shall provide Monroe County one (1) Weekly Summary Report for each week where work activities occurred for review and CL 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. E 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. Packet Pg. 541 D.1.a • Subtask B— The Contractor shall obtain a disposal ticket/receipt for each load of debris disposed from the certified disposal facility(s) indicating the date, cost, and weight of the debris disposed. ➢ Deliverable — The Contractor shall provide Monroe County one (1) disposal ticket/receipt for each load of debris disposed within five (5)business days of each disposal event for review and approval prior to final payment. Documentation shall 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, CL 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. M ➢ Deliverable—The Contractor shall provide Monroe County at least three(3)photos E 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 a. shall provide sufficient records to clearly track all project activities as determined 0 by the County and FWC. Final documentation shall be submitted no later than June 15, 2021. 0 Pricing/Fee Schedule Pricing is based on a `Daily Rate' which shall be based on an individual `crew' working on the CL 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 0 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 0 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 U_ may vary based on weather, logistics, methodology, location of debris efficient etc. Invoice y Y � g � gy> y� .� 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 Packet Pg. 542 D.1.a Since pricing for the project is based on a daily rate (rather than a metric such as volume of debris removed) it is critical that performance by the Contractor provides a diligent level of effort and an acceptable level of accomplishment of the project objective. If necessary, a minimum threshold for debris removal may be established, below which the project may be paused for retooling/modifying methodology or to address sub-standard effort levels. Photo (and video) documentation by the Contractor is critical in determining restoration levels achieved. Invoicing and Record Keeping CL The Contractor shall submit a signed invoice, via e-mail, to the County's Contract Manager on a monthly basis upon completion of cleanup activities per Authorized Debris Site under Task 42. The invoice shall include a brief summary of the work performed during the week, the number of days and hours that individual crews worked and the total cost(based on the Pricing section above). The invoice shall also include all deliverables required for submission under Task 42 above. 2 Monroe County will coordinate with the FWC Grant Manager upon the receipt of the invoices. M FWC shall provide confirmation to the County that the invoices may be submitted for payment. E COVID-19 c a. Due to the COVID-19 virus, all parties participating in the debris removal project shall adhere to 0 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. 0 CL 0 CL Packet Pg. 543 '' aoyS BWJI-4sOd aol sou p o s 10 BUIMUBU 10 ' not ) 49 y ogejnq p' :4u9wgo 44 s3 � L 0 �+ a m ac LUU ' 2 w a (D } I- p ti- } Z � o o Q Q O O �' o z o U o O o 4- O O O N -� N W w 00 O ,--i O ate+ Cy)j � tn aO 00 ((n 0 N , i ri O p� 4- 0 O U m 0 O s o W 0 O o G -0 W o a Z o W W 4- O N L •�, � GC o, O � � L � Z � LU A v -a L 00 Oa z N o Q W Z N (A W co N Zp0 ` GCY � p -� o Ln �p o WZQ � Zak m 'w J Q - Qam = W -a -0 O = a Z Z 0 W o L m GG ~ n J W � W Z u cn u v a ui O o 0 ,� o ff o �, Q 2 Q Q (n } � c o .� o Q J U N L 0 W Q -� E IL H L c L -J N � > o > o O N z a� � w a m w t a) U Q O U co ro o N n L cn u U can � E > w a� c E W ° CL GG O E w w v w tn -a O cvn E a� U CL o C u -0 U a' } L Q 2 +� � 4- > u' in tn .s o con >. N o_ 4- V O Y -a � � � `+- ° J a Q 4— - F o U W L. to U y_ I— u_ o o �- m D.1.e 0 M E 0 "Proposal for Post-Irma Marine Debris Removal Services" N 0 Monroe County Commercial Fishermen, Inc. d/b/a Florida Keys Commercial Fishermen's Association P.O. Box 501404 0 6363 Overseas Highway, Suite 4 Marathon, Florida 33050 305-743-0294—Office & Fax 305-619-0039 — Cell > 0 Primary Contact: William E. Kelly, Executive Director 0 0 E 0 T) 0 0 0 0 0 0. 0 CL 0 Packet Pg. 545 D.1.e Table of Contents 0 Tab 1- Cover Letter an Executive Summary Page 2 M Tab 2- Relevant Qualifications, Experience, and Service Description Page 5 Tab 3-Performance Record and References Page 12 Tab 4- Staffing Page 15 c. Tab 5- Financial Information and Litigation Page 23 0 Tab 6- County Forms and Licenses Page 26 0 0 0 0 0 0 0 0 E 0 T 0 0 0 0 i 0 0. 0 0 1 Packet Pg. 546 D.1.e 0 M E Tab 1 0 0 Cover Letter and Executive Summary 0 0 0 0 0 0 0 0 E 0 T) 0 0 0 0 0 0. 0 CL 2 Packet Pg. 547 D.1.e 0 Florida Keys Commercial Fishermen's Association P.O. Box 501404, Marathon, FL 33050 Phone & Fax: 305-743-0294 Cell: 305-619-0039 E-mail: F CFA hot il.c Website: FKCFA.Org 0 December 20, 2020 CL Board of County Commissioners Monroe County Florida—Office of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 — Re: Proposal for Post-Irma Marine Debris Removal Services Commissioners: > I. This proposal is being submitted by: Monroe County Commercial Fishermen (MCCF), Inc., d/b/a Florida Keys Commercial Fishermen's Association (FKCFA) P.O. Box 501404, 6363 Overseas Highway,Suite 4, Marathon, FL"33050 Primary Contact: William E. Kelly, Executive Director y y 305-743-0294 W& F, 305-619-0039 C Years in Business: 30 Number of Employees: 2 (Executive Director&Treasurer/Accountant) E Our Association has represented men and women engaged in commercial fishing in Monroe County for the N past 30 years on both State and Federal levels_ Members of our Association have and continue to serve on numerous Advisory Panels including the Florida Keys National Marine Sanctuary, Florida Fish and Wildlife Conservation Commission, Gulf of Mexico Fishery Management Council, South Atlantic Fishery Management Council, Florida Sea Grant and the University of Florida. We constantly engage with State and o Federal representatives to conduct Cooperative Research Programs on marine life and benthic habitat. Capt. Ernie Piton of Key Largo, Florida is the President of our Association and Capt. Mitch Gale of Big Pine Key is Vice-President, Mrs. Sharon Gibson, also of Big Pine Key, serves as our Treasurer/Accountant and is a Certified Public Accountant. William Kelly, of Islamorada, is the Association's Executive Director. i M II. Our Association was incorporated as a not-for-profit with the State of Florida on August 14, 1990. 0 III. William E. Kelly, Executive Director of our Association is the primary person responsible for this CL proposal. Capt. Kelly has been involved with numerous marine debris cleanups on behalf of FKCFA in the Florida Keys m and Monroe County since 2010. This includes annual post-season cleanups of lost spiny lobster and stone 3 Packet Pg. 548 D.1.e crab fishing gear and marine debris cleanups following Hurricanes Wilma, Irma and numerous other named and un-named storms to the present day. Capt. Kelly and members of the Association are familiar with the complexities of this type of work and have the necessary equipment to complete it. Their knowledge of the .6 marine environment, including the underwater marine topography, marine mammals, marine species, 0 sensitive shoreline and benthic habitat, make them ideal candidates for this type of work and in preventing any secondary environmental damage or personal injury during the course of the project. FKCFA is committed to carrying out the work described in the Request for Proposals, and is prepared to begin the project work as soon as authorized by Monroe County, and complete the project by the assigned deadline. CL 2- 0 Respectfully, N 0 /Ui• •ti,,�. E. 0 0. William E. Kelly CL Executive Director 0 0 0 0 0 E m T m 0 CJ 0 0 0 0. 0 CL 4 Packet Pg. 549 D.1.e 0 m E 0 CL L. Tab 2 N Relevant Qualifications, Experience, and Service Description CL 0 0 0 0 0 E 0 T) 0 0 0 0 0 0. 0 CL 5 Packet Pg. 550 D.1.e Tab 2- Relevant Qualifications, Experience, and Service Description 0 I. The Florida Keys Commercial Fishermen's Association has been in business since 1990, with the purpose of supporting the commercial fishing industry in the Florida Keys, and the fishermen whose M E livelihoods depend on the fisheries. Each year thousands of commercial fishing traps are lost or displaced in the Keys due to inclement weather. FKCFA works closely with the Florida Fish & 0 CL Wildlife Conservation Commission to recover, to the greatest extent possible, displaced traps. FKCFA has participated in numerous trap retrieval efforts over the years, coordinating with and utilizing local commercial fishermen. These annual scheduled trap retrieval efforts, as well as similar retrieval efforts subsequent to specific storm events, have been highly successful and the commercial 0 fishermen (and their vessels and gear) are integral to the success of FWC's trap retrieval program. The annual trap retrieval work for FWC is considered to be a large accomplishment of FKCFA benefiting the commercial fishermen, the environment, and all boaters using the nearshore waters of U_ the Florida Keys. For the nearshore debris removal project, FKCFA is partnering (i.e. sub-contracting)with the Conch Republic Marine Army(CRMA), a non-profit organization which was formed in 2017 after Hurricane Irma. The CRMA has developed into an effective grass-roots organization, utilizing small vessels 0 (skiffs, kayaks, pontoon barges, etc.) to assist in locating and removing marine debris from the shorelines and nearshore waters since Hurricane Irma. CRMA has been responsible for the removal of 307,610 pounds of debris, including 241 miles of trap line, from the marine environment. FKCFA recognizes the benefit of partnering with CRMA, and combining FKCFA's resources (commercial fishermen)with CRMA's knowledge and experience in nearshore marine debris removal. 0 FKCFA has been coordinating with its'members, and CRMA members, and is well positioned to immediately begin work on the nearshore debris removal project, based on the anticipated scheduled start date of February 17, 2021. FKCFA recognizes the large scale of the project and distribution of marine debris in the project area, and will be able to end the work by June 30, 2021. Both FKCFA and CRMA are familiar with the Keys' waters, and the sensitive nature of the marine environment. n FKCFA is familiar withfederal/state/local regulations, through years of working with FWC on the annual trap retrieval program. FKCFA will be utilizing experienced local commercial fisherman for 2 the debris removal operations, and ensure that all personnel operate in a safe and careful manner. All E personnel working on the water are qualified to perform such work. 0 c, Subsequent to the landfall and impacts of Hurricane Irma in 2017, FKCFA began collaboration with Florida Sea Grant to perform debris assessments (i.e. identify locations of displaced traps). Flyovers were performed and data was updated to GIS, mapping concentrations of traps/marine debris. On the o water inspections were also performed and distribution data was further documented. At the same "-i time, CRMA was performing its own mapping of debris, primarily in the lower Keys, to assist with retrieval efforts. As a result, both FKCFA and CRMA will go into this debris project already having 0 data on the location of remaining debris sites (both traps and non-trap debris). While that past CL locational data is useful, FKCFA (in accordance with the RFP) will conduct preliminary debris assessments, and update any existing locational maps accordingly. The below map illustrates areas E (in red) where CRMA cleanups have already occurred. 6 Packet Pg. 551 D.1.e •0 M E i a d-' CL 0 r - - 0 4 t CL 0 Both FKCFA and CRMA have experience in the removal, transport and disposal of marine debris. FKCFA, in coordination with County Marine Resources staff, will identify the most effective locations for temporary disposal sites (TDS), based on proximity to vessel access and efficiency of 0 effort. Both FKCFA, and its sub-contractor CRMA, will ensure that all debris is properly handled 76 > and contained, and that all TDS are properly managed and left clean upon completion of the project. Many of the FKCFA personnel (commercial fishermen) have hazardousmaterials training and will ensure that hazmat is kept separate from other debris and properly disposed of(FKCFA is familiar r_ with and experienced in debris handling, containment and transport). FKCFA will provide for the necessary containers for use at TDS, and trucks for debris transport to a certified debris site for final U disposal. FKCFA is experienced in ;debris collection/disposal reporting in the Florida Keys, through its work/coordination with FWC. FKCFA has reviewed all reporting procedures and forms described in the RFP and has organized a project management team to oversee the data collection and proper completion of all required forms. All members of the management team have experience with marine cleanups,and pertinent team members will be on site during daily operations. FKCFA has a Certified 2 Public Accountant who will provide project accounting services, and will be the primary on E development of the project flow process, manage reimbursement requests and track payments. 