Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item K11
K71 �` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting July 21, 2021 Agenda Item Number: K.11 Agenda Item Summary #8422 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner (305) 289-2805 No AGENDA ITEM WORDING: Approval of a Two (2) Year Extension to the Contract with Underwater Engineering Services, Inc., for the Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County. ITEM BACKGROUND: The Monroe County Board of County Commissioners ("BOCC") approved a contract with Underwater Engineering Services, Inc., on August 15th, 2018, for services relating to the installation and maintenance of aids to navigation and regulatory markers in Monroe County. This contract is due to expire on August 31 st, 2021. The subject contract amendment extends the term for two (2)years, thereby extending it for the period September lst, 2021, through August 31st, 2023. This contract amendment has been attached for Board approval. PREVIOUS RELEVANT BOCC ACTION: August 2018 —Approval of Contract with Underwater Engineering Services, Inc. CONTRACT/AGREEMENT CHANGES: Yes STAFF RECOMMENDATION: Approval DOCUMENTATION: Amendment Original Contract_2018 COI approvedby Risk FINANCIAL IMPACT: Packet Pg. 2443 K71 Effective Date: September 1, 2021 Expiration Date: August 31, 2023 Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: Yes Source of Funds: Boating Improvement Funds CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes, approved by Risk Additional Details: None None REVIEWED BY: Michael Roberts Completed 06/28/2021 4:32 PM Assistant County Administrator Christine Hurley Completed 06/29/2021 9:08 AM Emily Schemper Completed 06/30/2021 11:00 AM Peter Morris Completed 07/01/2021 1:34 PM Purchasing Completed 07/01/2021 3:13 PM Budget and Finance Completed 07/02/2021 10:28 AM Maria Slavik Completed 07/02/2021 10:30 AM Liz Yongue Completed 07/02/2021 12:01 PM Board of County Commissioners Pending 07/21/2021 9:00 AM Packet Pg. 2444 K.11.a AMENDMENT TO CONTRACT BETWEEN UNDERWATER ENGINEERING SERVICES,INC. AND MONROE COUNTY,FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 21 st day of July,2021 between Monroe County Board of County Commissioners and Underwater Engineering Services, Inc. WITNESSETH: WHEREAS,on August 15,2018,the parties entered into a non-exclusive Contract(Contract) for the installation and maintenance of aids to navigation and regulatory markers in Monroe County; and WHEREAS, said Contract is due to terminate on August 31,2021; and WHEREAS, Section 1.1.8 of said Contract provides for,upon the mutual written consent of the parties,one additional two (2)year term under the same terms and conditions; and WHEREAS,the undersigned parties desire to enter into this Amendment extending said Contract; and WHEREAS, extension of said Contract is deemed in the best interest of the health, safety, and welfare of the citizens of Monroe County and the general public; NOW,THEREFORE,IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: I. The Contract shall be extended for the period September 1,2021,through August 31,2023. 2. Section 6.6 of the August 15,2018 agreement is hereby amended to read: FROM: 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, including copies of receipts from the transfer station. TO: 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. Accentability to the Clerk is based on eg nerally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The request must describe in detail the services performed,the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. 3. Section 7.1.6 of the August 15, 2018 agreement is hereby amended to read: I of 5 Packet Pg.2445 K.11.a FROM: The Monroe County Board of County Commissioners shall be named as Additional Insured on all of the CONTRACTOR's insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. TO: The Monroe County Board of County Commissioners shall be named as Additional Insured on the CONTRACTOR's Commercial General Liability and Business Automobile Liability insurance policies issued to satisfy this Contract's requirements,except for Workers' Compensation. 4. Section 7.5 of the August 15, 2018 agreement is hereby amended to read: FROM: 7.5.0 Jones Act or Watercraft Coverage is Required TO: 7.5.0 Jones Act,Longshoremen and Watercraft Coverage is Required FROM: 7.5.1 Jones Act Coverage. Recognizing that the work governed by this contract involves Maritime Operations,the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. subsection 688) with limits not less than $1 million. TO: 7.5.1 Jones Act,Longshoremen and Watercraft Coverage. Recognizing that the work governed by this Agreement involves Maritime Operations,the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688)and the United States Longshoremen and Harbor Workers (USL&H) Act(33 USC sections 901-950)with limits not less than $1 million. Watercraft coverage shall also be included with limits not less than$1 million. 5. Section 9 of the August 15, 2018 agreement is hereby amended to read: FROM: Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7- years from the termination of this Contract or for a period of 3 years from the date of submission of the final expenditure report in accordance with 2 CFR §200.333,whichever is greater. 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 for public records purposes 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 CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. TO: Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7- years from the termination of this Contract or for a period of 5 years from the date of submission of the final expenditure report in accordance with 2 CFR §200.333,whichever is greater. 