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12/08/2021 Agreement
a();<'7"'A Kevin Madok, CPA ...:..• F Clerk of the Circuit Court&Comptroller—Monroe County, Florida '�eco� DATE: December 15, 2021 TO: Celia Hitchins, Sr. Administrator Marine Resources FROM: Pamela G. Hanco .C. SUBJECT: December 8'BOCC Meeting Attached is an electronic copy of the following item for your handling: D2 Contract with Adventure Environmental, Inc., for Marine Debris Removal Services along shorelines and nearshore waters affected by Hurricane Irma, in the amount of$518,400.00; funding is provided through a no-match grant with Florida Fish and Wildlife Conservation Commission; and granted authorization to waive bidding(competitive solicitation) requirements due to an emergency spending deadline of January 30, 2022. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead 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 305-852-7145 CONTRACT BETWEEN MONROE COUNTY, FLORIDA and ADVENTURE ENVIRONMENTAL INC. for POST-IRMA MARINE DEBRIS REMOVAL SERVICES THIS AGREEMENT is made and entered into this 8th day of December 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. 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. Additionally, FWC contracted with Monroe County in mid-2021 to remove marine debris in sensitive mangrove habitats (see agreement FWC-20059). The project resulted in an total of 494 cubic yards of fishing and non-fishing gear debris (fishing gear 349 cubic years and non-fishing gear 145 cubic yards), weighing approximately 31 tons, removed from shoreline and nearshore habitats. 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. 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$518,400.00 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. 1 WHEREAS, it has been determined that it is in the best interest of the residents of the County that a contract for post-Irma marine debris removal services (hereinafter "Service" /"service") be entered into with a private provider of such service(s); and WHEREAS, the Contractor specified herein desires to provide such service(s); and NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties have entered into this Agreement (hereinafter "Agreement" or "Contract") as follows: Article 1.1.0 Representations and Warranties and Term of Contract By executing this Contract, the CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits, or other authorizations necessary to act as CONTRACTOR for the COUNTY until the CONTRACTOR'S duties hereunder have been fully satisfied. 1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a manner that they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as part of this Contract will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to his performance and with regard to those directly under his employ or authority. 1.1.4 The CONTRACTOR's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of Tasks expressly assigned by the COUNTY. In providing all services pursuant to this Contract, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Contract and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent contractor and is not an employee of the COUNTY. No statement contained in this Contract shall be construed so as to find the CONTRACTOR or any of his/her employees, subcontractors, servants, or agents to be employees of the COUNTY. As an independent CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, 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 December 8, 2021, and end on January 30, 2022, unless terminated earlier under the terms of the Contract. However, the Agreement is contingent upon funding to the County by the Florida Fish and 2 Wildlife Conservation Commission (FWC) and/or other sources. If the applicable FWC funding agreement is cancelled or becomes insufficiently funded, this Agreement is also void, unless the parties amend it in the same manner as it was originally approved. Article 2.0 Scope of Work. The CONTRACTOR shall do, perform, and carry out in a professional and proper manner the Scope of Work described below. A detailed Scope of Work is attached as Exhibit "A." The CONTRACTOR shall be the provider of post-Irma marine debris removal services for the County in the service area(s) specified in the attached Scope of Work and shall also coordinate with the County and with the FWC on providing and ensuring project compliance within the County. 2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR. Article 3.0 Amount of Compensation and Availability of Funds. 3.1 The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out the objectives of the County as to providing post-Irma marine debris removal services, shall pay to the CONTRACTOR up to the sum of Five Hundred Eighteen Thousand Four Hundred DOLLARS and Zero Cents ($518,400.00) 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 = 8 = $ 64,800/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 3 Task #2 in the Scope of Work. per unit rate of$8,100/ day/crew. Conditions for payment are as follows: At the end of each month, the CONTRACTOR shall provide an invoice acceptable to the Monroe County Clerk of Court (hereinafter the "Clerk"), along with documentation of service(s) as described in the attached incorporated Scope of Services. Monthly invoicing shall be based on the Fee Schedule in Section 3.1 above. Consulting, lobbying, travel and lodging are specifically excluded from payment. Payment shall be made only for services provided and there are no reimbursable items. CONTRACTOR's final invoice must be received no later than January 30, 2022. 