0 FKCFA's management team will oversee the accuracy of any and all sub-contractor documentation, and ensure that all documentation submitted for payment is consistent and compliant with contractual requirements (and make any required corrections). FKCFA's management team will coordinate with Monroe County staff as necessary ensuring that all deliverables, including required documentation and supporting data, meet the County's requirements for reimbursement eligibility. "-i 0 Methodology for Debris Recovery and Disposal Operations: 0. 0 Immediately upon approval of debris sites by the County, debris retrieval operations will commence. Large vessels will deploy (towing some of the smaller vessels) and anchor adjacent to shoreline areas a where large and small skiffs will fan-out to work the shallow areas and shorelines (not privately owned)to begin retrieving debris.Kayaks and paddle boards may also be used to access the shallowest 7 Packet Pg. 552 D.1.e areas and to access mangrove shorelines, and avoid impacts to mangroves and seagrass. Debris will be picked out of the shallow water and mangrove fringe (where most of the debris exists). As the skiffs are filled, they will transfer their debris to awaiting small barges, as well as large vessels for handling and sorting. This process will continue throughout the crew days, with the smaller vessels making multiple trips to the larger vessels to transfer the debris. Crew on the larger boats will sort M through the debris for any hazmat. Hazmat, as well as any recyclables will also be separated from the remaining debris. CL As barges and large vessels are filled, they will motor (or be towed in the case of some barges) to 0 shoreside facilities (i.e. collection site or TDS)where the debris will be transferred directly into rolloff (or other) containers at the TDS, or be trucked to the nearest TDS. As containers are filled, they will be trucked to a certified disposal center for final disposal_ FKCFA will provide all trucks and 0 equipment(cranes or other)required to transfer and transport debris. C. Photo and video evidence of the cleanup operations for each debris site will be compiled and submitted U_ to the County, along with all other required data forms and submittals. o= IV. Technical, educational, and training experience: FKCFA and its members (i.e. commercial fishermen) have years of experience in the identification and removal of marine debris (i.e.primarily traps),working closely with FWC administrative and law enforcement staff. CRMA also has experience in the retrieval of non-fishing debris. The FKCFA Director, Bill Kelly, studied English Education at Duquesne University and has effectively provided guidance and support to the commercial fisherman in the practice of debris removal and transport, since working at FKCFA. All commercial fishermen, as well as members of the management team 2 that will be utilized for this debris removal project are located in Monroe County. Commercial fishermen will be available for the debris project both during and after lobster season, to ensure that the project effort is continuous.' Most of the commercial fishermen performing debris removal y operations are Hazwoper certified and hold USCG Mariner's licenses. The commercial fisherman participating in this debris removal project have an average of 20 years of experience operating in Florida Keys waters. Crewmen trained in the operation of hydraulic equipment will be provided for v lifting and transfer of heavy materials from boat to container to disposal site. _ V. Proposed equipment: o FKCFA will utilize a combination of large commercial fishing vessels (more than fifty available), o shallow-draft barges, and large (-24') and small skiffs in the performance of the marine debris collection and retrieval (see representative photos below). All vessels are operator (commercial fishermen) owned and the leasing of vessels is not necessary or anticipated. All necessary gear and equipment will be provided by the crew boat operators, including (but not limited to) safety cutters, 0 puncture-proof work gloves, masks, sunscreen, disposal bags, and other miscellaneous gear. FKCFA Ui anticipates having seven vessels operating as crew vessels (a combination of large vessels and large skiffs), each with 4 crew,plus two work barges and additional small skiffs to assist with the collection 0 and aggregation of debris. CL 0 8 Packet Pg. 553 D.1.e Large Vessels m C. I O e N Skiffs CL ft WE Y, �. A I (small skiff) (large skiff) 0 Barges wig LL rY, � dr 4}7Y t 3 �1�4� W C i C r O „ a O VI. List of sub-contractors: i The Conch Republic Marine Army (CRMA) will be the sub-contractor working under FKCFA. CRMA's experience in retrieving non-fishing gear related debris (as well as fishing gear debris)will 0 complement the experience of FKCFA's commercial fishermen. CRMA has developed specialized CL methodology for working in shoreline habitats and retrieving debris from mangrove shorelines, with a the utilization of a variety of small craft. CRMA also has accurate data on locations where debris E already been removed, and where debris remains from Hurricane Irma. 9 Packet Pg. 554 D.1.e VIL Preliminary budget: The following is the breakdown of cost categories and the associated costs. The budget is based on 0 the available $1,135,127 in funding. Based on the combined cost of each category, the funding ) provides for 20 total days of effort, utilizing 7 crews/crew boats per day. E Budget Table: a. 0 N 0 Cost Per Unit Total Cost Total Cost 0 Cost Category Per Day Per Day Per 20 daysCL a 7 Crews/Crew Boats $7,000 per day/per ; $49,000/day (4 persons per crew boat) boat total $980,000 $1,500 per day/per Barges (2) barge $3,000/day total $60,000 Preliminary Assessments and Reporting $21,000 0 Post-Cleanup Assessments and Reporting $18,000 s W Miscellaneous: debris 0 transport, TDS management 0 and cleanup, and insurance. _ $6,127 L4 0 Dumpsters, debris hauling to y final disposal site $50,000 Total Cost = $1,135,127 Available funding= $1,135,127 N m For purposes of the Fee Schedule table below, all operating expenses described in the Debris Removal Budget above are built into the Crew Rate. 0 0 i Daily Rate Per Crew Number of Crews Total Daily Rate 0 CL $8,108.05 x 7 = $56,756.35 10 Packet Pg. 555 D.1.e VIIL Additional information: 1) Bill Kelly, FKCFA Director, has reviewed Addendum No.l. o 2) If funds are remaining in the set-aside of$164,873 for disposal costs, FKCFA would be happy to ) utilize the remaining funds to perform additional work days. E 3) The provision of roll-offs and transport to the final debris site is a significant cost factored into the (n Daily Rate Per Crew. If the County would consider collaborating with FKCFA to have its Public CL Works Office provide clam shell trucks (or other) to take debris directly from the vessels to the 0 County Transfer Station it could increase efficiency, reduce the Daily Rate Per Crew and additional work days could be performed. This methodology could alleviate the need for TDS sites and containers, which is often a concern for neighboring residents. This collaboration has 0 been successful with past CRMA cleanups post-Hurricane Irma. a. 0 0 0 0 0 E 0 T LL 0 LL 0 i 0 0. 0 CL 11 Packet Pg. 556 D.1.e Tab 3 0 M E Performance Record and References y 0 CL CL 0 0 0 0 0 0 0 0 E 0 T) 0 0 0 0 0 0. 0 CL 12 Packet Pg. 557 D.1.e Tab 3. Performance Record and References 0 List of Past Projects: M E The Commercial Fishermen's Association (FKCFA) has performed numerous marine debris removal projects in the Florida Keys, through contracts with various organizations and government agencies. The 0 following lists recent past projects, and summarizes the projects and services provided. 0 N Date Project Project Summary Annually FWC Trap Retrieval Cleanup * Post-season cleanup of lost or derelict crab 0 and lobster traps from Miami to Marquesas. 2018 Hurricane Irma Debris Cleanup* Cleanup of commercial lobster traps on shore (with FWC) and submerged. Cleanup of clustered traps U_ in navigable waters adjacent to Duck Key and Little Duck Key. 2018 Hurricane Irma Debris Cleanup* Cleanup of traps and debris in the Marquesas (with Univ. of Florida) Keys and at Woman Key. Assist with turtle nest identification and marking. 2011 Debris cleanup* Cleanup of fishing gear and debris in shallow (with Cahaba Disaster Recovery) water areas from Key Largo to Key West. * For each of the projects listed above FKCFA provided boats, equipment and crew to perform identification, recovery, transport and disposal of debris. Methodology was generally the same for each r_ project, including the use of small skiffs to work along shallow shorelines to locate and collect various 12 marine debris, consolidating the debris onto small barges, and the of larger crew boats from which to U coordinate the activities of the smaller vessels and provide additional deck space for the collection of debris. Debris was then transferred from vessels to containers onshore, then debris transported to the final debris site. E a) The above-described projects are similar in scope to the-Post-Hurricane Irma Shoreline and Nearshore T Marine Debris Removal project. All projects addressed the identification and recovery of fishing gear/traps ii and/or other debris in shallow nearshore waters and mangrove shorelines. References: (the below references are associated with the first three projects listed above and are similar in scope to the proposed Post-Hurricane Irma Shoreline and Nearshore %� Marine Debris Removal project) Dan Ellinor, Commercial Fishing Liaison;Annual Contract FWC, Div. of Marine Fisheries Management o 620 S. Meridian Street U- i Tallahassee, FL 32399-1600 Office: (850) 617-9624 e0. E-mail: Daniel,Ellinor at ,MyFWC.com CL Pamela Gruver, Biological Scientist; 2018 Contract 13 Packet Pg. 558 D.1.e FWC, Div. of Marine Fisheries Management 620 S. Meridian Street Tallahassee, FL 32399-1600 Office: (850) 617-9624 E-mail: Pamela,Gruverat WFWC.com ) E Dr. Cathi Campbell; 2018 Contract Univ. of FL, Archie Carr Turtle Research Center 0 P.O. Box 118525 Gainesville, FL 32611 N Office: (352) 392-1250 E-mail: cicatu bell�a ufl.edg 0 CL 0 0 0 0 0 0 N N N E 0 N 0 0 N 0 0 i N 0 0. 0 CL 14 Packet Pg. 559 D.1.e 0 m Tab 4 0 CL Staffing CL 0 0 0 0 0 0 0 0 E 0 T) 0 0 0 0 0 0. 0 CL 15 Packet Pg. 560 D.1.e Tab 4: Staffing 0 a. Composition and Structure of the firm: E FKCFA is a not-for-profit corporation, 501(c)(3), comprised of commercial fishermen and Ch fisherwomen. c a. Persons with an interest in the firm include: N Members of FKCFA: a Arencibia Jr., Santiago 0 Arencibia Sr., Francisco Arencibia, Carlos c. Boggess, Ronnie Bossert, Michael Bruland, Justin Bruland, Raymond Bullard, William Butler, Mark c 76 Buxton, Nathan Carter, Charles Carter, William C Christianson, Bob Cole, Larry Cordova, Diego L. 0 Curry, Richard y �C Daniels, Randolph Daniels, Tim E De Leon,Yunielkis Diaz,Ricardo N Diaz,Richard Elkins, Kaynan Gale, Mitch E E Gonzalez, Robert c Hewlett, Butch Hill, Adam Hill, Luke Householder, Thomas o Irwin, Bruce 1 Irwin, Ryan Kelly, William 0 Meyer, Barry Jr c- Nichols II, Gary Niles, George E Osborn, Zane 16 Packet Pg. 561 D.1.e Paan Jr, Juan Paan Sr, Juan Padron, Daniel 2- Palma, Emily Paskiewicz, James Pillar, Robert Piton, Ernie III Piton, Ernie Jr CL Piton, Travis Rentz, Walter 0 N Sands, Gary Schofield, Bruce Stafford, Simon Stokes, Bart Stowell, JamesCL Tracy, Richard Turner, Richard 0, Vaeth, Scott Watkins, Harvey Young, Jerome 76 b. Organizational Chart and List of Personnel o Organizational Chart 0 Project Coordinator William Kelly y FKCFA Director N E m N ru IF IF 2 m Debris Recovery Manager Accountant/Treasurer Assessment Manager o Bruce Irwin (FKCFA) Sharon Gibson (FKCFA) Brian Vest(CRMA) N 0 (The above are members of the Management Team) IF IF U- Commercial Fishermen CRMA Personnel N 0 0. 