Item D2 } D.2
`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-re 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.2
Agenda Item Summary #7842
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505
No
AGENDA ITEM WORDING: REQUEST TO TABLE Approval of Contract with Adventure
Environmental, Inc. (With the Monroe County Commercial Fishermen, Inc. as the Subcontractor) for
Marine Debris Removal Services Along Shorelines and Nearshore Waters Affected by Hurricane
Irma with $1,300,000 in Funding Provided Through a No-Match Grant with the Florida Fish and
Wildlife Conservation Commission (FWC).
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Table to March
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Packet Pg.633
D.2
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
None
REVIEWED BY:
Emily Schemper Completed 02/01/2021 9:02 PM
Assistant County Administrator Christine Hurley Completed
02/02/2021 10:21 AM
Peter Morris Completed 02/02/2021 3:23 PM
Purchasing Completed 02/02/2021 3:33 PM
Budget and Finance Completed 02/02/2021 5:10 PM
Maria Slavik Completed 02/02/2021 6:56 PM
Liz Yongue Completed 02/02/2021 6:59 PM
Board of County Commissioners Pending 02/17/2021 9:00 AM
Packet Pg.634
CONTRACT
BETWEEN MONROE COUNTY, FLORIDA
and ADVENTURE ENVIRONMENTAL INC. for
POST-IRMA MARINE DEBRIS REMOVAL SERVICES
THIS AGREEMENT is made and entered into this 171h day of March 2021, between the
Monroe County Board of County Commissioners and Adventure Environmental, Inc., a Florida-
registered and incorporated for-profit corporation (hereinafter"Contractor').
WITNESSETH:
WHEREAS, The Florida Keys were hit by Category 4 Hurricane Irma on September 10,
2017, with the center of the hurricane passing over the Lower Keys. High winds, wave action and
storm surge caused significant impacts to the marine environment including the deposition of a
variety of marine debris throughout the Florida Keys. In the months and years following the storm,
local, state and federal agencies have focused marine cleanup and recovery efforts specifically on
canal debris, sunken and derelict vessels and scattered destroyed/entangled lobster traps.
WHEREAS, Monroe County has (hereinafter"Board of County Commissioners", "BOCC",
"Board", "Monroe County", or the "County"), through a grant from the United States Department of
Agriculture Natural Resources Conservation Service, removed significant volumes of debris from
numerous canal systems. The Florida Fish &Wildlife Conservation Commission ("FWC"), in
coordination with U.S. Coast Guard and the Environmental Protection Agency, was/were responsible
for the removal of approximately 800 sunken and derelict vessels. Coordinated efforts between the
FWC and the Florida Keys Commercial Fishermen's Association provided for the removal of lobster
traps entangled in approach channels and traps/trap debris along various shoreline areas. An
estimated 56,000 traps were recovered. Additionally, there have been several grassroot efforts (e.g.
Conch Republic Marine Army) who used volunteers, donations and public assistance to remove over
90 tons of marine debris along shorelines of the Florida Keys.
WHEREAS, while these efforts were successful in the removal of debris in the highest impact
areas, scattered debris remains along various shorelines and in nearshore waters which were not
the primary focus of these projects. This scattered debris generally includes remaining trap
parts/lines (an estimated 94,000 traps remain from those initially lost) and mostly small to medium
sized, miscellaneous land-based debris.
WHEREAS, State and Federal agencies have committed to addressing remaining debris
impacts along mangrove shorelines and in associated nearshore waters. Funding support for this
project in the amount of$1.3 million is part of a $44 million allocation granted to FWC by NOAA
Fisheries following Hurricane Irma for fisheries restoration and recovery. FWC selected Monroe
County as a sub-recipient to perform the project which is being subcontracted to this Contractor
selected through a competitive solicitation process in conformance with all State and Federal
guidelines.
WHEREAS, this project will require that the Contractor utilize local commercial fishermen to
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
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County that a contract for post-Irma marine debris removal services (hereinafter"Service" /"service")
be entered into with a private provider of such service(s); and
WHEREAS, the Contractor specified herein desires to provide such service(s); and
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the
parties have entered into this Agreement (hereinafter"Agreement" or"Contract") as follows:
Article 1.1.0 Representations and Warranties and Term of Contract
By executing this Contract, the CONTRACTOR makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits, or other authorizations
necessary to act as CONTRACTOR for the COUNTY until the CONTRACTOR'S duties
hereunder have been fully satisfied.
1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a
manner that they will be accurate, coordinated, and adequate for use in verifying work
completed and associated costs and shall be in conformity and comply with all applicable
law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as
part of this Contract will be adequate and sufficient to document costs in a manner that is
acceptable for reimbursement by government agencies, therefore eliminating any additional
cost due to missing or incorrect information.
1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to
his performance and with regard to those directly under his employ or authority.
1.1.4 The CONTRACTOR's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of Tasks expressly assigned by the
COUNTY. In providing all services pursuant to this Contract, the CONTRACTOR shall abide
by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of
such services, including those now in effect and hereafter adopted. Any violation of said
statutes, ordinances, rules or regulations shall constitute a material breach of this Contract
and shall entitle the COUNTY to terminate this contract immediately upon delivery of written
notice of termination to the CONTRACTOR.
1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent
contractor and is not an employee of the COUNTY. No statement contained in this Contract
shall be construed so as to find the CONTRACTOR or any of his/her employees,
subcontractors, servants, or agents to be employees of the COUNTY. As an independent
CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and
comply with all federal, state, and local statutes, ordinances, rules and regulations applicable
to the services to be provided.
1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
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 March 17, 2021, and
end on June 30, 2021, 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
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agreement is cancelled or becomes insufficiently funded, this Agreement is also void, unless
the parties amend it in the same manner as it was originally approved.
Article 2.0 Scope of Work. The CONTRACTOR shall do, perform, and carry out in a professional
and proper manner the Scope of Work described below.
A detailed Scope of Work is attached as Exhibit "A." The CONTRACTOR shall be the provider of
post-Irma marine debris removal services for the County in the service area(s) specified in the
attached Scope of Work and shall also coordinate with the County and with the FWC on providing
and ensuring project compliance within the County.
2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without
additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work
product of the CONTRACTOR.
Article 3.0 Amount of Compensation and Availability of Funds.