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 for public records purposes during the term of the 2 of 5 Packet Pg.2446 K.11.a 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 CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by this Contractor,or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03,of the Florida Statutes, running from the date the monies were paid by the COUNTY. 6. Section 11.2.9 of the August 15, 2018 agreement is hereby amended to read: FROM: Procurement of recovered materials as set forth in 2 CFR§ 200.322. TO: Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 LU 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. 0 7. Section 11.3 of the August 15, 2018 agreement is hereby amended to add the following provisions: LU 11.3.5 Access to Records: Contractor/Consultant and their successors,transferees, assignees, and 2 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. 11.3.6 DHS Seal,Logo and Flags: 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. 11.3.7 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. 11.3.8 Compliance with Federal Law,Regulations,and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the 3of5 Packet Pg.2447 K.17.a contract.The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. 11.3.9 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 11.3.10 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 11.3.11 Prohibition on certain telecommunications and video surveillance services or , equipment as set forth in 2 CFR§200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1) Procure or obtain;(2) Extend or renew a contract to procure or obtain;or(3)Enter into a contract(or extend or renew a contract)toLU procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). _ (i)For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure,and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. 11.3.12 Domestic preference for procurements as set forth in 2 CFR§200.322. The COUNTY and CONTRACTOR should,to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement,and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1)"Produced in the United States" means, for iron and steel products,that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2)"Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 11.3.13 The Contractor is bound by any terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management. 4of5 Packet Pg.2448 K.11.a 11.3.14 Tile CONTRACTOR shall bold the Division 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. 8. All of the other terms, covenants, conditions, and provisions of said original Contract, except those expressly modified and rendered inconsistent by this Amendmment, remain in full force and effect and binding upon the parties. 9. Each party agrees that they have authority to execute this Amendment on behalf of each party and represents and warrants that such person has the full right and authority to fully bind such °' party to the terms and obligations of this Amendment. I{I. This Amendment is binding on the successors and assigns of the parties. IN WITNESS WHEREOF, the parties have executed this Contract as indicated below. (SEAL) KEVIN MAIDOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor Michelle Coldiron Wl'-1 NE'S ES: Underwat En=i eering Services, Inc. 1. Bv: f a� Print Nanic� Andrew Connrzl'y int acne: enneth Griffin 2. /1 / s ,Z--le, 11 "Title: President Print Name: Bob Begano MONROE CO- APP TO FORM �. STATE OF Florida PETER MORRIS ASSISTANTE COUNTY OF St,Lucie t 7/1/21 The foregoing instrument was acknowledged and attested before me this 27th day of 1MY 2021, by Kenneth Griffin �, who is personally known to me or produced as proof of identification an did take an oath. ELI4 xaGs TINAM PETEPSON ota�'y Public Seal ` Notary Public State of Ftarida comm�ss:an#GG 235926 a{ ° My comm.Expires Nov 2,2�722 Bonged through National Notary Assn. 5 of 5 Packet Pg.2449 04.. Kevin Madok, cpA U b `ory k Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: September 11, 2018 TO: Alison Smith, Executive Assistant Planning & Environmental Resources, Stop 26 a� FROM: Pamela Hancock, D.C. SUBJECT: August 15th BOCC Meeting Attached are the following t<vo items, from the above-mentioned meeting, for your 'a handling: Kl Contract with Adventure Environmental, Inc. for Removal, Refloating and/or Demolition and Disposal of Derelict Vessels, Floating Structures and Marine Debris. Electronic copy only x K6 Contract with Underwater Engineering Services, Inc. for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County. Duplicate original coming to 2 you through courier. 0 U Should you have any questions,please feel free to contact me at extension 3130. co cc: County Attorney T- CD Finance Ni File 0 KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852 7145 305 85 Packet Pg. 2450 Monroe County Contract for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County This Contract is made and entered into this day of OW[ �i , by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (" OUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and Underwater Engineering Services, Inc. ("CONTRACTOR"), whose address is 3306 Enterprise Road, Ft. Pierce, Florida, 34982. Article 1.1.0 Representations and Warranties and Term of Contract By executing this Contract, 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. .2 1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in LU 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 0 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 regards to