0 CL List of Personnel 0 Key Personnel (Management Team) Description of Work to be Performed/Background 17 Packet Pg. 562 D.1.e Bill Kelly/Project Coordinator Bill Kelly has served as the Executive Director of the Commercial Fishermen's Association for the past ten years and overseen the administration of marine debris cleanups 2 conducted by FCA from 2010 to the present day. Bill will serve as the project manager for the entire project. E Bruce Irwin/Debris Recovery Manager Bruce Irwin is a lifelong commercial fisherman residing in Marathon, Florida and has extensive knowledge of the marine 0 CL environment detailed in this project. Bruce also served as the 0 4- On-Water Project Manager for the Disaster Recovery Services W effort following Hurricane Wilma in 2008. Bruce will be the Debris Recovery Manager whose responsibilities include 0. scheduling and logistics of all vessel operations, and overseeing aggregation of debris from skiffs onto larger a. vessels and barges. Bruce will provide oversight of debris U_ transfer from boats to collection sites on land, ensuring there - are no secondary environmental impacts. Bruce will oversee the transport of debris to collection sites and TDS. Bruce will also manage the reporting and submission of required forms W and documentation (in these areas of responsibilities). 0 Brian Vest/Assessment Manager Brian Vest incorporated the Conch Republic Marine Army 2 immediately following the devastating impacts of Hurricane Irma in 2017 and has managed multiple nearshore cleanups in the throughout Keys. As the Assessment Manager Brian will ensure the use of necessary protective equipment by personnel 12 U and conduct safety briefings. Brian will provide scheduling y and logistics for operations at collection sites and TDS. Brian will also oversee the preliminary debris assessments and post- cleanup assessments at debris sites, and is responsible for the E associated documentation and reporting. T Sharon Gibson/Accountant-Treasurer Sharon Gibson is the Treasurer/Accountant for FCA, and is a _ ru Certified Public Accountant. Sharon has overseen the 2 finances and administration in prior cleanups and is familiar E with the workflow process, payment tracking and 0 reimbursement requests, and internal auditing procedures. Sharon will provide the same functions for this project. Additional Personnel o U_ i FKCFA Personnel: y The below personnel are commercial fishermen who are available to be involved with the debris recovery 0 operations. Those personnel (as needed) will be operating vessels and/or performing shallow water debris CL removal, loading debris onto large vessels, large skiffs and barges, and transporting the debris to land. The debris removal from mangrove shorelines is intensive and the personnel are familiar with the collection of E 18 Packet Pg. 563 D.1.e debris (ropes, nets, fishing lines, etc.) heavily embedded in mangrove roots and limbs. All personnel have experience in prior marine debris cleanups performed through FKCFA. Santiago Arencibia, Jr. 0 Franciso Arencibia, Sr. U) Carlos Arencibia E Mario Becker Michael Becker CL Michael Bossert Justin Bruland In Raymond Bruland Nathan Buxton 0 c William Carter Diego Cordova CL Jeff Cramer Cole Daniels 0 Randolph Daniels Tim Daniels Richard Diaz Jesus Diaz 0 76 Mitch Gale > 2 Vicki Gale Butch Hewlett Adam Hill Bruce Irwin Gary Nichols Beth Nichols y Josh Nicklaus George Niles Zane Osborn Juan Paan, Jr, T Juan Paan Sr, Daniel Padron Emily Palma Robert Palma c Robert Pillar Ernie Piton, III Ernie Piton Travis Piton o Manny Ravelo U_i Ruben Ravelo 0 0. Gary Sands Bruce Schofield CL Simon Stafford a� Bart Stokes Richard Turner 19 Packet Pg. 564 D.1.e Jerome Young CRMA Personnel: , 0 The below is a list of available persons that CRMA may utilize as needed. All persons are experienced with debris retrieval and transfer, and have been involved with CRMA debris cleanups post-Hurricane Irma. It E is anticipated that approximately 10-12 of these persons will be utilized on any given day, as needed, for debris assessment and/or debris recovery. 0 Bill Keogh N Chris Castro Kacie Bonner Don Maynard y Charlie/Dorothy Howell Pam Van Meter c. U_ Stuart Scripps Kim Scripps c Randy Rhodes Corrine Lowe Michael Kennedy John O'Duke 76 Kendal Klay 2 Warren Cleary e( Sioux Murphy Carla Burns c Steven Suttles 0 Calvin Petterson y y Timothy Joel Messamore Susan Martin Tacket Thomas Ryan m Skat Fischer T ru c. Information on Sub-Contractors: 2 0) The Conch Republic Marine Army (CRMA) will be a sub-contractor to the Commercial Fishermen's Association. CRMA is a not-for-profit corporation, 501(c)(3),that has been operating since 2017. CRMA is has been performing marine debris cleanups post-Hurricane Irma, and has the knowledge and experience to significantly help perform the services of marine debris cleanup in the Florida Keys nearshore waters. CRMA received a Resolution from Monroe County supporting its debris recovery work in the Keys following Hurricane Irma(see below). ° i 0 0. 0 20 Packet Pg. 565 D.1.e RES011.111TION OF THE WARD OF (XAJ7NTV' =0 QVNI i'1SSFO�,� W 017 MON"ROE COTWITY, F11. 1 ,f . A CL FROM 1:1,t.,'RR,l Cad N E I RMA. 0 WHEREAS', Ilurriurnc Irma, a. uate�o,'r htrr ricanc it th-e F I, rich Kz�son eFtcrllber Oj 2 17:, the st-oral surge and winds crrrr.ied rv,-ir °Fmns of hurries, sheds be Iongi'i %w b:.rns cars, t, and Lott Q dobfis caught in the"trtangrvwus wid war short �,Yaw.rs of the Ilorida etas®and 00. VVIARREMA the Anch Rmpul, lip MariusArmy-. Turn. °l.t r na r (°RIMm ) formed in Decom beT 1° , is a tw;',r ots A wo ltmdea' or w aft ion. corn in iTig corrlmun i1y and priwai:L- I 'eS01.4rX,e, tr.7 ai tilck the cozalsircq tic. �Iijtrragr ctusek] by the debris to ut.rr ways IA:.le IIIEREMN% tirre C .MA is a rew dcmcd Florida mr E,16, bLvil; reco'ba'Aud as a lax easnlp"Acharily under Section 5 I(c °3)a the lntertial Revenue('xide;4nd WI'I RkyAS,itic RA,4A roimll[ne me of t.ck mm1nl it �a Nar� �IJ11�I�,i���la�il i�II Ital "I GL al I I�'�®lal�'1 w 2 oc.i 1, inedia., twivip pe.,, r tt1.. ,and t[!ACVESi D11 la-r rilJ!tc r ,e whm are. calbi Event Lek" Md a o°ttt evere 6 us eckv all ow the Wyc a. .� E"I'k A ,, to date, he ORMA lizis he1d onwr 2 tt iic 'hattlee'., ur,i whiz1h. 2:3M) 4°o1 rnte rs have lea• ed AM orn all ov r Se Key% South t°Icyr a, and the r . ,, of the—Stuc of I"lo;ridun wv M a;`rv(.,r. 1(),(X)(1 volunteer hom flr1 gaL The voluntegrs have ptr I6d 1.27 41 tons of � g r1r1"ialy r,]r'1, h vva leer o"id .`prlt of Ow hand, and HER- , (- :a I foUnd0 ' ElriAgi VooA, IV*, be r ivl� (l by NOAA to aak at the E Lrpwivi n `lV1i('ax i1'11 Co i'bl-w,�an Nlarirre Ehlids SyMpWuni in Mank mid CRMA hus l( 0 t lr�r s i,rl°r It i with NO AA A as ti��l l i the Florida Fish a'wd ��it li to �°orr°�rrn i iti rt, Che ° artlorral `- �r°rr r . ���vLyl` I®Aal 'rir #r, rl at,ri;r , �;'.f Il il" rii�ll'r�� tt 1"rri rvaorrP a`rrrlrt tl rer°; aiar tLL a: R A Y" c Florida, Ina i started the, Cape al urine A i'my, as an exan1 le}, to achievt tin rk�r°i� ' as°Itil y IJI t rL l I'�a wa.l,' IJI"I�, ti ai.�l, chh�pb,Rlaw gala on,aI tiarJ lctKat W Id I lead ttl IL' LLI L&jJL" I LC aa.]U3 11d Id;;Iil=IZA: � 10 r1 ,-tcrrw. issum.,and A"fif ER;-1 is, PuTsi n , r grits fbrfur4ng biai Its(n nts and ful ki°me,staff str pam; emablishing m'r operations 0eriter Or die jar-ocessing of trash a lher (.l )r°1ash,M Pia 4V,and rt icy 1 4t i y ril fur')d die t ir`iLtl�se 1"1 L'��i��i�E�� ril and vicss ic, M�wq. '�ri, elt, wwfid ki the mission; `; 'II as Ineg inning a " i;l.l oc MripmVe" rcPh"anting efyb;ft 111101.1ghMUt Lys and workingn, wil.111 'O:A 0. [o rind a rnean'in1=d`u1 wily(tie i i ! With the,ivr I val. Iu` .-r.Rr--.traps.,gear"-arid, litic and as ;e I, v 21 Packet Pg. 566 D.1.e R MRALN, 11 CRMA calculaat s, lma inspectim lours, that Ekka are rnillions of Pounds � of ..1 I r rtr rtriar, out in the l ow er Kqs-Baukociaratry tra be gaLfwred,1`car mm est n'iated 10 nw,r scars woTk, La cicaaz 0 m WIILRIo St the Monme County Bimsd nT Cmmy Commi °ri sJrb nct w- trlrl like to E wkn/a"avl dge and mprem, theirs a lapa'ecI��rtlrn n iru alai. Cunch Reptiibliu Marin Annw, and IdICIr ti:idu to rs', f6r thew bud, wr.ark tneredibLe resulLs to,date, and.r]Wir 4WIgping LIT6115 w t`";Il ovle c CL ,°rll sto'(1))al bris from the manp ves and mar-shore mmers of the Florida Keysi,aa.nd NOW THEREFORE, BE IT RESOLVE.D. BY THE BOARD OF COUNTY 0. N 1. The (,, d as COUILIV (ANIDnruc County,Finzida ftcrebya acknnwkNIp,,.c CL and exprCsscs Ill it approdittkin 1"a the Conch, Repi.t hc Maxim Arr'rt. " and 'their Vtalrrarteers for tlivi r. hard "nrk a.nd, in r ria 1. resul Ls to date ra.ml hez cif m., its r!aonti,nucd suppcirt far their ranpiq offoll's ia rermove. all s1 rtm delmis, frk.n 11r antra ruves and riearAlux .t tlw 1°lon,d.aa.Keys rnnI.ti.rrg frcmi H,urriclane Ira 3 . PASSED AND ADOPTIMy th,c Board, n:a1 County Ccorr7la kLdw 3cr. ,rd"Mc)rimne C',' a1a1r ° trl r o ., .t 1 ,ji,�1 � lay�a .il� : 1 alas ° i� far°..l, 2019i �.�.�.� Mayor K�Ivlsa J.Murphy � YD C.co rLA r Michelk, (7oldirom irtr'rt J`rlealmer ryti .,, - d A,r,r Ksi,, KEVIN M 1)(7i A(,,I rk 8 CPA R D 0 F )>��N7Y Coill;,t l s s IL, y 5 m 0 U !` . 7 JL 0 ,00 CL Pale 2 of � 22 Packet Pg. 567 D.1.e 0 M Tab 5 E 0 Financial Information and Litigation N 0 0 0 0 0 0 0 0 E 0 T 0 0 0 0 0 0. 0 0 23 Packet Pg. 568 D.1.e Tab 5: Financial Information and Litigation 0 a. FKCFA is a 501(c)3 Not-for-Profit Professional Association M E b. Board of Directors: Ernie Piton, President C 0L Mitch Gal e,Vice-President 0 Bobby Pillar Billy Niles Jeff Cramer 0 Josh Nicklaus y Justin Bruland Mario Becker c- Daniel Padron Rick Turner c Jerome Young Ernie Piton III Officers: Bill Kelly, Executive Director c 76 Sharon Gibson, Secretary/Treasurer Vicki Gale, Seafood Festival Advisor Jill Snodgrass, Seafood Festival Director Sean Krikorian, Seafood Festival Director c. Monroe County Commercial Fishermen's Association was incorporated with the State of Florida in 1990 and has been in continued operation for 30 years. �t d. FKCFA has operated under its present name since incorporation. e. (i) No (ii) No (iii) No — (iv) No 2 (v) No E (vi) Customer References: c Dan Ellinor Florida Fish& Wildlife Conservation Commission 2590 Executive Center Circle East Tallahassee, FL 32301 0 (850) 528-2530 —1 Dr. Cathi Campbell 0 University of Florida, Archie Carr Center for Turtle Research 0 P.O. Box 118525 c' Gainesville, FL 32611 (352) 682-8739 E 24 Packet Pg. 569 D.1.e Janetta Allison Cahaba Disaster Recover Center 4619 Springhill Avenue Mobile, AL 36608 0 (251) 342-7165 M (vii.) Credit References: Rick Marks 0 CL Robertson, Monagle & Eastaugh, PC 405 Talahi Road SE N Vienna, VA 22180 (703) 577-2187 0 City of Key West Community Services Marcus Davila, Director 633 Palm Ave. U_ Key West, FL 33040 (305) 809-3765 US Foods, Inc. P.O. Box 281838 Atlanta, GA 30384 0 (800)275-5723 2 (viii) Financials: < Provided in separate e-mail to the Monroe County Purchasing Office 0 N N N E 0 N 0 0 N 0 0 i N 0 0. 0 CL 0 25 Packet Pg. 570 D.1.e 0 M E 0 CL Tab 6 0 0 N County Forms and Licenses 0 0 0 0 0 0 0 E 0 T 0 0 0 0 0 0. 0 CL 26 Packet Pg. 571 D.1.e 0 Tab 6: County Forms and Licenses 0 County Forms: E Attachment A- Certification Regarding Debarment or Suspension Attachment B- Condition of Submitting Proposal Attachment C- Lobbying and Conflict of Interest Clause 0 Attachment D- Non-Collusion Affidavit Attachment E- Drug Free Workplace Form Attachment F- Public Entity Crime Statement Other- Insurance and Indemnification Statement Insurance Agent's Statement c. 0 0 0 0 0 E 0 T 0 0 0 0 i 0 0. 0 0. 27 Packet Pg. 572 D.1.e ATTACHMENT 0 Certification Regarding Debarment or Siuspenswon U) R, compflancA v i' Federal Awaros Pro �rarrr, I"r,,l k I� rorrtI �catjerr IS required y fl r �� r 0 CL The, r r r r #I"I . ko the Dear' of its knoWedge and ti l e , that neRtter the PrOonser n~ r its Prjrtr;jpaIS Sresr spertar r y I arr," _,j, PrIOPOSed for debartnent, a dkcla,,r ,rd w fl R '� *%jr the & �n f gre r'nev from he Unded States, %�d r i government rrxculsrrrrr rrR0. r cc r mem pro-FAMS, car are listed Jri ttle � Excluded P rrl d t � rrl I s �� o rr r` i for ,� �r M i'r ernentby tl!'ie PO fPUrP0S03 Of lNs� r s w rR ;ls Offir, erg lira toys 0 �' rt ins having r rr r ��"lr ilaeof,"1101 r � SH � ram" s� rr r r withi bi.A e entity �� ���; r�u��r�r� rr� R ��r�R�� � &vi I i, or ;orbs@nesssa9morr'„ aR' Purchas-iing 4, at any tiire rjdrjrto oviard, Pigs Proposer� arns Cheat tflie r rt c-all n was 2 rr rr,40u t4 'rvhen submined of has bec;ern ;r art r � a r r, � � " �` LL�off� ,�u ��I�ar � , Trigs co-rrfiific trjr�n ,is a rrl r rrr d representation fact u r n which r iianc 0'fl b � dared ' her making the award, ff it ''° f, r d� t R 11}� '� I� �� � �'� � �M � � ��ra�� r Ch u � a� �rio to oflrt rrari I op avaff a, tr lC r Director �tJ af t� adNr `a rVirl i 1rrlirh r 6 IuR to Prin,te,ir Norris o` . set iv ,n � " E Signature Company wAr o"otO'k, t� E Address: 0 i 0 0. 