3.1 The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out
the objectives of the County as to providing post-Irma marine debris removal services, shall pay to
the CONTRACTOR up to the sum of One Million One Hundred Thirty-Five Thousand One Hundred
Twenty-Seven DOLLARS and Zero Cents ($1,135,127.00) for the term of this contract, based on a
Daily Rate calculated at $8,100/ day/ crew multiplied by the maximum 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
$ 8,100/day/ crew x # of crews = 9 = $ 72,900/day (maximum)
(maximum)
The Monroe County Commercial Fishermen, Inc. (d/b/a Florida Keys Commercial Fishermen's
Association (FKCFA)) is designated as an approved Subcontractor by Monroe County to perform the
retrieval and collection of debris under Task #2, Subtask A outlined in the attached Scope of Work.
The CONTRACTOR shall compensate FKCFA not less than 60% of the final contract value to
perform these services.
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
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$8,100 /day/crew. Conditions for payment are as
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follows:
At the end of each month, the CONTRACTOR shall provide an invoice acceptable to the
Monroe County Clerk of Court (hereinafter the "Clerk"), along with documentation of service(s)
as described in the attached incorporated Scope of Services. Monthly invoicing shall be based
on the Fee Schedule in Section 3.1 above.
Consulting, lobbying, travel and lodging are specifically excluded from payment. Payment shall
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
Monroe County Clerk of Court. The request must describe in detail the services performed, the
payment amount requested, and supporting documentation.
Annually, the CONTRACTOR must furnish to the County the following (prior to the payment of any
invoices, items (A) through (F) must be provided):
List of the CONTRACTOR's Board of Directors. For each board member please indicate
when elected to serve and the length of term of service; if the CONTRACTOR is a sole
proprietorship, provide name of owner(s) and duration of ownership;
If a corporate entity or similar business organization, evidence of annual election of officers
and directors;
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;
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
contract year.
3.4 Budget. The CONTRACTOR may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this Contract in the
County's fiscal year (October 1 - September 30) by the COUNTY's Board of County Commissioners.
The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County
Commissioners. The COUNTY's performance and obligation to pay under this Contract is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of the Board
members at the time of Contract initiation, and is furthermore contingent upon sufficient, continuous
funding to the County by the FWC and/or other sources.
Article 4.0 Renewal. The County shall have the option to renew this Agreement based on funding
availability and in the discretion of the Monroe County Board of County Commissioners.
Article 5.0 Contractor's License. The CONTRACTOR shall secure, maintain and pay for any
permits and licenses necessary to operate vessels and associated equipment and infrastructure. It is
the CONTRACTOR's responsibility to maintain all permits and licenses that may be required.
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By signature hereon, the CONTRACTOR warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in these
contract documents. Proof of such licenses and approvals shall be submitted to the County upon
request. The CONTRACTOR has, and shall maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and hereby represents that it
will at all times conduct its business activities in a reputable manner.
Article 6.1.0 Insurance
6.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance
at all times that this Contract is in effect. In the event the completion of authorized work is delayed or
suspended as a result of the CONTRACTOR's failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses
resulting from such delay.
6.1.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate
this Contract.
6.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Contract.
6.1.4 Delays in the commencement or completion of work, resulting from the failure of the
CONTRACTOR to provide satisfactory evidence of the insurance required under this Contract, shall
not extend deadlines specified in this Contract, and any penalties and failure to perform
assessments shall be imposed as if the work commenced on the specified date and time.
6.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed
as relieving the CONTRACTOR from any liability or obligation assumed under this contract or
imposed by law.
6.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured
and as a Loss Payee on the CONTRACTOR' Commercial General Liability and Business
Automobile Liability 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
(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.
6.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract
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(including pre-staging of personnel and material) until satisfactory evidence of the insurance required
by this Contract has been furnished to the County as specified herein, and, when requested by the
County and/or where otherwise applicable, the CONTRACTOR shall provide proof of insurance for
all approved subcontractors.
6.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for service of
process within the State of Florida. The coverage shall contain an endorsement providing sixty (60)
days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written
by an insurer acceptable to the County and shall be in a form acceptable to the COUNTY.
Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and
maintain General Liability insurance. Coverage shall be continuously maintained and include, at a
minimum:
Insurance Requirement Required Limits
Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Recognizing that the work governed by this Agreement involves Maritime Operations (not to be associated
with Longshoremen's Insurance) , the CONTRACTOR's Workers' Compensation Insurance Policy shall
include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not
less than $1 million.
The CONTRACTOR shall be permitted to provide Jones Act Coverage through a separate Protection and
Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been provided by a
Workers' Compensation policy.
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall
be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall
be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Pollution Liability $1 million per Occurrence
Recognizing that the work governed by this Agreement involves the storage, treatment, processing,
or transporting of potentially polluting material, the CONTRACTOR shall purchase and maintain,
throughout the life of the contract, Pollution Liability Insurance which will cover and respond to bodily
injury, property damage, and environmental damage caused by a discharge of wastes which are
governed by this Agreement. The policy must specifically identify this contract and specify that
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coverage will extend to all losses, claiming pollution or environmental impairment, arising out of, in
connection with, and/or related to the services governed by this Agreement.
The minimum limits of liability shall be:
• $1 million per Occurrence
If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year
will be required.
Monroe County and its Board of County Commissioners shall be named as an Additional Insured.
Watercraft Liability $1 million Combined Single Limit (CSL)
Prior to the commencement of work governed by this Agreement, the CONTRACTOR shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the standard
"American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout
the life of this Agreement and include, at a minimum:
• Injury (including death) to any Person;
• Damage to Fixed or Movable Objects;
• Costs Associated with the Removal of Wrecked Vessels; and
• Contractual Liability with Respect to this Agreement.
If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be
endorsed to provide coverage for the legal liability of the ship-owner.
The minimum limits acceptable shall be:
$1 million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the
County.
The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire
term of the Contract and any extensions specified in the attached schedules. Failure to comply with
these provisions may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
or
• A certified copy of the actual insurance policy.
The CONTRACTOR must provide a certified copy of the/its actual insurance policy or policies upon
request by the County, notwithstanding that the CONTRACTOR may have already provided a
Certificate of Insurance.
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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.
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:
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.
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
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claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that he
shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall
further defend any claim or action on the COUNTY's behalf.
8.3 In the event completion of the work assigned (to include the work of others) is delayed or
suspended as a result of the CONTRACTOR's failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses
resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any
deficiencies or ambiguity in the plans and specifications provided by the COUNTY or
CONTRACTOR, the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend
any claims or action on the COUNTY's behalf.
8.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for
any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of
any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be
entitled to damages for delay.