his performance and those directly under his employ. co 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 hereinafter adopted. Any violation of said statutes, ordinances, rules and 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 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 1 of 23 Packet Pg. 2451 K.11.b 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. LU 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 Contract. This Contract shall commence on August 15, 2018, and terminate on August 31, 2021, unless terminated earlier under the terms of this Contract. The COUNTY and CONTRACTOR shall have the option to renew this Contract for one additional 2-year term under the same terms and conditions as this Contract, exercisable by mutual agreement upon written notice given at least thirty (30) days prior to the end of the initial term. X LU The services to be rendered by the CONTRACTOR for each individual Task Order shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the �i COUNTY and CONTRACTOR, unless modified in a signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. At no time shall the CONTRACTOR commence work without written authority from the COUNTY. Article 2.0 Scope of Services. The CONTRACTOR shall do, perform, and carry out in co a professional and proper manner the Scope of Services described below. N SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in a professional and proper manner the project including certain duties as described below. Duties consist of removal, installation, repair and replacement of waterway markers including aids to navigation and regulatory markers (including piling-based makers and/or buoy-based markers). Waterway marker work will be based on individual jobs authorized by Task Orders. The CONTRACTOR will be responsible for supervision of each job from beginning to end including the scheduling, labor, monitoring, providing necessary equipment and reporting progress to the County designee in the Marine Resources Office. 2 of 23 Packet Pg. 2452 j K.11.b When a discrepant waterway marker (including, piling-based markers and/or buoy- based markers) is identified, the COUNTY will contact approved contractors via electronic mail ("e-mail") and provide the details of the job in the form of an Invitation for Quotes, detailing markers needing work, location of the job, any applicable y specifications, a quote deadline, or other pertinent information. The CONTRACTOR(s) will then respond to the COUNTY in writing via electronic document attached to an e- mail with a quote for the work to be performed, a brief description of the job and any additional pertinent information. The COUNTY will promptly choose a contractor based on the lowest quote, and assign the particular job. In the event of a tie on the low quote, the County may, (1) not accept the quotes received and issue another Invitation for Quotes, or (2) communicate with the respective quote-responding CONTRACTOR(s) to LU see if any would allow a tying contractor to be awarded the job. At no time will any contractor proceed with a job without the express authorization of the COUNTY, in the form of a Task Order. In the event of an emergency job, such as a hazard to navigation, the CONTRACTOR will provide a quote via e-mail as soon as possible, and the COUNTY may validly choose a contractor on the same day as it (the COUNTY) issues the Invitation for Quotes in order to expedite the job. The CONTRACTOR will provide all necessary and adequate equipment to complete the N work including vessels, vehicles, personnel and protective equipment, including necessary equipment for proper handling of hazardous material and will strictly adhere to all precautionary and safety requirements. The CONTRACTOR will provide all materials needed to accomplish the assigned job (as specified), except for any materials (such as signs) as may be provided by the County (the County Marine 0 Resources Office maintains an inventory of signs and may provide signs, depending on the job, in order to expedite the necessary work). The CONTRACTOR shall be responsible for the job site at all times during the work. The CONTRACTOR is required to have active licenses required to fulfill the requirements of each particular job. The CONTRACTOR is required to be familiar with, and shall be responsible for, co co complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the marine environment. The CONTRACTOR agrees to immediately abide by orders to stand down or stop work if advised to do so by any county, state or federal agency. If required to stand down by any state or federal agency, the CONTRACTOR shall immediately notify the COUNTY. It is the CONTRACTOR's responsibility to ensure that he/she performs work on the correct waterway markers. When any work is completed, the CONTRACTOR shall take representative color photographs (in landscape format) of the marker(s), including a photo of each sign replaced or repaired (with indication of the direction the sign is facing). Photos shall be of sufficient quality for the COUNTY to recognize the marker and signage (including language on the signs), and to ensure payment approval by the Monroe County Clerk of 3 of 23 Packet Pg. 2453 ,K.11.b Court's Office. Photographs are considered to be an integral part of the work and the invoicing documentation. The CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures. Any drinking of alcoholic y beverages before or during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will constitute cause for immediate termination of the contract. 2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or LU conflicts in the work product of the CONTRACTOR. 