0 CL 28 Packet Pg. 573 D.1.e ATTACHMENT Condition of Submitting Proposal 0 1` r "undmrsignavd Prooser[gas UOR t l -amin ril11 InsttuCtioris,requirewnem nlft dtt n , terms anei c n ltJ''a7ry a of the ', and � r rl9 tr"1t n � tl l� n messary t o east the reqiwkornerts. bat�r, ttr and Agreement- „ terms, n rmr4ittons o the RFPCL It has tho p niesn , know,19-dg% t7ikb,; -. s ell and resolurcos to tJ y perfccrrn the raWjirem,"n1s, Sp ecil5cationts, mr 1 W 1 s i 1 RFP acrid 'Th r�ftr-rent h ur`t f -w y" d Pr�� � � r ;r e t � r�u� ' r aal a ar . � tt ' tlOn tr '`rTl It 1n€ t r�.,o o v0. ,tti �F rxi Agreement � J, AP tat rf' ., ts,, mformiat""on, and reptevsem tiu,zrm pfoparfjr,a ti tl Ot -n, respDrise er. tu, the RFP arucurrent, cm pate, tr , ,v�jd as clrrata, t r; tr_ � r no-ma til t try ar County, �oan� of ( �uT1t�' � �t �tu�1 a ��ll P (MCB `ACC), WIN! rely � s statrmnlent� rinform�a 't'ir), ncf, s�` 'ram i*'rt trr;�r'ns In el ctIn i rile rlr icew�tEalr pro rf.,1, r. 0 That t v. pr,jr,,es qued t tl be MCBOrC .-1,, mrrrg for the rod l c a rnV r Servims tk ' t"he, tim short m the RF ftl shaN be briun tr tl t t�Jf� r' rr I f in Its Prr>p ��.1_ � � G la ����rr �f�J,�� err"d guainantoes rnyar''J ;p, '� oser, � aslir�' h�alt`rs 'err ' r'! rr � l`r 14, t 0 0. 0. of -,liWrest or appeararnill of a = r'ltlr t of intsq- -8 JCC, in r t r. �C ia�ta _ o � � , O porctiase orders, rrustl.Lff ij�jj�y sett r z��acmd and axeoutad by t' SCIC ,ann subt�etc,[ to � the terms and r°ondit^nor of If* RFP and lt!gr rr ont, � 0 cn Bps n tloalt ing flj,,rrs t'pri , Propciser agrees tlf VCSr�C re,e vl s t��'Je Y r N yorecn rr 1, to o�vet t °ttr rr prr �� t "I f"`i r`�, !t to o�nccir t l r` al ro Interest in E any re"er Ott diet remulls From, RFC Ea c hof too rggy �ck, Institutions vllm � rr a t tk purllg documents fcar the iold s` rv1u,e� ri^ J-sei romm's �_ that MCBOCC shi.A bl a r no rosponlsli Slflty ar Lipty tOr a lsrly agreerrients b l', ° ropiser and t .0 tion(sj, 110ske tO G clsc tt 1s cjprj �n- VENDOR LEGALE gym 'e 1r St _..�- ......................... �. . c .— �t TftLt r — �. . ry ;/ . _i aE, ._. 0. 0 L- CL 29 Packet Pg. 574 D.1.e ATTACHMENT C Lo O D 4 . ETHICS CLAUS,[., O CL 4«41,1 O fC^ O `ant+tfvf' that n9xxt n"'knlC' s'aEd. et �Y'4�' C� kl Yn� a1 � � � � O � a t �� �ally�Ier, t zilf ny fnv eta O i(htsd y ti n nkP �1�pi & � l 1 W to � l Lk 9 �2 1 iT � 1! k�fi 90. Of CMTIP�DyPe_ Ert 3 of rdln`ano� & No �,��s'k��9 1 F "v brpac s t_,w �,Tola'1i,,rl l O,f ail 'V a nl �li ''� � i ,, 1) tts sere on iteN�"�4htl ato this r grce,`9jerq WOit;FW ImbMy and may Wsn w IL i� dW x �W,n, �4 n nr. f�mp r 1 4 r,,,rnt, d i LL � nr t� Eal� of kJtur�t9 k � '�V �� k� t # la� ln'n ti CL F n nn ' a fViIT k nl 'vl Wn'.nW%9M inn conWdawb 1'V I�I �j���thfu i bn n n �,���1 Y1 ��s � qr erTnp s ti ... ... ..,.. Suhticnbc,A and aRnr9'aed'I be art S?, by rn arls a p'lhy Cal t" ' " �ncp, I o' f,'T`e � ��' �� � �snn�a� ��n � �nl i li, Ij on O N .,,, to {a a t e ,y v T) i- NOTARY PEREZ O V COT� MI s JIB Explres O I O 0. O CL O 30 Packet Pg. 575 D.1.e ATTACHMENT D NOWCOLLUMN AFFDAVIT W 111 to law onmy oa _ 1 the city f m �� ccording th, And finder pectalty of pert pcse an say that. 0 the firm of rotoct descrtbed r,l tile Notice itf: e- th, POWl "It Making tP Proposal for the w and that t cti the sam T r a; o °� � .rli Irrtrrr17 to cu O The prices iin this t imdependwitly without cotfusficn, trorE uP'2 to 1, COM murOccatron or agraernent for Pie purp s,v.,,�of Tostricting cormt trtorr, as to arvy rnafteir relating tiro 7 tr on cos wlti, ar,,y other r nden or ,th any � �[� �, CL U- G mess othemvise, required aired by taw, 1 a-veeen quoted in this h O been Mrrowiry,gjynifjrfaqQ,oI by tt-it re-lspo rdent aid, Dili not kixaffthn-glly be dfsdc5,edy the resr,0111 ent prior t hoio oVaniing, ire tl,y�" or irr� ir4 t y, try any,oth� r r ; �� nt or to n �,Dmoot,'Ior and No attempt t r�r mfl be r r e b the resocndeM to any cvjer perS !I ru c„rr.rrei i�,,up or Lorporation to Seib `rit, c,r r c)t to s pr it,, bird for tha- i err S of r i.�i'crind > The t t r nent ,oont. r er in this devit are true and attract, and madle, Wth Vill k1nowdedge � ttrat MIonrov �`y>rumtt�reliesupxc r thetruth of tt , t 't ij1 flt contain iin rt in t ry � pit ire O {emir Agf rrr nt t r s ro p"pe v V a d STATE OF E iNT , 14 Ln P r�'? NALLY P 44 1 BEFORE ME, the undersf9riled th-orr " g'j�dhrr tr t rat tryr(I ' _i rl r rP I qu m r ad , e, -r rC o rndivi' u ., Sit �rr� _ r � o t`r' ail O r r � i, �sW O � � U NOTARY PUB�t,C f off Commission ExpI r s r Al.' (B O I O 0. O L. CL O 31 Packet Pg. 576 D.1.e ATTACHMENT E DRUG-FREE WORKPLACE FORM 0 The -1 n � �Ralw x lut 7,08 erg ro J w4 that /110 AV 0 '" 6f _ umr7ess,l 1, Publwshes a S lat n-gatq titerCOL �t fyin iioyes tttat Iffle unlawful mrr uf�� trtr��, ddtar�.��V"I, Aspensh, passessbn r r k ON., SubstAn0e. is N rJ Ge BAR the w 5 u s " S , ckt in theaSo i that I be takerig a�� ,-ir � � � >� I��� �� � r ;���r*te�^ �� �rt� �ruY�Ntpo Ot Such protubition. � dart 9r 't 9 i a t # Ct'i ,' rs f � � r tar �� ul thebusenesaw .s 0 of r'r� r��'a i t ei� a r � w �� 19 � t r r 0. I,t l air �r�r i: b r r� ha Hi ��o end � � �"�" a a s � a 1 p I°;iu rattts, a°n thepenaltiesthat rlPay bald I`T't�'� � U�UtXXI 'mplo"yeam for �= drug abuse %no"4'atio , CL - f vy r s r r 1 4ey �� a 'in �ara�vidin the r; t una Ans or �i".CIF � � � Ott � ar" � I�'�er ad copy Cdt '�1e stwter ent t. 110- Irt tne ctateq-rlontspoQed in s!ubsecdon (I! ♦"`tuhhos the 'P't"Ciployerls t' I"O, Js a a,orid"i wrl eff tworking on rho conl ioo-jirp s or aefiaoca s lhal are ttriw ' Nd, the��p"fit ��'��r,��,.'��Id� ��tu �t110- y trio top mis of tho s a' fe` nI I �ti r"ra' 'u i�` p u�,� tea r l rl �" ` r9`" r� �k r t t a r i trat t�� p � �`q ru subj r f t e tares or a Mate, o 0. 134hP rrl'8 ra r " " 'i''txr,Y""nt e rt" tlr f, , �k ,i " r � a tl, 0. or rehabluavon proxgrC w,, J such is avarlablein the OTrl'IPHOW"' r ram` n"unit+�, r r��°[`a�t � i�a�yme % who Y'S �^� �rtiprr�t�.k s a c kr OW* a good ArEx:61 eno to cmllrlie to A drug-froo w arkpiaiGiP through section- As thk,$, pill m a tho izeir to sign Atat, � F OS oci r ��p".Jr'er ren H, 'atr r - w Av 'aa tlJna ter tr9 irU,I6 r' ; pit i m —its, _ 0 BE PORE NIF 0hos,A. p ..a�h 6 _ alt r finsi 4;- , w,-o'r by me,�,mr mo o� ilror�l�ta�l in roc s wm'p"ovpda a ri'm On"Airs � a ! 4 t , f Id 1 aU h P ,k hn "w �u. aar U- . 7..71w--���— OnTA,PIU 0 0. 2 sm CL 32 Packet Pg. 577 D.1.e ATTACHMENT PUBLIC_ ICRIME. per-ion or affiliate wl:0 Mai been pilar a a wi o convicled Y and or tr t traljq Nnq �;����N�ta��� t� �a�ut�>tN erflrl,ta,, rYil'71 may not submit 4ug c.. �ytra t to �'rs9vkjo n poids *f $0011-'31's to a Public blic e' ti v 9"lc0 IC si tnrd an a cf.'Inhi y."ano'1'rn,a �'"l' Nuc 8�rtNt`y for Yt1e COVISWUC3ion 01 rY r s aIr of ar puht word I+r y 34f'°a Submit bids On,e ���x p����ic etN"�yy, may�� � be a����r��r�d or� ei. pe,rforrn wr.'wk as a N IRA C i,l suppp o� LN t R"Af d u1`ak I"a aY!i any pvthNrn„ enmy, arrej mtl -j rtiol t+ P`i 'L'T ayiV�B ` 4!�th ±;flyv �ab,4tc yarl 0 raxr [7 @Y`t P9 a ? a`;a�ct r'Nw H n r1 T uyl yea � 4 r a 6ry n n d �[ *;CATEGORY w t I o o � p ry t tYn raaroNyt lt: . 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E m m 0 u 0 0 i cu cn 0 0. 0 CL 36 Packet Pg. 581 D.1.e Licenses: All commercial fishermen working on this project have occupational licenses, which are available upon 0 request. v)M E 0 0 N 0 0 0 0 0 0 0 0 E 0 T 0 0 0 0 i 0 0. 0 0 37 Packet Pg. 582 D.1.e 02 p s 4� F IV rtR DE „: v', B 'Q, �.>nP"FE"`� III,, F � L�9a,���;��,IW° 5 W R 0- Aiddrp a 0 ,a 3X S N a WI2 own n A f f8 f i OM&"'trs 0,.,�'j fir'oll U f f a,,,•,�M LL E tJ r � a„'v ' E � r 0 m ""r• ifiruar�; #n" 0 2 CL Mx-"N'l, t.,,k'9'VAra'ttTpulqx=4 ca N m,.-niIAM r¢.lMmvI AAtru"wisp UVN(ntbr in U 38 Packet Pg. 583 D.1.e 0) O ...------...... ........ .......:.._._..... .... .... _.. � ^' Ulhaa O CL Grp= O O t in;t.t4,o,it bw to CL I lay rt vtv, O >" t c i „ i sm LL -1 E n � I O FL ` O y O >' 1G O CL sm O O U 39 Packet Pg. 584 D.1.f Flyscouts Charters LLC Capt. Diego Rouylle 17345 Jamaica Ln. Sugarloaf Key, Florida 33042 rou llekmac.com 305-849-9192 Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keys 01/05/2021 0 M This correspondence is intended as a formal response to the Request For Proposal: E Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keys 01/05/2021 0. 0 Flyscouts Charters LLC Capt. Diego Rouylle 17345 Jamaica Ln. CL Sugarloaf Key, Florida 33042 rouylle .mac.com 305-849-9192 c� Table of Contents: N Tab 1 . Cover Letter and Executive Summery Tab 2. Relevant Qualifications, Experience and Service Description Tab 3. Performance Record and References Tab 4. Staffing . Tab 5. Litigation and Financial Tab 6. County Forms included in Response 1 of 10 Packet Pg. 585 D.1.f Flyscouts Charters LLC Capt. Diego Rouylle 17345 Jamaica Ln. Sugarloaf Key, Florida 33042 rou llekmac.com 305-849-9192 Tab 1. Cover Letter and Executive Summery. I. Flyscouts Charters LLC specializes in providing the administration, labor, and materials necessary to remove derelict traps and debris from state waters in the Florida Keys National Marine Sanctuary. Our focus is on shallow water clean up including shorelines and mangroves. We understand the sensitive nature of this ecosystem and cu take great pride and care in not causing any damage while removing traps and debris. Flyscouts Charters LLC is managed and operated by me, Capt. Diego Rouylle, as (the Contractor) and Captain of the vessel along with my crew chief, Capt. Andrew0. O'Connor. We operate and reside in Sugarloaf Key, Florida and have been in business since 2018 after acquiring and executing an Invitation To Bid for the Florida Fish And Wildlife Conservation Commission (FWC-18/19-31 (Post Hurricane Irma Derelict Spiny Lobster and Stone Crab Trap Retrieval and Trap Debris Removal Program)). II. Flyscouts Charters LLC is a State of Florida corporation registered with MyFloridaMarketPlace and Sunbiz system. Flyscouts Charters LLC has beenLL designated as a Minority Owned Business by the State of Florida. I, Capt. Diego Rouylle, am a United States Coast Guard Certified Merchant Mariner (2505768) registered with the Transportation Security Administration (1107253) and also an active member of Keys Consortium, a DOT Random and Drug Free Workplace Program. 0 III. I, Capt. Diego Rouylle, am the primary person responsible for this proposal. I > understand the work being asked to be performed in this RFP and formally commit to delivering excellent performance in completion of the services being requested, while in full compliance with all relevant state and federal regulations and requirements. Work will start immediately upon contract execution and required services will be delivered as quickly as possible but no later than prescribed June 30, 2021 deadline. Flyscouts Charters LLC commits to assessing the extent of debris in the areas in focus for the Scope of Work from Sugarloaf Key to Marathon. We will prioritize those y areas needing most attention. We understand that the target areas are mangrove shorelines (up to mean high water) and associated nearshore waters up to 1-2 feet in depth adjacent to publicly-owned shorelines. We will oversee several crews of local 0. commercial fishermen to perform the retrieval, collection and transportation of the retrieved debris until it reaches a certified disposal site for final disposal. 0. Flyscouts Charters LLC, will adhere to all appropriate CDC Covid-19 guidelines and all applicable Monroe County guidelines in place during the term of this contract in order to establish and maintain a safe workplace. Flyscouts Charters LLC will conform at all times with all laws enacted, issued, or approved by the State of 2 of 10 Packet Pg. 586 D.1.f Flyscouts Charters LLC Capt. Diego Rouylle 17345 Jamaica Ln. Sugarloaf Key, Florida 33042 rou llekmac.com 305-849-9192 CL Florida, United States federal government, and Monroe County, Florida. We understand the importance of maintaining the health of our staff/crew to safeguard not only their well being but also the efficiency and performance of the Scope of Work. Flyscouts Charters LLC is committed to undertake all means possible to contain the spread of the Covid-19 virus. • Flyscouts Charters LLC is a properly licensed business that will provide a cost effective and advantageous service for the MCBOCC. • We will advise as required and review all relevant services. We will ensure financial control and accuracy, maintain proper records for the legitimacy of scope0. of work. • We will properly rectify errors and disputes in a manner satisfactory to the MCBOCC. • We will consistently work in a cooperative manner. • We will complete the Proposer's Disclosure Forms or Affidavits as set forth by the RFP. • We will undertake all necessary tasks to properly administer the Service. • We will participate with MCBOCC staff and in public meetings, notify boaters and the public in a timely manner when needed, provide a prompt, accurate and courteous service to our communities. • We will maintain records as directed by the MCBOCC staff. • We will negotiate terms and agreements in a timely manner. • We will conduct an operation with the highest level of safety for the crew and the > ecosystem. • We will assent to the terms, obligations, and conditions provided for in the attached Draft Contract. • We will be willing to advice and assist the MCBOCC in the case of litigation or lawsuits. • No subcontractors or material suppliers will be used that the County objects of. • Flyscouts Charters LLC and any subcontractors will operate in strict accord with local, State, and Federal laws governing the type of work to be performed. y Capt. Diego Rouylle 0. 