8.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be disclosed.
The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any
damage incurred by the COUNTY as a result of additional costs caused by such errors shall be
chargeable to the CONTRACTOR.
8.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere in this Contract.
8.7 This indemnification shall survive the expiration or early termination of the Contract.
Article 9. Facilities and Equipment. The CONTRACTOR hereby accepts the use of any County
facilities, equipment, or infrastructure that may be provided for use in conjunction with the Service in
"as is" condition, and the CONTRACTOR shall allow the County to inspect said facilities and
equipment at any reasonable time. In addition, all operating supplies and any additional equipment
shall be the sole responsibility of the CONTRACTOR.
Article 10. Contractor's Assumption of Premises and Conditions. The CONTRACTOR hereby
agrees that it has carefully examined the facilities and equipment provided by the County and has
made investigations to fully satisfy itself that such facilities and/or equipment are suitable for this
work and it assumes full responsibility therefor. The provisions of this Agreement shall control any
inconsistent provisions contained in the Scope of Work. The Scope of Work has been read and
carefully considered by the CONTRACTOR, who understands the same and agrees to their
sufficiency for the work to be done. Under no circumstances, conditions, or situations, shall this
Agreement be more strongly construed against the County than against the CONTRACTOR.
Article 11. Maintenance, Improvements, and Capital Assets. The CONTRACTOR shall be
responsible for the maintenance, repairs, and upkeep of facilities and equipment conveyed to, or
provided for the use of, the CONTRACTOR. The CONTRACTOR shall maintain County facilities,
and all equipment in a clean, safe, and sanitary manner.
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Article 12. Breach of Terms by Contractor. The passing, approval, and/or acceptance by the
County of any defect in the services furnished by the CONTRACTOR, shall not operate as a waiver
by the County of strict compliance with the terms of this Agreement, and specifications covering the
services. Any CONTRACTOR's breach of this Agreement shall be governed by the article below on
termination for cause.
The CONTRACTOR agrees that the County Administrator may designate representatives to visit any
facilities or offices utilized by the CONTRACTOR periodically to inspect CONTRACTOR's
maintenance of vessels and equipment. The CONTRACTOR agrees that the County Administrator
may designate representatives to visit the facilities or offices periodically to conduct random open file
evaluations during the Contractor's normal business hours.
Article 13. Termination Without Cause and/or Termination for Convenience. The County may
terminate this Contract without cause by providing the CONTRACTOR with written notice of
termination at least thirty (30) days prior to the date of termination. Compensation shall be paid to
the CONTRACTOR through the end of provision or services or for the thirty (30) days, whichever is
shorter. If the County terminates this Agreement with the CONTRACTOR, the County shall pay
CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless
the cost of completion to the County exceeds the funds remaining in the Agreement. The maximum
amount due to CONTRACTOR shall not exceed the spending cap in this Agreement.
Article 14. Termination for Cause and Remedies. In addition to all the terms set forth herein, in
the event of breach of any contract terms, the County retains the right to terminate and may
terminate this Agreement for cause if the CONTRACTOR shall default in the performance of any of
its obligations under this Agreement or should the CONTRACTOR fail to perform the covenants
herein contained at the time and in the manner herein provided. Bases for default shall include, but
is/are not limited to, the occurrence of any one of the following events:
Failure to provide services as described in this Agreement.
Failure to comply with local, state, or federal rules or regulations.
Breach of any other term, condition, or requirement of this Agreement.
In the event of such termination, prior to termination, the County shall provide the CONTRACTOR
with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the
occurred breach. If the breach is not cured, the Agreement may be terminated for cause by the
County. If the County so terminates the Agreement with the CONTRACTOR, the County shall pay
the CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination,
unless the cost of completion to the County exceeds the funds remaining in the Agreement;
however, the County reserves the right to assert and seek an offset for damages caused by the
breach. The maximum amount due to the CONTRACTOR shall not in any event exceed the
spending cap(s) and limit(s) in this Agreement. In addition, the County reserves all rights available to
recoup monies paid under this Agreement, including the right to sue for breach of contract and
including the right to pursue a claim for violation of the County's False Claims Ordinance, located at
Section 2-721 et al. of the Monroe County Code.
Article 15. Maintenance of Records. The CONTRACTOR shall comply with all public records and
records retention requirements mandated by Section 24, Article I, of the Florida Constitution, and
Chapter 119, Florida Statutes, and shall maintain and keep all books, documents, and records
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
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termination of this Contract or for a period of 5 years from the date of submission of the final
expenditure report in accordance with 2 CFR § 200.333, whichever is greater. The COUNTY shall
have the right to unilaterally cancel this Contract upon violation of this provision by the
CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be
deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision
in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provisions shall survive any
termination or expiration of the Contract. Each party to this Contract or its authorized representatives
shall have reasonable and timely access to such records of each other party to this Contract during
the term of the Contract and for four years following the termination of this Contract. If an auditor
employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to the
CONTRACTOR pursuant to this Agreement/Contract were spent for purposes not authorized by this
Agreement/Contract, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall
repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes,
running from the date the monies were paid by the COUNTY.
In addition, the CONTRACTOR shall, at its expense, provide the County with an annual audit,
prepared by an independent Certified Public Accountant, which shall conform to generally accepted
auditing standards, of the Statement of Revenues and Expenses associated with this Agreement
with Monroe County, and which shall be submitted to the County within one hundred twenty (120)
days following the close of the Contractor's fiscal year.
The CONTRACTOR shall also allow the County to inspect the CONTRACTOR's facilities,
equipment, or vessels at any reasonable time.
Article 16. Right to Audit. Availability of Records. The records of the parties to this Agreement
relating to the project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including proposals of
successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original
estimates; estimating work sheets; correspondence; change order files (including documentation
covering negotiated settlements); backcharge logs and supporting documentation; general ledger
entries detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may in County's or the
County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or
obligations under or covered by any contract document (all foregoing hereinafter referred to as
"Records") shall be open to inspection and subject to audit and/or reproduction by County's
representative and/or agents or the County Clerk. County or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing the
distribution of payroll, verifying payroll computations, overhead computations, observing vendor and
supplier payments, miscellaneous allocations, special charges, verifying information and amounts
through interviews and written confirmations with employees, Subcontractors, suppliers, and
contractors representatives. All records shall be kept for ten (10) years after Final Completion of the
Project. The County Clerk possesses the independent authority to conduct an audit of Records,
assets, and activities relating to this Project. If any auditor employed by the Monroe County or
County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Contractor shall repay the monies together with
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.