2.2 Notice Requirement. 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 Contract shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: To the COUNTY: Monroe County Board of County Commissioners Marine Resources Office LU Attn: Senior Administrator- Marine Resources 2798 Overseas Highway, Suite 410 Marathon, FL 33050 0 For the CONTRACTOR: John Glanville Underwater Engineering Services, Inc. 3306 Enterprise Road Ft. Pierce, FL 34982 .� co However, if COUNTY requests a price quotation(s) from the CONTRACTOR the request and response thereto may be accomplished by e-mail. Selection of the CONTRACTOR by the COUNTY and the terms of the individual job may be accomplished by e-mail notification with a Task Order (1) authorizing the work to be completed, and (2) signed by the COUNTY prior to the commencement of the work. Furthermore, a Notice of Termination may be accomplished by e-mail, but shall be immediately formalized in writing by the party seeking to terminate and sent to the other party by certified mail, return receipt requested. Article 3.0 County's Responsibilities 3.1 The COUNTY shall provide full information regarding requirements for the fulfillment of authorized Task Order(s) issued to the CONTRACTOR, with the 4 of 23 Packet Pg. 2454 understanding that the site conditions to which such information pertain or relate may be subject to change. 3.2 The COUNTY shall designate a representative to act on its behalf with respect to y said issued Task Order(s). 3.3 Approve a schedule for the completion of individual Task Order(s) mutually- agreeable to both the CONTRACTOR and the COUNTY. 3.4 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the work performed or LU non-conformance with this Contract. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 3.5 The COUNTY's review of any documents prepared by the CONTRACTOR shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. y Article 4.0 Authorization of Work Assignments, Subcontractors LU 4.1 All assignments of work shall be authorized in a signed Task Order in accordance with the COUNTY'S policy prior to any work being conducted by the 0 CONTRACTOR. 4.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Contract. Authorizations shall be dated, numbered and clearly relate to the specific job assignment so that they can easily be related to the specific .� assignment. Where available, the authorization shall refer to the name of the vessel, co T_ and its location. CD i 4.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this Contract without the written consent of the County, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Contract. CONTRACTOR may subcontract a particular Task Order or portion of a Task Order only with the specific written consent of the COUNTY'S representative. If subcontractors are approved, it is the responsibility of CONTRACTOR to inform the subcontractors that they must carry the same amount of insurance as the CONTRACTOR. The CONTRACTOR shall provide the COUNTY with proof of coverage before allowing a Subcontractor to do any work on the job. 5 of 23 Packet Pg. 2455 K.11.b Article 5.0 Indemnification and Hold Harmless 5.1 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 LU 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. 5.2 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 N Contract. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, LU 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. 0 5.3 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 co shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 5.4 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 5.5 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 6 of 23 Packet Pg. 2456 K.11.b COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. 5.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. 5.7 This indemnification shall survive the expiration or early termination of the Contract. Article 6.0 Compensation 6.1 Payments. The compensation available to the CONTRACTOR under this Contract shall be determined by the COUNTY on the basis of price quotations received from approved CONTRACTORS and the necessities of the individual job(s). The CONTRACTOR is responsible for evaluating the request for removal and responding in writing via e-mail with a quotation for the job, a description of the job, the amount of time by which the CONTRACTOR can begin the particular job, and the time necessary to complete that particular job. `2 6.2 For its assumption and performances of the duties, obligations, and responsibilities set forth herein, the CONTRACTOR shall be paid in accordance with LU assigned Tasks and completion of Tasks, based on submitted invoices. All invoices must meet NRCS standards and requirements. 0 (A) If the CONTRACTOR' duties, obligations, and responsibilities are materially U changed by amendment to this Contract after execution of this Contract, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B)As a condition precedent for any payment due under this Contract, the CONTRACTOR shall timely submit proper invoices for services and work properly rendered and reimbursable expenses due hereunder. The co co CONTRACTOR' invoice shall describe with reasonable particularity the serviceCD rendered. The CONTRACTOR's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at which the COUNTY may require. 0 6.3 It shall be the CONTRACTOR' responsibility to properly dispose of any markers and associated materials removed under a Task Order. 