0 CL 3 of 10 Packet Pg. 587 D.1.f Flyscouts Charters LLC Capt. Diego Rouylle 17345 Jamaica Ln. Sugarloaf Key, Florida 33042 rou llekmac.com 305-849-9192 Tab 2. Relevant Qualifications, Experience and Service Description. I. Flyscouts Charters LLC is able to begin work immediately upon contract execution, tentative scheduled for February 17, 2021, and able to end work no later than June 8, 2021. M With 28 years of experience, averaging roughly 200 days per year, I have operated a commercial vessel in the Florida Keys National Marine Sanctuary from Biscayne Bay to the Marquesas. I have in-depth specialized experience navigating this0. delicate region and possess deep understanding of its unique attributes. It is important to me that clean ups are done with the utmost care and consideration for the area. These waterways are not just a part of my job, but my home; I have spent my life fishing these waters and know that if the removal of these traps is not shown the proper amount of precaution there will be more damage. Given the complexities of these waters and the nuances of the underlying ecosystem, I respectfully submit there is no substitute for the extent of my experience. 0 During January and February of 2019, Flyscouts Charters LLC, executed FWC 18/19-31, POST HURRICANE IRMA DERELICT TRAP RETRIEVAL AND DEBRIS REMOVAL IN THE FLORIDA KEYS. After 27 days of work we managed to retrieve 47 ton of derelict traps, rope, trap funnels, buoys, and miscellaneous debris. Our trap retrieval efforts were focused on whole traps as well as broken traps and loose funnels. > Retrieving derelict traps requires diverse tactics, knowledge and experience to not only execute the task but also accomplish it without having any detrimental effect to the environment. For example, many traps are imbedded into the bottom, are without a rope and buoy to show their location, are tangled up together in massive bundles tightly interwoven by their ropes, as well as many other scenarios that require a careful approach in retrieval so as to not endanger the crew and also leave the area without any added detrimental ecological impact. Our boat is equipped with a 1 HP electric trap puller graded for the harshest of commercial applications. Other tools we use are y customized serrated blades on long poles, gaffs of different lengths, and grappling hooks. We also focused our time in retrieving rope, buoys, and miscellaneous debris entangled in the mangrove islands and shorelines. To accomplish this task we 0. meticulously and thoroughly comb the mangroves extracting all debris by hand. We use an array of tools such as gaffs, knifes, the trap puller, and most often ourselves 0. physically entering the mangroves. Once the traps and debris are at a strategically determined dock or ramp, we carefully load them onto our 14x7 dump trailer and take them to one of the Florida Keys Waste Management Transfer Stations where we are weighted in and out and are given 4 of 10 Packet Pg. 588 D.1.f Flyscouts Charters LLC Capt. Diego Rouylle 17345 Jamaica Ln. Sugarloaf Key, Florida 33042 rou llekmac.com 305-849-9192 a receipt for our delivery. After 27 days of work we averaged 1.74 ton per day with a best day of 3.49 ton. Our work was in the Lower Florida Keys from The Barracuda Keys to Calda Bank on the Gulf of Mexico and from Munson Key to Big Coppitt Key on the Oceanside. Extensive pictures taken during FWC 18/19-31 that show the implementation of some of our techniques and results are available via social media at M Flyscouts Charters LLC will utilize commercial fishermen and will adhere to a high level of performance while maintaining strict safety and a drug free environment. We will continue using our successful experience from the past to identify, remove, 0. transport, and dispose of marine related debris as well as take great care in disposing hazardous material. Approved disposal site by the County will be used and records will be kept using camera equipment as well as any documentation available. We will practice proper accountability for the project at every step and review all subcontractor documentation to guarantee proper safety and legality of process. Monroe County can be assured that Flyscouts Charters LLC will coordinate at every step to insure that all requirements are met. 0 IV. I, Capt. Diego Rouylle, am a Florida State University graduate and as stated above have 28 years of experience, averaging roughly 200 days per year, I have operated a commercial vessel in the Florida Keys National Marine Sanctuary from Biscayne Bay to the Marquesas. I have in-depth specialized experience navigating this delicate region and possess deep understanding of its unique attributes. Flyscouts > Charters LLC's Crew Chief, Capt. Andrew O'Connor, is a United States Coast Guard former active-duty officer until 2009 trained as an Avionics Electrical Technician and has since worked in the Florida Keys as a Captain for Schooner Spirit of Independence and Java Cat Charters. He has earned technical degrees in Marine Environmental Technology and Diving Business Technology from the College of the Florida Keys. He has more than 10 years of experience and deep knowledge of the Florida Keys waters. N V. Flyscouts Charters' main vessel is a 28ft commercially registered Carolina y Skiff chosen for its shallow draft (4") capability, 5,000 Lbs. maximum weight rating, and ability to navigate these intricate waterways, having no difficulty entering sensitive areas to remove and haul debris without disturbing the ecosystem. The vessel is equipped 0. with a trap puller, dual Power-Pole shallow water anchoring systems, and the proper Gaffs and storage needed to safely remove and transport derelict traps and associated 0. debris back to shore. Flyscouts Charters LLC utilizes a dump trailer to transport all trap debris to a waste management facility nearest to our base of operations and/or any number of Temporary Disposal Sites (TDS) throughput the focus area. We also have the capability and equipment to take topwater and/or underwater photographs to document the state of the area(s) before and after the debris removal using GoPro 5 of 10 Packet Pg. 589 D.1.f Flyscouts Charters LLC Capt. Diego Rouylle 17345 Jamaica Ln. Sugarloaf Key, Florida 33042 rou llekmac.com 305-849-9192 cameras and cellular phones equipped with submersible covers. Flyscouts Charters LLC directly owns all listed equipment: • 28ft Carolina Skiff • Dump Trailer 7x14 • Ford Truck M A. Once acquiring a contract, Flyscouts Charters LLC will carefully interview and utilize the best candidates as sub-contractors if necessary. VII. Preliminary Budget (80 Work Days) N 0 per/day TOTAL CL #1 Boat Rental $1,000 $80,000 #1 Truck Rental $250 $20,000 E #2 Truck Rental $250 $20,000 Dump Trailer Rental $250 $20,000 E E Captain#1 $2,000 $160,000 E Crew Chief $600 $48,000 Crew X2 $500 $40,000 Workers'Comp. Ins. $100 $8,000 Liability Insurance $100 $8,000 N E Fuel/Oil (boat/truck) $350 $28,000 E Boat Ramp/Marina Fee $35 $2,800 ®I E Marina Slips $35 $2,800 E E c E E c Tow Boat Service $30 $2,400 E Admin $1,000 $80,000 Total $6,500 $520,000 6 of 10 Packet Pg. 590 D.1.f Flyscouts Charters LLC Capt. Diego Rouylle 17345 Jamaica Ln. Sugarloaf Key, Florida 33042 rou llekmac.com 305-849-9192 CL Vill. Additional Information: The goal of Flyscouts Charters LLC is to retrieve an estimated 140ton of Post- Irma Marine Debris during 100 work days in the stipulated time frame for this RFP. We also understand that it is critically important that focused efforts to insure a thorough approach is taken in respect to the removal of difficult debris that at times does not result in performance measured solely by weight, size or length. E It is in our interest to share with our community the extend of our efforts in cleaning our Florida Keys National Marine Sanctuary so as to create awareness and0. need in continuing the implementation of programs that insure the preservation of our ecosystem for all who thrive in its commercial and recreational resources for all the years to come. We commit to continue reaching out to any possible media sources with the intention to share our progress with our community. Thank you very much for the opportunity to participate in this Request for Proposal. I am committed to continue on with the needed cleanup of the Florida Keys National Marine Sanctuary and will be looking forward to the possibility of meeting with your office to help with any needed clarifications. I also respectfully submit my interest in participating with your office and the FWC in a volunteering basis in any advisory setting or group to help move forward in the preservation of our Florida Keys National Marine Sanctuary and its ongoing focus in achieving a sustainable future for the health of this global marine treasure. The Monroe County Board Of County Commissioners > can place their full trust in Flyscouts Charters LLC as a proactive partner in this endeavor. Tab 3. Performance Record and References During January and February of 2019, Flyscouts Charters LLC, executed FWC 18/19-31, POST HURRICANE IRMA DERELICT TRAP RETRIEVAL AND DEBRIS REMOVAL IN THE FLORIDA KEYS. After 27 days of work we managed to retrieve 47 y ton of derelict traps, rope, trap funnels, buoys, and miscellaneous debris. Our trap retrieval efforts were focused on whole traps as well as broken traps and loose funnels. We also focused our time in retrieving rope, buoys, and miscellaneous debris entangled in the mangrove islands and shorelines. To accomplish this task we meticulously and thoroughly comb the mangroves extracting all debris by hand. We use an array of tools 0. such as gaffs, knifes, the trap puller, and most often ourselves physically entering the mangroves. The Scope Of Work sought after by MCBOCC in this RFP, Post-Irma Marine Debris Removal and Services, is in direct correlation with Flyscouts Charters LLC's 7 of 10 Packet Pg. 591 D.1.f Flyscouts Charters LLC Capt. Diego Rouylle 17345 Jamaica Ln. Sugarloaf Key, Florida 33042 rou llekmac.com 305-849-9192 expertise. Our track record shows that we are passionate about our Florida Keys National Marine Sanctuary and the opportunity to partake in significant restoration of its ecosystem. 0 References. M E Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries ManagementCL 1875 Orange Ave East Tallahassee, Florida 3231 Dan Ellinor, Section Leader Daniel.Ellinor@MyFWC.com 850-528-2530 01/07/2019 The Scope of Work performed during FWC 18/19-31 is in direct correlation with this RFP Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keys 01/05/2021 Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Management > 1875 Orange Ave East Tallahassee, Florida 32311 Pamela Gruver, Derelict Trap Retrieval Coordinate Pamela.Gruver@MyFWC.com 850-510-6265 01/07/2019 (same as above) 0 Florida Fish and Wildlife Conservation Commission South Florida Regional Laboratory 0. 2796 Overseas Hwy, Suite 119 Marathon, Florida 33050-7300 CL John Hunt, Program Administrator John.hunt@myfwc.com 305-289-2330 (same as above) 8 of 10 Packet Pg. 592 D.1.f Flyscouts Charters LLC Capt. Diego Rouylle 17345 Jamaica Ln. Sugarloaf Key, Florida 33042 rou llekmac.com 305-849-9192 Tab 4. Staffing. a. Flyscouts Charters LLC is a sole proprietorship of Capt. Diego Rouylle. 0 b. Flyscouts Charters is an owner operated business. I, Capt. Diego Rouylle, am the on-site project manager in conjunction with Flyscouts Charters LLC's Crew Chief, Andrew O'Connor for this and every project. Our experience in these water doing the Scope Of Work sought after by this RFP is above described in detail. Capt. Andrew O'Conner is my Crew Chief and has been an asset in our retrieval of traps and debris0. projects. Other employed staff of two crewman will be representing the Florida Keys commercial fisheries industry and will be carefully selected to comply with the Scope of Work and follow all safety guidelines. Flyscouts Charters takes safety and performance results to the highest standards. C. MCBOCC will be informed of any subcontractors involved in the Scope Of Work. 0 Tab 5. Financial Information and Litigation. a. Flyscouts Charters LLC is a solely owned proprietorship of Capt. Diego Rouylle. b. There are no officers. > c. I, Capt. Diego Rouylle, have operated the services called for in this bid specification in 2019. d. Flyscouts Charters LLC has been in operation since 2018. e. (i) Flyscouts Charters LLC has never failed to complete work for which it has been contracted. (ii) Flyscouts Charters LLC nor Capt. Diego Rouylle have any judgements, claims, arbitration proceedings or suits pending. 