11
Article 17. Public Access and Public Records Compliance. The CONTRACTOR must comply
with all Florida public records laws, including but not limited to Chapter 119, Florida Statutes and
Section 24, Article I, of the Florida Constitution. The COUNTY and the CONTRACTOR shall allow
and permit reasonable access to, and inspection of, all documents, records, papers, letters, or other
"public record" materials in its possession or under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction
with and in connection with this Contract and related to Contract performance. The COUNTY shall
have the right to unilaterally cancel this Contract upon violation of this provision by the
CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be
deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision
in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the Contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida's public records laws in
order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms
and conditions of this contract, the CONTRACTOR is required to:
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
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by
law.
Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the COUNTY.
(4) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in
possession of the CONTRACTOR or keep and maintain public records that would be required
by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to
the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the CONTRACTOR keeps and maintains public records upon completion of
the Contract, the CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the COUNTY, upon request from
the COUNTY's custodian of records, in a format that is compatible with the information
technology systems of the COUNTY.
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.
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
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public records to the COUNTY or pursuant to a valid public records request within a reasonable time
may be subject to penalties under Section 119.10, Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN(a-MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL
33040.
Article 18. Compliance with Law. In providing all services pursuant to this Agreement, the
CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of
this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the CONTRACTOR. The CONTRACTOR shall possess proper
licenses to perform work in accordance with these specifications throughout the term of this
Agreement.
Article 19. Disclosure, Conflict of Interest, and Code of Ethics.
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.
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:
13
FOR MONROE COUNTY, FLORIDA:
Monroe County Administrator and Monroe County and Monroe County Attorney
1100 Simonton Street Senior Director 1111 1211 St., Suite 408
Key West, FL 33040 Planning & Environmental Key West, FL 33041
Resources Department
2798 Overseas Hwy.
Marathon, FL 33050
FOR THE CONTRACTOR:
Mr. Gregory Tolpin
12895 Southwest 871h Avenue
Miami, FL 33176
Article 21. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The
CONTRACTOR shall not be exempted by virtue of the County's exemption from paying sales tax to
its suppliers for materials used to fulfill its obligations under this Agreement, nor is the
CONTRACTOR authorized to use the County's Tax Exemption Number in securing such materials.
The CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related
to services rendered under this Agreement.
Article 22. Financial Responsibility. The CONTRACTOR shall not pledge the County's credit or
make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any
form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this Agreement.
Article 23. Uncontrollable Circumstance. Any delay or failure of either party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was caused
directly by an event beyond such party's control, without such party's fault or negligence and that by
its nature could not have been foreseen by such party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other
declared emergency in the geographic area of the project; (c) war, invasion, hostilities (whether war
is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the
project; (d) government order or law in the geographic area of the project; (e) actions, embargoes, or
blockades in effect on or after the date of this Agreement; (f) action by any governmental authority
prohibiting work in the geographic area of the project; (each, a "Uncontrollable Circumstance").
CONTRACTOR'S financial inability to perform, changes in cost or availability of materials,
components, or services, market conditions, or supplier actions or contract disputes will not excuse
performance by Contractor under this Section. Contractor shall give County written notice within 7
days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance,
and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent
efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The County will not
pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no
cost Change Order for such reasonable time as the County may unilaterally determine, approve, or
deny.
Article 24.1.0 Miscellaneous
24.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its
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obligations under this Contract, except in writing and with the prior express written approval
of the COUNTY and consistent with the Contract, which approval shall be subject to such
conditions and provisions as the COUNTY may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this Contract. Subject to the provisions
of the immediately preceding sentence, each party hereto binds itself, its successors, assigns
and legal representatives to the other and to the successors, assigns and legal
representatives of such other party.
24.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
24.1.3 Termination.
(A) In the event the CONTRACTOR shall be found to be negligent in any aspect of the
service or work, the COUNTY shall have the right to terminate the Contract after five (5)
days' written notification to the CONTRACTOR.
The COUNTY may cancel this Contract without cause by giving the CONTRACTOR
sixty (60) days' written notice of its intention to do so.
24.1.4 Public Entities Crimes/Convicted Vendor. A person or affiliate who has been placed on
the convicted vendor list following a conviction for public entity crime may not submit a bid on
contracts to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
By signing this Contract, CONTRACTOR represents that the execution of this Contract will
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Contract and recovery of all monies paid hereto, and
may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONTRACTOR has been placed on the convicted
vendor list.
CONTRACTOR will/shall promptly notify the COUNTY if it or any
subcontractor or subconsultant is formally charged with an act
defined as a "public entity crime" or has been placed on the
convicted vendor list.
15
24.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Contract. Any conditions imposed as a result of funding that affect the Project will be
provided to each party.
24.1.6 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Contract
automatically terminates without any further action on the part of any party, effective the date
of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-
3 and 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.
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
16
No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No.
020-1990. For breach or violation of this provision the COUNTY may, in its discretion,
terminate this Contract without liability and may also, in its discretion, deduct from the
Contract or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former COUNTY officer or employee.
24.1.9 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Contract, and that only interest of each is to perform
and receive benefits as recited in this Contract.
24.2.0 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow
the provisions, as applicable, as set forth in 2 C.F.R. § 200.326 Contract provisions and Appendix II
to 2 C.F.R. Part 200, as amended, including but not limited to:
24.2.1 Davis-Bacon Act, as Amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities
must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. If applicable, the COUNTY
must place a copy of the current prevailing wage determination issued by the Department of Labor in
each solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all suspected or reported
violations to the Federal awarding agency. The contractors must also comply with the Copeland
"Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States"). As required by the Act, each contractor or
subrecipient is prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal
awarding agency.
24.2.2 Miscellaneous.
(1) Contractor. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this Agreement.
(2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the
clause above and below and such other clauses as the FEMA may by appropriate
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.
17
(3) Breach. A breach of the contract clauses above or below may be grounds for termination
of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.
§ 5.12.
24.2.3 Non-Discrimination/Equal Employment Opportunity. Except as otherwise provided under
41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in
41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b).
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339),
as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2
C.F.R. Part 200, Appendix II, ¶C, agrees as follows:
1) The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading, demotion,
or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
3) The CONTRACTOR will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Contractor's legal duty to furnish
information.
4) The CONTRACTOR will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice to
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.