6.4 The billing rates of the CONTRACTOR for a particular job shall be determined and mutually agreed upon in writing, by and between the CONTRACTOR and the COUNTY, in a written Task Order prior to COUNTY authorization for the CONTRACTOR to commence the work. 7 of 23 Packet Pg. 2457 6.5 Payment Sum. The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance of such work. 6.6 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, including copies of receipts from the transfer station. 6.7 Reimbursable Expenses. Expenses potentially reimbursable by/from non- County federal and/or state government agencies, incurred by the CONTRACTOR in LU the interest of the work include the following expenses: (A) Reimbursable expenses including transportation (excluding airfare), lodging, meals and incidentals are included in hourly rates shown approved by 'the COUNTY and CONTRACTOR for each discretely identified position. (B)Cost of reproducing maps or drawings or other materials used in performing the scope of services. y (C)Postage and handling of reports. LU (D)AII other expenses are non-reimbursable. 0 U 6.8 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 each 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 its duration, and its duration and approval of NRCS and co co receipt of funds by NRCS. CD Article 7.1.0 Insurance 0 7.1.1 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. 7.1.2 Failure to maintain.coverage shall be considered a valid reason for the COUNTY to terminate this Contract. 8 of 23 Packet Pg. 2458 7.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 7.1.4 Delays in the commencement of work, resulting from the failure of the y 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. 7.1.5 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. 7.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured on all of the Contractor's insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 7.1.7 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 N prior notification is given to the County by the insurer. 7.2.0 General Liability Insurance 7.2.1 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 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. 7.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material) until satisfactory evidence of the insurance required by this Contract has been furnished to the COUNTY as specified co herein, and where applicable the CONTRACTOR shall provide proof of insurance for all approved subcontractors. 7.2.3 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. 7.2.4 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: 9 of 23 Packet Pg. 2459 K.11.b (A) Premises Operations (B) Products and Completed Obligations (C)Blanket Contractual Liability (D)Personal Injury Liability y The minimum limits acceptable shall be: • $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: (A)$200,000 per Person (B)$300,000 per Occurrence (C)$200,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Contract. In addition, the period for which claims may be reported should extend for a minimum of twelve months (12) following the acceptance of work by the y County. LU The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 0 The CONTRACTOR shall maintain the insurance required by this Contract throughout 0) 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: co - • Certificate of InsuranceCD i or 0 • A certified copy of the actual insurance policy. 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. 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. 10 of 23 Packet Pg. 2460 7.3.0 Vehicle Liability Insurance Requirements 7.3.1 Recognizing that the work governed by this Contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability y Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: • $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: (A)$200,000 per Person (B)$300,000 per Occurrence (C)$200,000 Property Damage .2 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. LU 7.4.0 Workers' Compensation Insurance Requirements 0 7.4.1 Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. 7.4.2 In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: (A)$100,000 Bodily Injury by Accident co co CD (B)$500,000 Bodily Injury by Disease, policy limits (C)$100,000 Bodily Injury by Disease, each employee (D)Employer's Liability- Statutory limits 0 7.4.3 Coverage shall be maintained throughout the entire term of the contract. 7.4.4 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 7.4.5 If the CONTRACTOR has been approved by the Florida's 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. 11 of 23 Packet Pg. 2461 K.11.b 7.4.6 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. y 7.5.0 Jones Act and Watercraft Coverage is Required 7.5.1 Jones Act Coverage. Recognizing that the work governed by this contract involves Maritime Operations, the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal 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. 7.5.2 Watercraft Coverage. Coverage shall include, as a minimum: • Injury (including death) to any Person N • Damage to Fixed or Movable Objects • Contractual Liability with Respect to this Contract The minimum limits acceptable shall be: 0 • $500,000 Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. 7.5.3 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 Tco - for increased limits of insurance for subcontractors. i 7.5.4 The CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. Article 8. Termination. Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen days' (15) notice to the CONTRACTOR. Article 9. Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained 12 of 23 Packet Pg. 2462 K.11.b for a period of 7-years from the termination of this Contract or for a period of 3 years from the date of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. Each party to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other y party to this Contract for public records purposes 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 CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Article 10. Public Access and Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Florida Constitution. The COUNTY and 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 y 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 LU 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 Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: (1) Keep and maintain public records that would be required by the COUNTY to co co CD perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this 0 chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the 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 13 of 23 Packet Pg. 2463 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 y 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. (5) 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. LU 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 public records Contract provisions in accordance with the Contract, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. X 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 co BRADLEY-BRIAN(a-MONROECOUNTY-FL.GOV, MONROE CNI COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 0 Article 11.1.0 Miscellaneous 11.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its obligations under this Contract, except in writing and with the prior 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 14 of 23 Packet Pg. 2464 K.11.b legal representatives to the other and to the successors, assigns and legal representatives of such other party. 11.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any y relationship, contractual or otherwise, with or any rights in favor of, any third party. 11.1.3 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 LU Contract after five (5) days' written notification to the CONTRACTOR. (B)The COUNTY may cancel this Contract without cause by giving the CONTRACTOR sixty (60) days' written notice of its intention to do so. 11.1.4 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 y 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 LU 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 0 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 co co competitive procurement activities. CD 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 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. 11.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall 15 of 23 Packet Pg. 2465 K.11.b be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Contract; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 11.1.6 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 LU 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 N 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 0 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, co T- sexual orientation, gender identity or expression, familial status or age; 11) AnyCD other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Contract. 0 11.1.7 Code of Ethics. 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. 11.1.8 No Solicitation/Payment. The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, 16 of 23 Packet Pg. 2466 K.11.b 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 y 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. 11.1.9 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The LU CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former COUNTY officer or employee. 11.2.0 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. 11.2.1 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 11.2.2 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 co co CD CFR 60-1.4(b). 11.2.3 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 0 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. 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 17 of 23 Packet Pg. 2467 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 y 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. 11.2.4 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 y 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. 11.2.5 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 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 co co Government Grants, Contracts and Cooperative Agreements," and any implementingCD regulations issued by the awarding agency. 11.2.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution 0 Control Act (33 U.S.C. 1251-1387, as Amended). Contracts and subgrants of amounts in excess of$150,000 must 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 11.2.7 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 18 of 23 Packet Pg. 2468 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 y regulatory authority other than Executive Order 12549. 11.2.8 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. 11.2.9 Procurement of recovered materials as set forth in 2 CFR § 200.322. 11.3.0 Other Federal Requirements. X LU 11.3.1 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant o thereto. 11.3.2 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 co co performance of this Contract. In this regard, all recipients and contractors shall take allCD 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 0 discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Contract. 11.3.3 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. 