0 (iii) Flyscouts Charters LLC nor Capt. Diego Rouylle or any entity previously owned, operated or directed by any officer, major shareholder or director, within the last five years, been party to any lawsuit, arbitration, or mediation with regard 0. to a contract for services, goods or construction services similar those requested in the specifications with private or public entities. 0. (iv) Flyscouts Charters LLC nor Capt. Diego Rouylle or any entity previously owned, operated or directed by any officer, major shareholder or directors, has ever initiated litigation against the county or been sued by the county in connection with a contract to provide services , goods or construction services. 9 of 10 Packet Pg. 593 D.1.f Flyscouts Charters LLC Capt. Diego Rouylle 17345 Jamaica Ln. Sugarloaf Key, Florida 33042 rou llekmac.com 305-849-9192 CL (v) Capt. Diego Rouylle, any officer of Flyscouts Charters LLC, 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 any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation. M (vi) Flyscouts Charters LLC performed ITB FWC-18/19-31 (Post Hurricane Irma Derelict Spiny Lobster and Stone Crab Trap Retrieval and Trap Debris Removal Program). CL 0 (vi) Flyscouts Charters is credit free. (vii) Confidential financial statements will be sent in a separate email from bid and required documents. Tab 6. County Forms and Licenses. 0 See attached completed and notarized affidavits fixed to the RFP contract. 0 N 10 of 10 Packet Pg. 594 D.1.f ATTACHMENT A Certification Regarding Debarment or Suspension 0 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 Represent tive: Diego Rouylle Signature/Date: / 12/21/2020 C) N Company Name: Flyscouts c arters LLC Address: 1734S Jamaica Ln ®I City/State/Zip: Sugarloaf Key/Florida/33042 0. CL SSN or EIN No: S94-36-7883 0 24 Packet Pg. 595 D.1.f 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 0. to the RFP are current, complete, true, and accurate. Proposer acknowledges that Monroe County Board of County Commissioners' (MCBOCC) will rely on such N 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. y 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. E]? 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 N Proposer and the other Institution(s) who desire to exercise this option. VENDOR LEGAL NAME: Diego Rouylle i AUTHORIZED SIGNATURE: DATE: 12/21/2020 k 0. PRINT NAME: TITLE: c Diego Rouylle Manager/Sole Proprietor CL ADDRESS: 1734S Jamaica Ln CITY, STATE, ZIP: Sugarloaf Key,Florida, 3304 PHONE: 305-849-9192 EMAIL: rouylle@mac.com 25 Packet Pg. 596 D.1.f ATTACHMENT C LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA CL ETHICS CLAUSE Flyscouts Charters LLC „ (Company) 0 "...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 CL any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." N (Signature) Date: 12/21/2020 CL STATE OF: Virginia COUNTY OF: James City Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or online notarization, on 12/21/2020 (date) by Diego Rouylle (name of affiant). He/She is personally known to me or has produced Florida Driver's License (type of identification) as identification. N Erica L Huggins c Erica L Huggins r° c N REGISTRATION NUMBER 7881685 0 m' o m m 7881685 December 31,X2024 NOTARY PUBLIC c Electronic Notary Public 0. 0 My Commission Expires: 12/31/2024 CL Notarized online using audio-video communication 0 26 Packet Pg. 597 D.1.f ATTACHMENT D NON-COLLUSION AFFIDAVIT 1 Diego Rouylle of the city of Summerland Key according 2 CL to law on my oath, and under penalty of perjury, depose and say that: am Manager/Sole Proprietor of the firm of Flyscouts Charters LLC the respondent making the Proposal for the project described in the Notice for Calling for bids for: Post-Hurricane Irma Shoreline and Nearshore Marine Debris Removal in the Florida Keysand that I executed the said proposal with full authority to do so: M 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 0. relating to such prices with any other respondent or with any competitor; 0 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. 12/21/2020 (Signature of Respondent) (Date) STATE OF: Virginia COUNTY OF: James City 0 PERSONALLY APPEARED BEFORE ME, the undersigned authority, Diego Rouylle who, after first being sworn by me, (name of individual signing) affixed his/her signat re in the space provided above on this21 day of December 2020 y -- Erica L Huggins 0. 7881685 �,�����a�il�l���,�,�,�, 0 zwE"`"0F �i Erica L Huggins CL NOTARY PUBLIC Electronic Notary Public NREGISTRATION NUMBER �- My Commission Expires: 12/31/2024 \ /¢J _' 8g,685 j�4Nic rvelh`/� COMMISSION EXPIRES December 31,2024 Notarized online using audio-video communication 27 Packet Pg. 598 D.1.f ATTACHMENT E DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: L Flyscouts Charters LLC (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. M 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy E 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. 0 N 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any 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 N above requirements. STATE OF Virginia (Signature of gDpOrclent) i COUNTY OF James City 12/21/2020 y Date c 0. PERSONALLY APPEARED BEFORE ME, the undersigned authority, c CL Diego Rouylle who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this E 21st day f December 12020 My commission expires: NOTARY PUBLIC 28 oErica L Huggins Erica L Huggins REGISTRATION NUMBER 7881685 788168S � 1����; `� MISSI:3;EXPIRES 12/31/2024 Notarized online using audio-video communication PacketjPg. 599 D.1.f ATTACHMENT F PUBLIC ENTITY CRIME STATEMENT 0 CL "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 c being placed on the convicted vendor list." I have read the above and state that neither Diego Rouylle (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. CL N (Signature) Date: 12/21/2020 CL STATE OF: Virginia COUNTY OF: James City 0 Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or Cyonline notarization, on 12/21/2020 (date) by Diego Rouylle (name of affiant). He/She is personally known to me c� or has produced Florida Drivers License (type of identification) as identification. Erica L Huggins kLTLT llHllol�lUi/ii� U b Erica L Huggins 7881685 to 2 REGISTRATION NUMBER NOTARY PUBLIC Electronic Notary Public 0 7881685 y COMMISSION EXPIRES g ����� December 31,2024 My Commission Expires: 12/31/2024 i 0 0. Notarized online using audio-video communication CL 29 Packet Pg.600 D.1.f Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits 0 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 0 General Liability $300,000 Combined Single Limit If split limits are provided, the minimum M limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage 0 N Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the minimum 0 limits acceptable shall be: $200,000 per person $300,000 per occurrence c. $200,000 property damage Pollution Liability $1,000,000 per occurrence Watercraft Liability $1,000,000 Combined Single Limit Jones Act Coverage $1,000,000 2 IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS N The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind,including attorney's fees, court costs and expenses,which arise out of,in connection with, �N or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s)in any tier, occasioned by the 0 negligence, errors, or other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier,their officers, employees, servants or agents. U- I In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the 0. County from any and all increased expenses resulting from such delay. Should any claims be asserted against the 0 COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, C' the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. E The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. eC Packet Pg.601 D.1.f The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. 0 RESPONDENT'S STATEMENT CL I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Diego Rouylle 0 Respondent Signature M E 0 CL N 0 CL 0 c� N 0 i 0 0. 0 CL Packet Pg.602 D.1.f 2019 Edition INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES 0 cu E Liability policies are Occurrence Claims Made 0 0 N Insurance Agency Signature BIDDERS STATEMENT CL 4- 0 I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Diego Rouylle (Owner/Operator) Bidder's Name and Title Signature Company Name: Flyscouts Charters LLC N 0 0 0. 0 L. CL Administrative Instruction 7500.8 11 Packet Pg.603 D.1.f Binder of Insurance 0 Pending issuance and delivery of a policy pursuant to the application of the CL insured and to all the terms and conditions of the policy issued by the company the State Farm Mutual Automobile Insurance Company U Does hereby insure : DIEGO G ROUYLLE 17345 JAMAICA LN SUGARLOAF KEY, FL 33042-3718 M Policy Number: 991 8915-B18-59A E 0 0 Year Make Vehicle Identification Number (VIN) �+ 2011 FORD F150 PICKUP 1FTFX1EF2BFA14376 0 Coverages Liability Comprehensive Collision Ded 300/300/250 $1000 $1000 Effective December 21, 2020, expiring not to exceed thirty (30) days hence and to become void immediately upon the issuance of a policy in place hereof. 0 ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF 0. MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A W FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES . CJ N Date December 21 2020 - ' U Authorized Representative 0 0. 0 CL Packet Pg.604 E f D.1.g € PROPOSALFOR POST HURRICANE IRMA SHORELINEAND NEAR SHORELINE MARINE DEBRIS REMOVAL E 0 CL MamaOcean, Inc. N 0 6450-ASUNSHINE STREET STOCK ISLAND, FLORIDA 33040 0 DOUGLAST. HATTENDORF,CEO 0 2 m m 0 0 0 L. CL Packet;Pg. 605 D.1.g TABLE OF CONTENTS PAGE A. COVER PAGE 1 0 B. TABBED SECTIONS m E 1.COVER LETTER AND 2-5 EXECUTIVE SUMMARY 0 N 2. RELEVANT QUALIFICATIONS, 6-7 EXPERIENCE AND SERVICE DESCRIPTION 3. PERFORMANCE RECORD 8-11 4. STAFFING 12-13 0 5.FINANCIAL INFORMATION 14 6. COUNTY FORMS AND 15-21 LICENSES m m 0 0. 0 CL Packet;Pg. 606 D.1.g Tab1 Cover letter and Executive Summary To: MCBOCC 1/5/2021 Subject:.Proposal for Post-Irma Marine CL Debris Removal Services Dear MCBOCC Members: mama0cean, Inc. is respectfully submitting a'bid-proposal for this protect. mamaOcean is located at: 6450A Sunshine St Stock Island, FL 33040 CL Its contact number is 305-942-3739. 1, Douglas T. Hattendorf am the CEO and only full time employee but many others with the same passion for our home in the Keys are right with me. CL mamaOcean began as a dream in 2010,was trademarked in Florida on December 8, 2013, and incorporated in Florida on June 12, 2017. 0 We have been passionately working to clean Monroe County shorelines, mangroves and nearshore islands for the past 6 years. From Gliberrs Marina on Earth Day 2016 to the Marquesas turtle nesting grounds in 2018 and many areas in between,we have organized and completed cleanups because we know how important this work Is, and are committed to do it. > 2 The steps outlined in the RFP, identification, removal, and transport of debris by teams of local commercial fishermen, will be followed meticulously and exceeded in terms of the types of debris removed and depth of removal. We have done this work without funding for 6 years. This grant will allow it to be done on a scale that will make the difference for our home, my home,the Keys. mamaOcean has the experience and know-how to do this job. y 0 0. 0 Sincerely, CL Douglas T. Hattendorf CEO mama0cean, Inc. 2 Packet;Pg. 607 i t 1 t 1 1 ► 1' i f 1 ' i i t 1 ► ► i I t 1 f ' 1 1 " 1 I '.xi x1+ 1 '11 "'• • M AMR w M •• we M •• ••, M M M M M w M •� N ey w• w M w etr M w M M M ww • t. . ► + : I . t . I . 1 , 1 _ 1 . !, ► i ._ 1 :. ► . t I .' 1 , ,� i t 1 / . / d1 „ 1_ f 1 f . I . r *ta 1 r . 41pplartmPut '' tp a . _ I certify the attached is a true and correct copy of the Certificate of Conversion and Articles of Incorporation, filed on September 1, 2017, with an organizational a • � . • l w date deemed effective June 12, 2017, for ' ' f Florida corporation, as shown by the records of this office. aZ a= 1}f4 • .. • The document numberof this entity is N 17000009116. • a • • • • , �1 Given a • • r • • 7 • w underf and theGreat Seat at the State of Florida r All • Fifth day of September, 2017 f J 1 i.rf ` •. r •••. w. 4 • w r Z~+l1 rs !ra 1 r-Ll# dAl( e 141�%l rsl/mall fall e�.1/ f.rt1�ti111i.ti1 f e-tit/ �[# rt1 ,tis1 ixri r+t1 rx<1 1 x 1 r.4/!ia e� J ..-., •�.•� M AC A• -e.•l.M M, •... a. r� N N N M. �i� �r lM .•• -W ►r a• �� •��r �•.•� ':I�� �4 i1>`r/liirtlYtitl�Le/p.�Yla�i1}ar111�r11!••f1sr.(1LefadT }�f ,rls�Il+.xr/IR�1Lr1Lr. 1tiw1I! 1L+!f14++1Kdfti.rlti.fTarfLrl+di B i � r G §tatrs; of uiteb otateq patent aub Trabentark Office L. �rCL 0 U) mama0cean 14ra E 0 CL Reg. No. 4,882,924 XIAMAOCEAN(FLORIDA PARTNERSHIP) ?Ga TROVICAL AVENUF N Registered Jan. 5, 2016 MARATIICSN,Fl_ 13050 Int. Cl.. 25 FOR:CLOTHING,NAMFLY,SHIRTS AND IIATS,IN CLASS'_5(U S.