18
5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
6) The CONTRACTOR will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
8) The CONTRACTOR will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The Contractor will
take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by
the administering agency the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
24.2.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must compute the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard work week is permissible provided that the worker
is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on
the open market, or contracts for transportation or transmission of intelligence.
24.2.5 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
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
19
under that "funding agreement," the recipient or subrecipient must comply with the requirements of
37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
24.2.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387, as Amended). CONTRACTOR agrees to comply with all applicable standards,
orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671 q) and the
Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387) and will report violations
to FEMA and the Regional Office of the Environmental Protection Agency (EPA) and the Federal
awarding agency. The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended— applies to Contracts and subgrants of amounts in
excess of$150,000.
24.2.7 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see
2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549.
24.2.8 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
24.2.9 Compliance with Procurement of Recovered Materials as Set Forth in 2 C.F.R. §
200.322. CONTRACTOR must CONTRACTOR must comply with section 6002 of the Solid Waste
Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase price
of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
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
20
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
24.3.2 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds under
this Contract. The DBE requirements of applicable federal and state laws and regulations apply to
this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the
opportunity to participate in the performance of this Contract. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal and
state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Contract. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR, with funds authorized by this Agreement, seeks to subcontract goods or
services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the
following affirmative steps to assure that minority businesses, women's business enterprises,
and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing Placing qualified small and minority businesses and women's business enterprises
on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps
listed in paragraph (1) through (5) of this section.
24.3.3 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the CONTRACTOR during
the term of the Contract and shall expressly require any subcontractors or subconsultants
performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor or subconsultant during the Contract term.
24.3.4 NRCS Regulations. NRCS administers the EWP program through the following authorities:
• 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
21
• Codified rules for administration of the EWP program are set forth in 7 CFR 624.
24.3.5 Additional FEMA and/or FDEM Requirements:
• Access to Records. CONTRACTOR/Consultant and their successors, transferees,
assignees, and subcontractors acknowledge and agree to comply with applicable provisions
governing the Department of Homeland Security (DHS) and the Federal Emergency
Management Agency's (FEMA) access to records, accounts, documents, information,
facilities, and staff. Contractors/Consultants must 1. Cooperate with any compliance review
or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine
and copy records, accounts, and other documents and sources of information related to the
grant and permit access to facilities, personnel, and other individuals and information as may
be necessary, as required by DHS regulations and other applicable laws or program
guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials
and maintain appropriate backup documentation to support the reports.
• DHS Seal, Logo, and Flags. The CONTRACTOR shall not use the Department of Homeland
Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials
without specific FEMA approval.
• Changes to Contract. The CONTRACTOR understands and agrees that any cost resulting
from a change or modification, change order, or constructive change of the agreement must
be within the scope of any Federal grant or cooperative agreement that may fund this Project
and be reasonable for the completion of the Project. Any contract change or modification,
change order or constructive change must be approved in writing by both the County and
Contractor.
• The CONTRACTOR is bound by the terms and conditions of the Federally-Funded
Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency
Management (Division).
• The CONTRACTOR shall hold the Florida Division of Emergency Management and County
harmless against all claims of whatever nature arising out of the CONTRACTOR's
performance of work under this Agreement, to the extent allowed and required by law.
Article 25. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the CONTRACTOR and the COUNTY in this Contract and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any
provision for waiver.
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
22
performance of such functions and duties of such officers, agents, volunteers, or employees outside
the territorial limits of the COUNTY.
Article 27. Legal Obligations and Responsibilities - Non-Delegation of Constitutional or
Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract is
not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state
statute, and case law.
Article 28. No Personal Liability. No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Contract or be subject to any personal liability or accountability by reason of the
execution of this Contract.
Article 29. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Contract to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR
and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under this
Contract separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Contract.
Article 30. Governing Law, Venue, Interpretation, Costs and Fees. This Contract shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Contract,
COUNTY and CONTRACT agree that venue shall lie in the 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.
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.
23
Article 32. Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. The CONTRACTOR and COUNTY representative(s)
shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this Contract or by Florida law. This provision does not negate or
waive the preceding provisions of this Contract concerning termination or cancellation.
Article 33. Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Contract, COUNTY
and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Contract or
provision of the services under this Contract. COUNTY and CONTRACTOR specifically agree that
no party to this Contract shall be required to enter into any arbitration proceedings related to this
Contract.
Article 34. Severability. If any term, covenant, condition or provision of this Contract (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Contract, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Contract would prevent the accomplishment of the original intent of this Contract.
The COUNTY and CONTRACTOR agree to reform the Contract to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Article 35. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such
documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by
CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates
and other factual unit costs supporting the compensation pursuant to the Contract are accurate,
complete, and current at the time of contracting. The original contract price and any additions thereto
shall be adjusted to exclude any significant sums by which the agency determines the contract price
was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs.
All such adjustments must be made within one year following the end of the Contract.
Article 36. Authorized Signatory. The signatory for the CONTRACTOR, below, certifies and
warrants that:
(A) The CONTRACTOR's name in this Agreement is its full name.
(B) He or she is authorized to act and contract on behalf of CONTRACTOR.
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.
24
Article 39. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall
bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their
respective legal representatives, successors, and assigns.
Article 40. Section Headings. Section headings have been inserted in this Contract as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this
Contract and will not be used in the interpretation of any provision of this Contract.
Article 41. Execution in Counterparts. This Contract may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Contract by
signing any such counterpart.
In Witness Whereof, the parties have executed this Contract as indicated below.
(SEAL) BOARD OF COUNTY COMMISSIONERS OF
KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA
As Deputy Clerk Mayor Michelle Coldiron
By: Signature:
Witness No. 1 (Print Name) Gregory Tolpin
By: On behalf of:
Witness No. 1 (Signature) Adventure Environmental, Inc.
By: NB4 NROE CQ. ATTORNEY
Witness No. 2 (Print Name) APB { TO FORM
PETER
By. ASSISTANT COUNTY Tr0RNEY
ORRIS
Witness No. 2 (Signature) ate. 3.2.21
STATE OF
COUNTY OF
The foregoing instrument was acknowledged and attested before me this day of
20_, by , who is personally known to me or produced
as proof of identification and did take an oath.
Notary Public Seal
Notary Public— Print Name
25
Exhibit 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
federal agencies have focused marine cleanup and recovery efforts specifically on canal debris,
sunken and derelict vessels and scattered destroyed/entangled lobster traps.