19 of 23 Packet Pg. 2469 K.11.b 11.3.4 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; U and ' • Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and U) • Codified rules for administration of the EWP program are set forth in 7 CFR 624. Article 12. 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 13. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Contract within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Article 14. 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, 3: nor shall it be construed as, authorizing the delegation of the constitutional or statutoryco duties of the COUNTY, except to the extent permitted by the Florida Constitution, state C41 statute, and case law. Article 15. No Personal Liability. No covenant or agreement contained herein shall be r0 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 16. 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 20 of 23 Packet Pg.2470 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. y Article 17. 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 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Contract shall not be subject to arbitration. 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 18. 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 N 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. 0 Article 19. 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. 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. co Article 20. 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 21. 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 21 of 23 Packet Pg. 2471 K.11.b 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. U Article 22. Authority. Each party represents and warrants to the other that the U) execution, delivery and performance of this Contract have been duly authorized by all necessary County and corporate action, as required by law. Article 23. 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 24. 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 U 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 25. 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 26. Execution in Counterparts. This Contract may be executed in any number 00 W 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 U' execute this Contract by signing any such counterpart. Whereof, the parties have executed this Contract as indicated below. _ G BOARD OF COUNTY COMMISSIONERS CLERK MONROE COUNTY s) a:: P David Rice, Mayor 22 of 23 MONROE COUNTY ATTORNEY OVED A TO FORM u ._UJ _lG� Packet Pg.2472 K.11.b! By: By: Wines (Signa r ) \r By. / c:� r- 7� Print name and title: C�10-41-�V XL"CQ.� Witness (Print Name) reS►'� � By: On behalf of: Underwater Engineering Wi ss ( ignature) Services, Inc. By: Witness (Print Name) STATE OF 0 COUNTY OF The foregoing instrument w —ackn�oYvled ed and attested before me this��day of 2018, by� P y Qa_nC--P- , who is personally known to me or Tap"rnd o ced as proof of identification did take an oath.. o•P"`°�e;;,, TINA M.PETEDFlorida llotary Public-StatMy Comm.Expires NCommission # FF 00 00 ota Public Seal U Print Name U 23 of 23 Packet Pg.2473 •� K.11.b ACORO® 77/10/2018 (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT PG Genatt Group LLC PHONE KARL HUCKE FAX A/c No Ext:516-869-8788 AlC No):1-516-706-2973 2 3333 NEW HYDE PARK RD E-MAIL SUITE 409 ADDRESS: khucke@genattgrp.com NEW HYDE PARK NY 11042 INSURERS AFFORDING COVERAGE NAIC n CD INSURER A:Great American Insurance Com a (Underwater Engineering Services, Inc.NSURED INSURER B:Commerce&Industry Insurance 19410 3306 Enterprise Road INSURER C:Endurance American Insurance C Suite 203 INSURER D:New York Marine&General Insu Fort Pierce FL 34982 INSURERE:UNITED STATES FIRE INSURANCE C 21113 LU INSURER F: a) COVERAGES CERTIFICATE NUMBER:749439821 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1�7R TYPE OF INSURANCE IN D SWVD POLICY NUMBER MM/DDYIYYYY M EFF M/DD/YYXYY LIMITS ¢ A X COMMERCIAL GENERAL LIABILITY OMHO916785 2/28/2018 2/28/2019 EACH OCCURRENCE $1.000,000 CLAIMS-MADE r_x1 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 O X Contractual Liab ZRO JR1RG T MED EXP(Any one person) $5,000 BY 11 PERSONAL&ADV INJURY $1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: `IO�'ro✓�' GENERAL AGGREGATE $2,000,000 POLICY PRO ❑ LOC DA PRODUCTS-COMP/OP AGG $2,000,000 ¢X JECT U OTHER: W $ E AUTOMOBILE LIABILITY 1337433372 228I2018 2282019 COMED SINGLE LIMIT $1,000,000 Ea acBcidentIN O X ANY AUTO BODILY INJURY(Per person) $ (J ALL OWNED SCHEDULED ) $i P BODILY INJURY(Per accident)AUTOS AUTOS ( W NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident, ccident $ X $1,000 COMP X $1,000 COLL $ D X UMBRELLA LIAB X OCCUR ML201800001988 2/28/2018 2/28/2019 EACH OCCURRENCE $4,000,000 C OMX10004639804 2/28/2018 228/2019 tD EXCESS LIAR CLAIMS-MADE AGGREGATE $4,000,000 DED I X I RETENTION$15 no,, $ cu B WORKERS COMPENSATION WC1615975 2/282018 228/2019 PER OTH- AND EMPLOYERS'LIABILITY y/N X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? A E.L.EACH ACCIDENT $1,000,000 W N/ 00 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1.000,000 r" If yes,describe under CD DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000.000 C44 I B Maritime WC1615975 2282018 2282019 Limit $1,000,000 0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) (J (F)HULL POLLUTION-GREAT AMERICAN INS.CO.POLICY#OMH3491629 02/28/18-2/28/19$5,000,000 LIMIT (G)P&I/HULL LIABILITY-GREAT AMERICAN INS.CO.POLICY#OMH8915912 02/28/18-2/28/19$1,000,000 LIMIT US LONGSHORE&HARBOR WORKERS ACT COVERAGE IS PROVIDED UNDER FORM NUMBER WC000106A (H)INLAND MARINE-AGCS MARINE INSURANCE COMPANY POLICY#MX193048261 02/28/18-2/28/19$600,000 FOR LEASED/RENTED EQUIPMENT $1,000 