(:I S.'Z AND 3 ) 0. FIRST USE 1 1-10-2013,IN COMMERCE 7-28-2015 N TRADENIARK CL THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CI 11.M TU.rNl 1':rtt- PRINCIPAL REGISTER TICULAR FONT,STYLE,SIZE,OR COLOR. 0 SN S6-374.049,FILED 12.8-1,014. SOPHIA S.KIM,EXAMINING ATTORNEY 0 1ku E «mow a { • � E ai E CL Director of the Onitcd States u Patent and TRidcmark Office: 4 tcc•. m _ _ Parkpf P� R(1Q �• •.ti 1 .� / � • �i �i r i � 1 �i ti i -� 1 ti 1 t i 'g 1 1 :.k!r 1 �i .+: / .r 1-���1 r�t 1 .ti 1 rSl1�i ��rti�♦ti 1 r�rti i w M MN �• ww .'Cr. �. .• N •�,.... M elw M N ww N N N •. ww •� N .• M�:-.• ••�' N�. wwj:..f N . ti=tills.e /t�rl�rlf��. l�ri�e1♦x1 �r(fCrf�rll��Irf►\f►�. Itir, /ti-� I`�di e11�.' li �f;f1�.�f rliltir/1tiJlrali�,,(litiriri!=ti • w r w • •••• �s s *ta tba Or • ilps r of otatex= r ti •. , I certify r= • w. from • • of office that DOUGLAS HATTENDORF, loca at 264 TROPICAL AVENUE, ted w MARATHON, ` L & DESIGN OF WAVE ON TOP & THE SLOGAN "SHE NEEDS OUR LOVE" A s • BELOW to be used as a mark under0041,0025, AND 0016. • • • • 1 1 • / •d I further certify this mark is being used in connection with the following goods . and/or services: PROMOTION OF SHORELINE CLEAN UPS AND EDUCATION ON M TO DOIT,T-SHIRTS, j`= 1t > I further certify that said mark was registered in office on February r 2016 and its date of expiration is February 29, 2021. The numberof 6000000192. s: J+ti •+ • d A *. ir ��r A J- • / rGiven under • and . \ . Great Seal of the State of Florida _. Capital,at Tallahassee, the Second-day of March, 2016 w . �.... Fop . • . ail. 31 . _ N, • VP zp%,- WE + *, rsCR2EO22 (1-11) 4)1)��II11r�1R1!yi�Ir���1�r+�1�1r�11�r..��ifr•...�•�11r�i1 rrlj�./�af r��Ikrv�i•i r��1 rti R ret! irll�r�r�/..1��f����1!��I�r�11r��1.11yr—�4�17.1rti«1,r�llJr�lilru•fr��•!�/,� .T_w• .�.'w,► tee,.yN w•j�N_N �N :,MJiM:'�i.�N;,+*����•.�•w• •�e•a -f•�;`wOJ=•..'•R 1�-'NHSN�M�I��ITej*'(N:! �� �iRiti llltiJrlltiJrll�rliitir(I11lIRjSa!'liar/li��Ili*+�li�r(1s�rilFtirj►]er Iytia�S..rlMtjtrtid�i�.•�ti�r(fii.��fi�r�/i�r(1'i�f�•Mffll��liiiri�i�r�1`��a(R�itiilll� E D.1.g Tab 2. Relevant Qualification, Experience and Service Description After almost 20 years of commercial fishing, trapping, marine life collection, for both Harvard University and public aquariums, and leasing ocean bottom for live rock growth, I had seen enough trap rope, plastics and styrenes that I decided it was time to change course. I decided to dedicate my efforts to cleaning the beaches, mangroves and nearshore waters of the debris others left behind. Initially, we started cleanups in Panama, Costa Rica, Nicaragua and Mexico but came back Y p 9 home to Monroe County in 2016 to start mamaOcean. Since then, we have done numerous cleanups with the help of many volunteers. We were featured on the"Humans of the Keys" Facebook page on December 18, 2015 when mamaOcean was in its infancy. We have often written the Blue Paper to spread the word regarding the problems and needed solutions to fight CL this "pollution disease" infecting our mamaOcean. In August of 2016 the Discovery Channel read some of our articles about how"plastic shores"were becoming breeding grounds for dangerous mosquitoes. As a result, we were a major part of an episode that aired in 220 countries worldwide. 0 After Irma, when we were based on Grassy Key, the shores were covered in trap rope. Having personally saved 11 turtles thus far, we know how devastating the problem can be. We applied for, and received, a Marquesas permit with Dan Brown of USFS. We cleaned every turtle beach of trap rope from the Marquesas to Grassy Key at that time and did it before the nesting season. Some might recall the piles of rope at CocoPlum or at Mellow Cafe in Key West from the Marquesas and Boca Grande cleanups. 0 All this work was done for free, because mamaOcean knows HOW to do this work and WHY it must be done. The crews involved are all experienced commercial fishermen and will be deployed across the areas of the project. The details of the deployment are covered in Tab 4. The plan of attack for completing these tasks is to have 4 crews. The Marathon crew will start at Boot Key and the Sugarloaf crew at Great White Heron Refuge. 2 middle crews at Big Pine and Cudjoe will start with the ocean shore from E. Big Pine to Sugarloaf Shores and Atlantic near y shore islands. Some days we will get 4 boats out in one crew to tackle islands out back in 0. thicker congregated areas. We will have trap boats come to collect the larger aggregations of CL debris. 8 boats, including skiffs, pontoons and 2 trap boats will be utilized. They are all owned by the contracted commercial fishermen. 6 Packet;Pg. 611 D.1.g Disposal will be handled primarily by Waste Management and MGS. Dan's Dumpsters can deliver where the others can't. The Waste Management site on Long Key will be utilized and others as needed. A preliminary budget of$1,100,000.00 is proposed. CL M E 0 CL CL 0 0 M M i 0 0 0 CL 7 Packet;Pg. 612 Tab 3. Performance Record and References Past projects are all absolutely relevant to this proposal, but not of a customer/client nature. They are all uncompensated cleanup and teaching efforts in the keys spanning CL the time from 2015 through 2020. Cleanups: Hundreds, from Gilbert's Marina to the Marquesas, countywide. M Educational Booths/Displays: 0 CL Seafood Fest Marathon Earth Day Stock Island Botanical Park Stone Crab Fest Islamorada Earth Day Bahia Honda Nature Fest Big Pine CL Several of these each year. 0 As references, I am enclosing a letter from Dee Dee Green, Key West Solid Waste and "Keep Key West Beautiful" coordinator. 2 I am also enclosing the Humans of the Keys Facebook page posted by Suzi Youngblood on 12/18/15. Finally, I am enclosing a proposal I made to Monroe County and the "Sanctuary" in August of 2017" on how to clean up the pollution that is devastating the Keys. 1 am glad to see that some significant resources are finally getting applied to this 0. serious issue. I only hope that people with the right experience and passion for the keys will be given the chance to make this really happen. 8 Packet;Pg. 613 D.1.g To whom it may concern, Douglas Hattendorf„ of mama0cean, is a person dedicated to cleaning up litter off our shorelines and out of the water. I've seen him as a citizen attend City Commission meetings and speak as an advocate for our environment. He is definitely an asset to our community. M E 0 CL Solid waste& 0 0. y y for the City of Key West Utilities Department 0 dRreen@ciiyofkevwest-fl.gov KeyWestRecvclesxom 0 305-809-3776 M M 0 0. 0 L. CL 9 Packet;Pg. 614 D.1.g Fw: What I proposed to County and Sanctuary 3 years ago August. 1 message CL The Problem and the Need for this to be dome—Here In Monroe County as In many places in the world we have a huge problem with assorted garbage on our shorelines.mangroves and nearshore islands.Examples are m 1.plasticslmicraplastics-from bottles,plastic,silverware,strews,lighters,bags and buckets etc and the proof of what this stuffdoes harming the environment for turtles,sea and shore birds,dolphins and assorted marine life has long been confirmed and verified. 2.Fishing line and trap rope.We have saved a dozen turtles over the last 10 years that were wrapped In trap rope and released many birds that were wrapped In fishing tine,this is a constant threat to wild Itfe. 3.Styrenes and Styrofoam.This stuff continues to breakdown and becomes part of the food chain where fish consume it Why This Was Created-After 25 yrs in Monroe County and 4 in Central.America l have seen too much in regards to what this garbage or debris kills or harms.As more people move to the Keys and the more.garbage is inevitable as we ali.can n see.We started cleanups In 4 other countries and its justas needed right here The damage it does has been long c CL proven and the time to help this;Is now before the king high Was of October talm all this summer tune sun batted,broken down plastic etc.bads to we to do further dammage.We can help this and Monroe County can lead the Stale of Florida by N example. A partial and helpfUsolution- This process will be documented and all recyciables separated,usables saved and al the red disposed of in 5 defined y steps. Through this.prooess we will also be able to better identify certain target locations due to wind.cumin%and land CL configuration whom more garbage tends toe olect.We can loam thm this where needs monthly either weekly,bi weekly or monthly dean ups to help maintain the beauty we have hens and to ensure further safelyfor marine lire.it will also help us to further educate a broader population of this-problem. c Slept-In many of the mangroves only about 10%of the debris may be visible from a marine vantage point however a storm or mean high tide may leave behind a smm to of darneling debris 311 hWand Sft vide that Is very capable to harm or kill natures Inhabitants.We find some odd stall In the oddest places We tvs or car parts but.aiso fuel drums, and very large pieces of styrotnnem.We gather all the big sinrif fist and drag I out to the shoreline w!here we can collect it easier by wo- boat at a high tide. 76 Step 2-is to remove the unaller.easier to grab and beg plastics.styrenes and rope. Step 3-Is to rake the sand and sea grass to get anymks+os,bottle cap,cig butts or anything else that can cause harm to 0. wildlife. 0. Step 4-is final walk thr u to ensure we have cailected.all that needs to be removed and that there is nothing left behind but birds.sand and traesl Step 5.14aving filMed.much of the pior 4 steps and al Is gaiherad,separated accordingly and plaaad at a spat easier to load oft a boat to be removed will also be the weigh station.We will weigh and document what was collected,when and where for the for the garbage research cta d for proof and truth of this projed.We have cleaned over 4000 lbs of assorted mE garbage In an aftemoorn,this shows the severity of the problem. There are many benefits of this creation,the first of these Is prol:ec*Q the ocean.madnetire,mammals and birds. Secondly much of thft plastic has the potential to breed mosquitos and In these times of viruses causing finesses it y simply makes sense. Thirdly is to probed and beautify what we Love.and why we live here.Left lead by example for the country,the state and beyond) CL �0 Packet;Pg. 615 D.1.g Humans of the Keys December 18,2015 at 9:13 PM Doug Hattendorf—mamaOcean CL i started mamaOcean after 20+years of fishing,diving and taking pictures of the ocean. Over the years I see less and less life out there and more and more garbage.As more people come to enjoy these islands,there is more pollution to deal with. This county brings in over$4 billion a year thanks to fishing and tourism. Somehow some of that money needs to go to keep the place the people came to see dean. it's the ocean that brings the people here and the ocean that deserves some respect. I have written many political rants with only one response,from Florida State Representative Holly Raschein,who might join us for a dean up one day in the future. M Garbage is killing our marine life, both mammals and birds,on a daily basis, and has grown to be a big problem E herein the Keys...bigger than the once a year cleanups can keep up with. Cleaning the garbage from our waters and shorelines needs to be done,and should be addressed as a matter of utmost importance, because it is only CL getting worse.We need crews out there four days a week in the upper, mid and lower keys.This needs to be done for a few months at least, until we know where most of the garbage congregates and can designate where the weekly or monthly clean ups are most needed and will be the most effective. It doesn't require that much to do this, mostly just devotion and time. But one person,or one group,cannot do it 0. alone. It takes everyone pitching in.We have an obligation to these waters and I wish more people felt that way about this place where we live.Anyone who has lived here more than 5 years has seen the difference.Its time for CL her,it's time to help our mamaOcean. She Needs Our Love! Whether you're a surfer,a diver,a sailor,a fishemian,or just an everyday honest ocean lover,we have all been getting something from the ocean at some point in our lives. She feeds us,she balances us,she amazes us with her beauty,day in and day out, and now it's time to give back.We have been taking for too longl We at mamaOcean are working towards Joining forces to bring awareness to all ocean-goers through action. We are dedicated to giving YOU enough reasons to believe there is hope to save our oceans and providing opportunities to HELP! 2 ******On December 19th from gam to 12pm there will be a shoreline dean up sponsored by mamaOcean at Curry Hammock State Park mm 56.2. It will be free admission for volunteers participating in the clean-up. Meet in the day use area of the park for sign up and instructions. Come early to sign up and stay after to enjoy hotdogs provided by mamaOcean and Winn Dixie. For further information or questions regarding the dean up call the Ranger Station at(305)289-2690. Hope to see you there!