Monroe County (County), through a grant from the United States Department of Agriculture
Natural Resources Conservation Service, removed significant volumes of debris from numerous
canal systems. The Florida Fish & Wildlife Conservation Commission (FWC), in coordination
with U.S. Coast Guard and the Environmental Protection Agency, were responsible for the
removal of approximately 800 sunken and derelict vessels. Coordinated efforts between the FWC
and the Florida Keys Commercial Fishermen's Association provided for the removal of lobster
traps entangled in approach channels and traps/trap debris along various shoreline areas. An
estimated 56,000 traps were recovered. Additionally, there have been several grassroot efforts
(e.g. Conch Republic Marine Army) who used volunteers, donations and public assistance to
remove over 90 tons of marine debris along shorelines of the Florida Keys.
While these efforts were successful in the removal of debris in the highest impact areas, scattered
debris remains along various shorelines and in nearshore waters which were not the primary focus
of these projects. This scattered debris generally includes remaining trap parts/lines (an estimated
94,000 traps remain from those initially lost) and mostly small to medium sized, miscellaneous
land-based debris.
State and Federal agencies have committed to addressing remaining debris impacts along
mangrove shorelines and in associated nearshore waters. Funding support for this project in the
amount of $1.3 million is part of a $44 million allocation granted to FWC by NOAA Fisheries
following Hurricane Irma for fisheries restoration and recovery. FWC selected Monroe County as
a sub-recipient to perform the project which will be subcontracted to a vendor ("Contractor")
selected through a competitive solicitation process in conformance with all State and Federal
guidelines.
This project will require that the Contractor utilize local commercial fishermen to perform the
work. Monroe County supports commercial fishermen in the Florida Keys, and recognizes that
commercial fishermen have extensive knowledge of Keys' waters, shorelines and habitats, and are
generally equipped with suitable vessels and gear to navigate and perform work in shallow water
areas and along mangrove shorelines.
Objectives & Goals
The primary objective of this project is the removal of the remaining shoreline and nearshore
marine debris associated with Hurricane Irma within the Florida Keys. The goal is to provide for
the cleanup of 100% of identified debris. The primary focus will be on the retrieval of commercial
trap gear,particularly entangled trap rope which is anticipated to be the dominant remaining debris
from Hurricane Irma. The secondary focus will be the removal of all other man-made debris
identified by the project. The project will target mangrove shorelines (up to the mean high water
line) and associated nearshore waters up to 1-2 feet in water depth adjacent to publicly owned
shorelines.
Project Description
The project will commence with the Contractor conducting preliminary assessments of existing
debris within the focus area of the project to determine priority locations for targeted removal
activities. The Contractor will then provide and oversee several `crews' of local commercial
fishermen to perform the retrieval, collection and transport of marine debris from authorized debris
sites to Temporary Disposal Sites. No diving is anticipated to be necessary. The project will not
include debris removal in canals. Crew activities will be reported through utilization of Daily Work
Certification Forms which will provide the central record keeping for cleanup activities. The
Contractor will then provide transportation of the collected debris from the Temporary Disposal
Site(s)to certified disposal facilities for final disposal.
General methodology for debris retrieval along mangrove shorelines in the Florida Keys includes
the use of small skiffs, kayaks or floating platforms fanning out from the primary crew vessel
and/or individuals walking along/into the mangroves to retrieve debris. Associated small vessels
shall be of a design that provides for access to very shallow water and further access to/and into
mangrove shoreline fringes. Small barges (such as pontoon A-frame barges) are suggested to be
used for debris collection from the skiffs/kayaks; however, the primary crew vessels themselves
(if suitable based on water depth) are also suggested to be used for debris collection/transport. It
is suggested that a maximum of four crews working per day will ensure sufficient effort while still
providing an effective means to reasonably monitor all crew activities on a given day, as necessary.
Monroe County anticipates that$164,873 of the $1.3 million in funding available for this project
will be necessary to cover the disposal costs associated with the debris collection. Therefore, the
anticipated amount of funding available for the Contractor's activities is $1,135,127.
Geographic Scope
Hurricane Irma caused the deposition of marine debris throughout most areas of the Florida Keys.
Post-hurricane imagery provided by NOAA indicated that debris was distributed in open water
and canal areas,but did not provide sufficient data regarding debris in nearshore areas in less than
2 feet of water. Trap debris over-flight observations and mapping were also conducted by Florida
Sea Grant. Subsequently, trap removal efforts were conducted and mapped by FWC. The map
below provides an overview of the higher density areas where traps were observed and trap
removals were performed. In conjunction with smaller-scale grassroots projects performed, it
appears that much of the nearshore water areas and mangrove shorelines of the Florida Keys still
contain large volumes of widely-scattered trap and other man-made debris. This information has
been utilized in determining the focus areas for this project and where targeted efforts should be
placed.
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Focus Area
After consideration by Monroe County, FWC and NOAA, it has been determined that the primary
focus area for this project will be from the island of Marathon Key in the Middle Keys to Sugarloaf
Key in the Lower Keys (see Focus Area Map below). This area is anticipated to have the highest
density of debris based on the mapping data above and through conversations with various
stakeholders. Focus on the higher density debris areas will maximize efficiency and ensure
effective use of the limited available funding.
The Focus Area has been broken down by numbered grid cells in association with the performance
of the tasks and deliverables outlined below. The project will target mangrove shorelines (up to
the mean high water line) and associated nearshore waters up to 1-2 feet in water depth adjacent
to publicly-owned shorelines. No debris removal will occur along privately-owned shorelines or
bay bottom or in canals. Monroe County will assist the Contractor in determining ownership of
shoreline properties based on debris sites/areas located. Debris removal from privately-owned
shorelines or privately-owned bay bottom may be allowed with a specific request, and
authorization, in writing from the property owner on a case-by-case basis and with specific pre-
authorization by the County's Marine Resources Office. However, no work shall occur above the
mean high water line regardless of property ownership.
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Temporary Disposal Sites (TDS)
Monroe County will assist the Contractor with establishing a number of Temporary Disposal Sites
(TDS) throughout the focus area where the marine debris will be offloaded from crew vessels or
collection barges, into roll-offs, and from there trucks will take the debris for final disposal. The
Contractor, in coordination with Monroe County and FWC, will establish several TDS sites
throughout the focus area. By this method, the Contractor may have multiple crews working
throughout the focus area throughout the duration of the project. The Contractor shall be
responsible for providing roll-offs or other suitable refuse containers at the TDS sites. The TDS
sites may also serve as extraction locations to provide waterfront landing locations to offload
debris from crew vessel to a shoreside location such as boat ramps. At a minimum, TDS sites will
be in the vicinity of extraction locations to maximize efficiency in the performance of the work.