DEDUCTIBLE (1)PROFESSIONAL LIABILITY,POLICY#PUND000418,CARRIER:LLYODS OF LONDON,TERM:02/28/18-2/28/19$1,000,000 EACH CLAIM,$1.000,000 AGGREGATE ¢- See Attached... CERTIFICATE HOLDER CANCELLATION 30 day notice applies SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County 2798 Overseas Highway, Suite 400 AUTHORIZED REPRESENTATIVE Marathon, FL 33050 U ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 2474 AGENCY CUSTOMER ID: LOC#: AC40RV® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED PG Genatt Group LLC Underwater Engineering Services,Inc. 3306 Enterprise Road POLICY NUMBER Suite 203 Fort Pierce FL 34982 CARRIER NAIC CODE � EFFECTIVE DATE: 'U ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE:Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County Additional Insured Status Encompasses General Liability,Automobile&Umbrella Coverage as required by written contract.Waiver of Subrogation Status Encompasses General Liability,Automobile,Umbrella and Workers Compensation Coverage as required by written contract.Monroe County is included as additional insured as required by written contract. 0 N x 0 CJ r (v I 0 tJ ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserve(,. The ACORD name and logo are registered marks of ACORD Packet Pg. 2475 K.11.c ACORJ� DATE(MMIDONYYY CERTIFICATE OF LIABILITY INSURANCE 2/2612021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy()es)must have ADDITIONAL INSURED provisions or be endorsel If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement o this certificate does not confer rights to the certificate holder in lieu of such endorsements. N PRODUCER CONTACTNAME: JEFF KOZARSKY UU PG Genatt Group LLC PHONE 516 869-$7g8 aC No);1-516-706-2973 3333 NEW HYDE PARK RD IAI E.Mg1L SUITE 409 • JKOZARSKY GENATTGRP.COM NEW HYDE PARK NY 11042 INSURERS AFFORDING COVERAGE NAIC# M INSURER A:Great American Insurance Company 16691 INSURED INSURERS:Commerce&Industry Insurance Company 19410 Underwater Engineering Services,Inc. 3306 Enterprise Road INSURER C:Endurance American Insurance Company 10641 Suite 203 INSURER D:New York Marine&General Insurance Company 16608 Fort Pierce FL 34982 U INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER:1805298168 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO O INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR AD TYPEOFINSURANCE LS BR LTR pOLICYNUMBER M POLICY EFF M��YEXP LIMITS A X COMMERCIAL GENERAL LIABILrfY OMH8915785 2/2812021 2/28/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE i X OCCUR PREMISES Ea occurrence $100,000 O X Approved Risk Management wit i Attachmen s y Cordradual Uab MED EXP(Any one person) $5,000 L-- PERSONAL&ADV INJURY $1,0D0;000 x GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2.000.000 UJ POLICY�X..1 JEC7 ...re.-i LOC 4-29-2021 PRODUCTS-COMPIOP AGG S2,000,000 L) OTHER: $ A AUTOMOBILE LIABILITY CAP3035751 212812021 2/28Q022 Ea aoaNEeD LS NGLE LIMIT $1,000.000 O X ANY AUTO BODILY INJURY(Per persoe.: $ i OWNED SCHEDULED BODILY INJURY(Per accidsrt; $ AUTOS ONLYMx AUTOS X HIRED NON-OWNED PROPERTY OAMAGE S i AUTOS ONLYAUTOS ONLY Per acddenl M X $1.000 COMP $1.000 COLL $ C X UMBRELLALIAB N ML2021MEE00205 2120/2021 2128/2022 EACH OCCURRENCE $4 OCCUR OMX10004639807 2120/2021 =RM022 ,000,000 M EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DEB I X I RETENTION$I, nna $ B WORKERS COMPENSATION WC33464099 2126/2021 2/284022 X SPER TATUTE ERH AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNERIEXECUTIVE N NIA E.L.EACH ACCIDENT $1.000,000 OFFICEMMEMBER EXC LUDEDT (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1.000000 Mn If yes,describe under DESCRIPTION OF OPERATIONSbelmv E.L.DISEASE-POLICY LIMIT $1.000,000 9 Madrms End!I Jones Act WC33464099 2/28/2021 2/2812022 Um& $1,0001000 O 9 O DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached I mom space is mqulred) CL (F)HULL POLLUTION-GREAT AMERICAN INS.CO.POLICY#OMH3491629 02/2t3121-2/28/22$5,000,000 LIMIT C (G)P&IIHULL LIABILITY-GREAT AMERICAN INS.CO.POLICY#OMH8915912 02/28/21-2/28/22$1.000,000 LIMIT M) US LONGSHORE&HARBOR WORKERS ACT COVERAGE IS PROVIDED UNDER FORM NUMBER WC000106A — EH)INLAENT 3100E DEDUCTCL LTY INSURANCE CEMENT COSTANY POLICY#UM00083574MA21A 02/28121-2128122$600.000 FOR LEASED/RENTED AGG EGATEIONAL LIABILITY,POLICY#PUNDE000421,CARRIER:LLYODS OF LONDON,TERM:02128121-2/28/22$1,000,000 EACH CLAIM,$1,000.0C O See Attached... CERTIFICATE HOLDER CANCELLATION 30 day notice applies M r r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 2798 Overseas Highway„Suite 400 Aufw;— TNHRIMarathon, FL3305E ZEREPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserve ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg.2476 K.11.c AGENCY CUSTOMER ID: _ LOC#: A` R 0® ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED PG Genatt Group LLC Underwater Engineering Services,Inc. 3306 Enterprise Road POLICYNUMBER Suite 203 Fort Pierce FL 34982 N CARRIER NAIC CODE gU EFFECTIVE DATE' aL U ADDITIONAL REMARKS as THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE:Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County BOCC Additional Insured Status Encompasses General Liability,Automobile&Umbrella Coverage as required by written contract.Waiver of Subrogation Status Encompasses General Liability,Automobile,Umbrella and Worker Compensation Coverage as required by written contract.Monroe County is included as additional insured as required by written contract. r M r 0 .y r K LU r U r 0 U M M r M N 9 0 a a M I U r 0 E is 0 r r Q ACORD 101(2008101) 2008 ACORD CORPORATION. All rights resery The ACORD name and logo are registered marks of ACORD Packet Pg.2477