****** For more information about mamaOcean,find us on Facebook: �I https:llwww.facebook.comlMama0cean-774669082678658/?fref--ts 0. or our website: CL http://www.mamaocean.com 11 - Packet;Pg. 616 i D.1.g Tab 4. Staffing mamaOcean is a Florida corporation. Douglas Hattendorf, whose knowledge and expertise in the subject area of this project has been well documented in previous sections of this proposal will be the on-site project manager. He will also provide all liaison with Monroe County personnel pertaining to the project. �a Attached is a list of the local, commercial captains and crew members who will be performing.the debris identification, removal and transport to initial collection sites. M E Subcontracting debris haulers will perform the transfers to appropriate sites. 0 Finally, the fleet of boats associated with the captains is also on the attached document. N 0 0. 0 0 2 M M 0 0. L. CL 12 ____ Packet;Pg. 617 i D.1.g Captains, Crew and Fleet Capt. Dane Karcher Capt. Daniel Lugo Capt. Dan White Capt. John Divoll Capt. Justin Ferrel 0 Trap boat captains Michael Schofield N Travis Stokes Scott Bruno Josh Noceda Rest of Crew Dustin and Tess Harper Patrick Garda Gavin Banks Sachs Lapointe 0. Zach Olivera Fleet 3 pontoons 20' to 28' 24' Carolina skiff 24' T Craft y 0 0. 2 21' center consoles CL 17' Whaler 34' Crusader E 43' Torres And kayaks n sups 13 Packet;Pg. 618 D.1.g Tab 5. Financial Information and Litigation a. None b. Douglas T. HattendorF, CEO CL c. 3 years d. 3 years e. (i) No (ii) No (iii) No 0 (iv) No (v) No (vi) No previous contracted customers. CL (vii) Not available at this time. (viii) Not available at this time. The answers to the questions in section (e)are reflective of the fact that mamaOcean has been providing cleanup services and educational materials pro bono. There have been no paying customers. The "customers" have been the citizens of Monroe County and all of the visitors who come here to enjoy OUR HOME. 0 This proposal is for about twenty Monroe County citizens who spend their lives on the water to spend one hundred days making it better for everyone! 0 2 M M 0 0. 0 L. CL 14 Packet iPg. 619 D.1.g Tab 6 County Forms and Licenses Attachments A through F are completed, signed and attached. The Insurance and Indemnification Statement will be submitted upon awarding of the CL contract. 0 M E 0 CL CL 0 0 2 M M 0 0. 0 CL 15 -�- Packet,Pg. 620 D.1.g ATTACHMENT A Certification Regarding Debarment or Suspension In compliance with Agreements and grants agreements applicable under the U.S. CL 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. 0 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). 0 3. The Proposer shall provide immediate written notice to the MCBOCC Director of y Purchasing if, at any time prior to award, the Proposer learns that this certification was erroneous when submitted or has become erroneous by reason of other circumstances. 0 4. This certification is a material representation of fact upon which reliance will be placed when making the award. If it is later determined that the Proposer rendered an 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: Signature1Date: -_"� Company Name: cu cu Address:� City/State/Zip: 0. r SSN or EIN No: l � 7 O CL 16 Packet;Pg. 62'1 D.1.g 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: CL I. 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. cu 3. All statements, information, and representations prepared and submitted in response Ch to the RFP are current, complete, true, and accurate. Proposer acknowledges that e CL Monroe County Board of County Commissioners' (MCBOCC) will rely on such statements, information, and representations in selecting the successful proposer(s). N 4. That the prices quoted shall be MCBOCC's pricing for the product and/or services for the m time stated in the RFP. 0 0. 5. It shall be bound by all statements, representations, warranties, and guarantees made in its Proposal. CL S. 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. 0 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: 76 AUTHORIZED GNATURE:� DATE: m— Ch PRINT NAME: J TITLE: L. ADDRESS- CITY, STATE, ZIP- -+ � PHONE: EMAL 17 4 pill Packet iPg. 622 D.1.g ATTACHMENT C LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA a CL ETHICS CLAUSE (Company) warrants that lielit 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 dedu ct 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." o 0 Signatur ) 0 Date: y STATE OF-, 1611( �', CLCOUNTY OF: t L -e— Subscribed and sworn to(or affirmed) before me, by means of physical presence or 0 online notarization, on_ (a�f 36I 1 Lr c.c.jr 41 �) 2 i (date) by axu-g f A(a-Mc hdvn (name of affiant). He/She is personally known to me or has produced Pi S5 lidolzl (type of identification)as �`,`�uruun�+rpi identification. Np,`` P„�r T.. � a R ;Q MY Cam 9 : Z� m.Frrplres Z t = Aupu5131,202� e Ho HH 37182 I T NOTARY PU IC 0. CL My Commission Expires: v 18 Packet iPg. 623 D.1.g ATTACHMENT D NON-COLLUSION AFFIDAVIT 4. rr f v ¢v of the city of `Cr'< L - ' '� `- ` according to law on-my oath, and under penalty of perjury, depose and say that: CLL t am L C,< of the firm of. Cap r' the respondent m kin tie Proporal for the r%ect described in the Notice for Calling for bids for: r1`4� �.p ( � and that I executed the said proposal with full authority to - •� do so: The rites in p 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; CL 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, CL partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 0 CD 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. > (Signatu a of Respondent) (Date) STATE OF: f/arc's.4<- COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, / '� � _�_ f�rlk4c( ?i who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this�day of .a.Gtu, y� 20 CL N TARY PUB .,�`�-';00...ANS'', My Commission Expires: L)v? y `_?�A, try L �If L f •5p,s 3� 2+?245 �� � �5 HH 37752 J 19 Packet iPg. 624 E D.1.g E ATTACHMENT E DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: . CL :-. (Name a usiness) 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. 0 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 E employee assistance programs, and the penalties that may be imposed upon employees for y drug abuse violations. 0 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 T by the terms of the statement and will notify the employer of any conviction of, or plea of guilty CL or nolo 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 it 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 through0. implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 1 STATE OF ,of� `� _ .-- �lo --� ,r - (Si nat re of Rem ndent) COUNTY OF L 'l, � y Date 0. PERSONALLY APPEARED BEFORE ME, the undersigned authority, CL �✓�A ILA .5 .1ja who, after first being sworn by rne,{name of IndE ��r)!�g) affixed Kislher signature in the space provided above on this ��•�`` P S 0,( day of_d1<<r c��c.��.0 _._ 20�l --- ^��'My Ca�En �►Flres Z� �° A- /6I t 1*1L A L My commission expires: NOTARY PUBLIC NO HH 377H20 � fq -....- IIIif11114Yt4\\\ Packet;Pg. 625 D.1.g ATTACHMENT IF PUBLIC ENTITY CRIME STATEMENT 'A person or affiliate who has been placed on the convicted vendor list following a conviction for public 0 CL entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 0 I have read the above and state that neither ors Ir�c �'4 � (Respondent's name) nor any Affiliate has been placed on the convicted vend fist within the last 36 months. 0 CL (Signature} Date: CL 0. STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of © physical presence or 11 online notarization, on Ja l)vLc24.1?4 1$- I (date) by 0 (name of affiant). He/She is personally known to me or has produced P4 55 o,:p /'-/ �� _{type of identification}as identification. .�gNsG il-v ;�p�ARy�y: Xis a' Chi✓ G� Z my comm.toms �Z� ��RY PUBLIC Y August 31,2024 ! No.KH 37782 J„4,A G T My Commission Expires: U -2ou q- i ''Z 'OF f�� 0 0 0. CL 21 Packet;Pg. 626 ��; 41 4t , IIIII'.(IIIIj �r 1 �D (IIII�\(IIII 11S\ ( �r 11S\ �r s (IIII�IIII� trm..(IIIII kS t tt s L t Ire ? \ \ I r r \ 2 II \\ \\ I \i � \ s \ \ t \ . \ I I., CL Name Firm Representing Tele hone Numbe p g p Michael Roberts Monroe County-Assistant 305-289-2502 Director of Environmental T Resources Rhonda Haag Monroe County-Chief Resiliency Officer, 305-453-8774 Office of Sustainability Celia Hitchins Monroe County-Senior 305-289-2505 Administrator, Marine Resources Office 0 CL N m 0 CL 0 0 0 . i 0 0 m Packet Pg.627 D.1.i Adventure DRC Emergency Monroe County Flyscouts Mama Respondent: Environmental, Services, LLC Commercial Charters, Ocean, Inc. Fishermen LLC Inc. (MCCF), Inc Total Score: Michael Roberts 57 38 60 42 43 CL Total Score: Rhonda Haag 63 49 59 45 33 Total Score: Celia Hitchins 54 34 47 22 0 Total Points 174 121 166 109 76 Average Score 58 40 55 36 25 0 M E 0 CL N 0 CL 0 2 N 2 0 U i 0 0 m Packet Pg.628 +810d+emOeH8JOt4S Bw,�lv JOI 9_PmAgaN@ kgeN@Iae«yslo ot4S ejooS-99111wwoom9mq ;_mgp¥ CD 04 to 0 0IL IL � / E / j 3 E y § 3 \ \ 0 2 3 3 0 0 § f \ E j ) \ \ a & \ u \ § \ ( § E ) ° in \ ) § — Ln 4 » ] § / % E E > 3f $ - o m w w o 0 ix 3 4 ! ° § ) § z 3 \ ix / i 2 / ° Ln z a - ° 2 ± a § _ a z \ cc e § ± 3 @ o / Q § ` [ ) J 7 2 E ± \ } 0 \ \ \ E _ \ \ ) ) } 3 \ - { / ® _ - E \ / » \ cu_ ) © \ 0 a G K w a a a (10010M,_«w_a__dm+__ada10+,_10.iddV) slooLIS ojooS-ooll!wwoo uo!looloS:juowLjoejjV . � IX CL ; ) / / tA CL (6LL \ 04 U) § ] § ^ ^ ^ ° _ c ) 3 LL \ \ - � ) — / / Ai e © \ \ /co \ / > § ) \) § wLU ! ) co < _ , _ _ _ \ ) k co / } / | 7 ± w � � t � \ \ \ \ \ \ \ \ \ \ \ \ § / A / ) } \ k ) k \ \ \ \LL \ \ \ \ \ \ \ a ef� % ( )» k � : ) ` =I ƒ \ 0 / \ 042 \ o ( / 2 ) 03 � o } ) 0 § % ƒ 2 (1oaload dnueop ou!!oaogg ewa!-dsod ao;sduepuodsab dd21;o Bu!Mueb;o!enoiddy) sdoogg oaoog-oodd!wwoo uo!doo!og:duowyoedFd L? oY 4 N >, Y O p N L C.:s c O U O C N c O ❑.—C O_ O E J w N E O �O F O .� E2 E N N O -p L s_ tn U = T V y 0 N U O CL w N N O C_p Z N C O N U N "> w. 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E..ca ,N�s w m W W W Z 2 w O u ci 0 V x O. z rwv� a oc co pb N pb N pb N pb N pb N Q O O N N N O O N N w d O O O O O Z = U) Z Z U) Z U) Z U) Z O y Z i t0 Q O u — W c N Z N N O J y N w r O d U w J LL M C J d Q w N U LL 2 0 U N U N w O O C co O F Q > c w N 0 C Qj C L C c Z N u a) y W O C U U w =°° m c E a) O w F y E 0 w O U O m 0O a � o w -a oU > m vna0 � 0 w Q o �: F 1 .2 D.1.j Post-Hurricane r ors rs ore Marine Debris Removal in the FloridaKeys CL SELECTION COMMITTEE January 8, 2021 Meeting Minutes The Selection Committee(Committee)meeting commenced at 1:30pm via Communication Media Technology (CMT) using a Zoom Wbinar platform. All Committee members were present, including Celia Ilitchins,Michael Roberts and Rhonda Haag.The following members of staff were present: Ilze Aguila, Peter Morris, and Brittany Burtner. Six (6) members of the public were present,including Douglas Hattendorf, Bill Kelly, Brian Vest,Corrine Lowe,Diego Rouyelle, and CL Greg Corning. 0 The Selection Committee opened the floor and invited any attending person from the public to offer public comment. No attending person from the public expressed a desire to offer public comment. Five responses (received from the Purchasing Department) were discussed and scored, including: Adventure Environmental, Inc. DRC Emergency Services, LLC Monroe County Commercial Fishermen (MCCF), Inc., dlbla Florida Keys Commercial Fishermen's Association (FKCFA) Flyscouts Charters, LLC Marna Ocean, Inc. 0 Celia Hitchins, Marine Resources Senior Administrator provided a brief overview of the RFP process and project. The Committee then reviewed and discussed the proposals, specific to the Scoring Criteria described in the Request for Proposals. Subsequent to discussion and scoring each member signed their scare sheets, and the scores were averaged. The average scores ranged from 25-58 points (out of a possible 65 points). Average scores and ranking were: Respondent Score Rankin Adventure Environmental, Inc. 58 1 Monroe County Commercial Fishermen (MCCF) 55 2 DRC Emergency Services, LLC 40 3 Flyscouts Charters, LLC 36 4 Mama Ocean, Inc. 25 5 Based on the number of responses received, the range of scores, and qualifications described in the responses the Committee considered all five vendors to be qualified, and by unanimous motion the Selection Committee recommended that the Board approve the selection of the top-ranked � respondent, Adventure Environmental, Inc. By unanimous motion the meeting of the Selection a, Committee adjourned at 3:00pm. � y Minutes prepared by: .. w ,; Brittany Burtner,Marine Planner Packet Pg.632