The following sites have been identified as possible TDS sites:
• Marathon- Keys Fisheries (bayside;privately owned)
• Big Pine Key-the Swimming Hole (oceanside; County managed)
• Ramrod Key- Commercial Fishing Area property (oceanside;privately owned)
• Cudjoe Key- Blimp Rd boat ramp (gulfside; County managed)
• Sugarloaf Key- Sammy Creek Landing (oceanside; FWC managed)
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Hazmat Handling
The Contractor may be retrieving and transporting hazardous materials in the performance of the
described duties. The Contractor should have a sufficient level of hazmat training in order to safely
handle hazmat(i.e. Hazwopper training, etc.) and ensure that all crews are familiar with handling
hazardous materials as may be encountered. All hazardous materials collected shall be properly
disposed of at a certified hazardous waste disposal facility.
Regulatory Authority
The Florida Keys National Marine Sanctuary (Sanctuary or FKNMS) has provided federal
approval for this project. A Letter of Authorization from the Sanctuary has been issued to the
County for the Contractor to perform the work described in this Scope of Work. Due to the
geographically narrow marine environment where the debris removal work is to be performed,no
alteration of, or impact to the seafloor or mangrove vegetation is anticipated to occur. State and
federal regulations prohibit damage to seagrasses or mangroves.
As applicable, FKNMS staff may provide Best Management Practices (BMP) training for the
Contractor and his crews to ensure that safety and environmental protective measures are followed
and exhibited throughout the course of the project work. DEP and/or FKNMS staff may also be
onsite for operations when removing debris from mangroves. Monroe County will coordinate with
DEP and FKNMS regarding any need for state and/or federal oversight of operations.
Project Tasks & Associated Deliverables
Task #1 —Preliminary Debris Assessments,Work Authorization Requests & Temporary
Disposal Sites
• Subtask A - The Contractor shall conduct Preliminary Debris Assessments of
Potential Debris Sites within each grid cell identified on the Focus Area Map above.
The Contractor shall be responsible for identification of potential Debris Sites for
targeted assessment, but may also be provided technical assistance by Monroe County
and/or other project stakeholders. The Contractor shall collect the following information
as part of the assessment:
i. Descriptive data of each Debris Site including description and length of shoreline,
debris type(s), and estimated debris quantity (in cubic yards);
ii. Locational (latitude/longitude) data of each Debris Site including preliminary
photographic and video documentation of each site. Photographs and video
footage shall be geo-referenced with GPS coordinates and shall be taken at/from
specific locations and at specific debris locations along the length of the shoreline.
(NOTE: Identical documentation will 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
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 Preliminary Debris Assessments of
Suggested Priority Debris Sites to Monroe County along with the Deliverables
under Task 1, Subtask B. 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 June 1, 2 02 1.
• Subtask B - The Contractor shall complete Work Authorization Request Forms for
Suggested Priority Debris Sites for cleanup activities. Documentation shall include all
data collected during the Preliminary Debris Assessment, a request to perform work at the
Suggested Priority Debris Sites, and an Operational Plan outlining the work to be
performed. The Operational Plan shall include, at a minimum, anticipated dates/location of
work, an overview of the work to be performed, identifying numbers/names of each
primary crew vessel,number of crew and skiffs being used, and the estimated debris type(s)
and quantity to be collected. The goal and focus of the operation shall be to provide for
cleanup of 100% of the debris identified in the Preliminary Debris Assessments for the
Priority Debris Sites. If any identified debris cannot be collected due to logistical
constraints by the Contractor,this shall be noted in the Work Authorization Request Form.
The Operational Plan shall also contain an overview of the transportation and disposal plan
including anticipated Temporary Disposal Site locations/overview. Monroe County will
provide technical assistance regarding this element of the project.
➢ Deliverable—The Contractor shall provide Work Authorization Request Forms for
Suggested Priority Debris Sites to Monroe County at least five (5) business days
prior to the anticipated start date of work. At a minimum, a Work Authorization
Request Form for each Debris Site identified with high and/or medium debris
density shall 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
Authorization Request Form shall be submitted by Monroe County no later than
June 1, 2021.
• Subtask C — The Contractor shall establish Temporary Disposal Sites (TDS)
throughout the focus area. These Sites shall allow for the debris to be offloaded and/or
staged to allow for debris management in preparation for transport to the final disposal
facility(s). The Contractor shall be responsible for providing roll-offs or other suitable
refuse containers at the TDS sites, as well as general oversight of each site. Monroe County
anticipates coordination with the Contractor and FWC for final site selection and any
necessary approvals required for utilization of the property(s). All TDS sites shall be
cleaned free of any debris and shall be returned to pre-work conditions at the completion
of project activities.
➢ Deliverable— The Contractor shall provide a list of anticipated TDS sites at least
14 days prior to the anticipated start date of work for review by Monroe County.
Task #2—Debris Retrieval, Collection and Transport
• Subtask A - The Contractor* shall perform shoreline/nearshore cleanup of marine
debris at Authorized Debris Sites including debris retrieval, collection and transfer
from crew vessels to Temporary Disposal Site(s). The Contractor shall assign an
identifying name or number to each crew for tracking and invoicing purposes. The
Contractor shall ensure a sufficient number of crew members on each crew to provide for
the various activities to be performed including piloting, retrieving, tracking, and
transporting debris, and collecting photos/videos to document the work. For debris
retrieval, each crew shall fan out in the Debris Sites to retrieve all man-made debris from
the shoreline (up to the mean high water line) and adjacent nearshore waters (up to 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
retrieval of entangled trap gear,particularly trap rope. All debris identified in the
Preliminary Debris Assessment shall be collected unless excluded from the Operational
Plan. Any hazardous materials collected shall be kept separate from general debris on the
crew vessels for proper disposal as necessary. Crews shall then transport the debris to a
shorelide extraction location for transferring via truck or other suitable vehicle/equipment
to roll off containers located at Temporary Disposal Sites (TDS). All cleanup activities
shall be completed no later than June 8, 2021.
*With the exception of large and/or hazardous materials, the retrieval and collection
of debris under this Subtask shall be conducted by the Monroe County Commercial
Fishermen, Inc. (d/b/a Florida Keys Commercial Fishermen's Association(FKCFA))
who is designated as an approved Subcontractor by Monroe County to perform this
Subtask. FKCFA shall utilize local commercial fishermen for the performance of
the work.
• Subtask B— The Contractor (and/or each crew manager) shall complete a Daily
Work Certification Form for each crew. The form shall include (at a minimum)the
date and location of work; crew ID name/number; crew member names; hours of work on
the water; equipment used; and offloading/disposal site information. Forms shall be
developed by Monroe County in coordination with FWC and the Contractor.
Documentation shall provide sufficient data to clearly track all crew activities.
➢ Deliverable — The Contractor shall provide Monroe County all documentation
associated with this Subtask for review and approval prior to payment.
Documentation shall provide sufficient records to clearly track all project activities
as determined by the County and FWC. At least one (1) Daily Work Certification
Form shall be submitted for each crew who performed activities. Documentation
shall be submitted in conjunction with the Weekly Summary Reports under Subtask
F below. Final documentation shall be submitted no later than June 15, 2021.
• Subtask C— The Contractor (and/or each crew manager) shall complete a Marine
Debris Data Collection Form that provides a detailed description of debris retrieved
from each Debris Site including debris type(s), total volume (in cubic feet) and any
special notes. Forms shall be developed by Monroe County in coordination with FWC.
➢ Deliverable—The Contractor shall provide Monroe County at least one (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
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.
➢ Deliverable — The Contractor shall provide Monroe County all documentation
associated with this Subtask for review and approval prior to payment.
Documentation shall provide sufficient records to clearly track all project activities
as determined by the County and FWC. Documentation shall be submitted in
conjunction with the Weekly Summary Reports under Subtask F below. Final
documentation shall be submitted no later than June 15, 2021.
• Subtask E - The Contractor shall collect post-removal photographic and video
documentation of each Debris Site where activities occurred. This documentation
shall be identical to the data collected under the Preliminary Debris Assessment for each
site including location, orientation, date/time stamp and geo-referencing.
➢ Deliverable — The Contractor shall provide Monroe County all documentation
associated with this Subtask for review and approval prior to payment.
Documentation shall provide sufficient records to clearly track all project activities
as determined by the County and FWC. Documentation shall be submitted in
conjunction with the Weekly Summary Reports under Subtask F below. Final
documentation shall be submitted no later than June 15, 2021.
• Subtask F— The Contractor shall complete a Weekly Summary Report of work
activities. The report shall contain a detailed summary of the weekly operations
including work performed by Debris Site (including % of completion per site), overview
of crew activities, total debris collected(by type and volume), and disposal information.
➢ Deliverable — The Contractor shall provide Monroe County one (1) Weekly
Summary Report for each week where work activities occurred for review and
approval prior to payment. Documentation shall provide sufficient records to
clearly track all project activities as determined by the County and FWC. Final
documentation shall be submitted no later than June 15, 2021.
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. As specified in Tab 2, Part 1, Section G, each final disposal facility shall be
approved by the County's Marine Resources Office in advance. All disposal activities
shall be completed no later than June 15, 2021.
• Subtask B— The Contractor shall obtain a disposal ticket/receipt for each load of
debris disposed from the certified disposal facility(s) indicating the date, cost, and
weight of the debris disposed.
➢ 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. Documentation shall be submitted in conjunction with the
Weekly Summary Reports under Task 42, Subtask F. Final documentation shall be
submitted no later than June 15, 2021.
• Subtask C—The Contractor shall take photos of each phase of the disposal
operation. The photographs shall document each phase of the disposal process including:
a) debris prior to loading for transport from the TDS to the disposal facility, b)the
transport process, and c) the final disposal of the debris at the certified disposal facility.
➢ Deliverable—The Contractor shall provide Monroe County at least three(3)photos
of the disposal operation for each disposal event within five (5) business days of
each disposal event for review and approval prior to final payment. Documentation
shall provide sufficient records to clearly track all project activities as determined
by the County and FWC. Documentation shall be submitted in conjunction with the
Weekly Summary Reports under Task 42, Subtask F. Final documentation shall be
submitted no later than June 15, 2021.
Pricing/Fee Schedule
Pricing is based on a `Daily Rate' which shall be based on an individual `crew' working on the
water a minimum of seven (7) hours per day. A `crew' shall be considered all associated
personnel necessary to complete the day's activities. The Daily Rate shall also include all costs
associated with implementing the project including all time and materials. For pricing purposes,
the minimum of seven hours per day "on the water" shall not include travel or mobilization time.
Any partial days will be paid on the actual number of hours on the water doing work. A 'Total
Daily Rate' shall be based on the total number of crews working per day multiplied by the
individual crew Daily Rate as specified in the Fee Schedule table below. The County suggests a
maximum of four crews working per day to ensure sufficient effort while still providing an
effective means to reasonably monitor all crew activities on a given day, as necessary. The
County recognizes that the number of crews working on any given day in any particular area
may vary based on weather, logistics, methodology, location of debris, efficiency, etc. Invoice
costs shall be based on actual number of crews working per day.
Fee Schedule
Daily Rate Per Crew Number of Crews Total Daily Rate
$ 8,100/ day/crew x # of crews = 9 = $ 72,900/day (maximum)
(maximum)
Since pricing for the project is based on a daily rate (rather than a metric such as volume of debris
removed) it is critical that performance by the Contractor provides a diligent level of effort and an
acceptable level of accomplishment of the project objective. If necessary, a minimum threshold
for debris removal may be established, below which the project may be paused for
retooling/modifying methodology or to address sub-standard effort levels. Photo (and video)
documentation by the Contractor is critical in determining restoration levels achieved.
Invoicing and Record Keeping
The Contractor shall submit a signed invoice, via e-mail, to the County's Contract Manager on a
monthly basis upon completion of cleanup activities per Authorized Debris Site under Task 42.
The invoice shall include a brief summary of the work performed during the week, the number of
days and hours that individual crews worked and the total cost(based on the Pricing section above).
The invoice shall also include all deliverables required for submission under Task 42 above.
Monroe County will coordinate with the FWC Grant Manager upon the receipt of the invoices.
FWC shall provide confirmation to the County that the invoices may be submitted for payment.
COVID-19
Due to the COVID-19 virus, all parties participating in the debris removal project shall adhere to
all CDC guidelines and Monroe County orders applicable at the time of the project, and shall at
all times conform to all law(s) enacted, issued, or approved by the State of Florida, United States
federal government, and Monroe County, Florida.