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. 4 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's 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. 5 6.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material) until satisfactory evidence of the insurance required by this Contract has been furnished to the County as specified herein, and, when requested by the County and/or where otherwise applicable, the CONTRACTOR shall provide proof of insurance for all approved subcontractors. 6.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the COUNTY. Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: Insurance Requirement Required Limits Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Recognizing that the work governed by this Agreement involves Maritime Operations, 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. 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 6 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. 7 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 8 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. 9 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 10 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. (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 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. 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 12 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. 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 87th 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 14 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. 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. 7401-7671 q.) 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 g,- Ai one and the same instrument and any of the parties hereto may execute this Contract by ,*'t ig,,ningl `i uch counterpart. it On Iv s ereof, the parties have executed this Contract as indicated below. V1 0�--2 _ ` BOARD OF COUNTY COMMISSIONERS OF .o * 'K, CLERK/ MONROE OUNT , FLORIDA q�. As Deputy Clerk Mayor David • By: _4.1 dill. c h )ac'vSSO i" • r Signature: o►ulwi,,� OF o. 1 (•: iiii me) egory To`E,�i�►I4'0RO/�/J��/,ode.,. B1 Onbehal ( : Q••••�POR Ni,S ss No. 1 (Signature) Adv ntu iro`nrt 0 = z • _ — By: r €((� `] V u 7p 9i ' Witnes No. 2 (Prin Name) MONROE CO ATTORNEY .G<y ... ,�.• 4% By: � APP TO FORM ,��F LOR1OP� � Wi ess (Signature) .-7. STATE OF �'i oV I ad-a-- PIE R MORRIS r ASSISTANT COUNTY ATTORNEY 1 Date: 11/23/21 '-a_�, q COUNTY OF M n�a-e— ;._.,.1 �m-) -: Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence bf.- onlint..� -� notarization, on I\lOV�venbcr aq, aaa i e) -0 by C, r .. ov't t -T'oltpt ir% (name of affiant). He/She is persen011y knoWrT to me or has produced' —ltype of idenN--rification) asa identification. r. :I "' `.. 6;-16. 11i ARY PUBLIC� I� My Commission Expires: � ✓ L°j , aDa-3 25 , 7.7a KELLY J GRACIE t f = Notary Public-State of Florida 4 ' 4,(s Commission#GG 303588 oo r.$ My Comm.Expires Feb 19,2023 1 Bonded through National Notary Assn. 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. 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. Additionally, FWC contracted with Monroe County in mid-2021 to remove marine debris in sensitive mangrove habitats (see agreement FWC-20059). The project resulted in a total of 494 cubic yards of fishing and non- fishing gear debris (fishing gear 349 cubic years and non-fishing gear 145 cubic yards), weighing approximately 31 tons, removed from shoreline and nearshore habitats. 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. 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 $518,400.00 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 providing preliminary assessments of existing debris within the focus area of the project that were completed during previous cleanup 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 certified disposal facilities for final disposal. 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. 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. 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. Trap(Removal Locabons 4 of Traps Removal 1 16 ` Pg lwsr 10 S44 III`Wid�;4l 17-4B Mar tram[Jun 2018 -- 47-93' a s 17 17 377 na Observed in Oh•erflighls am t r 10 sij rnile grid eeH t 76-174 24] V4 :245 240 : 240 I f I. 171-Mas 2V n$ ,(+�,.2af 23A na 22N a ; Ul 339-750 ,.I1.20 2i 8 m 2'¢l P`Yd nn a4.3�.,33s 22 I., 'Ig0 iH3 'O iV'4' 'y,MS ,2092Gp- Zug � JY 21p Alt l#4'15fi [i, p� n54 j,+, 189 PA^K 7 lYT ,r ® 142 1V 144 145 W W Y49"0 15 fi 1 2 six g$ N�141 9p2 i�i �104 i4F i I¢T 111 792 113 k (�g 'I } '„$Qy t 71 12 7:5 ¢x f'S 3G t+ ro "g�SC $! 02 B6 67 9ll &! 52 SA M.59 5M 57 R 5@ 6_0 59 a y 35 30 aT 9A 'SD 40 4I QI Ise 4d f Ifgf{fi4�i � � W_1 5 i7 f'18 19 "1 @i 2'3 `w+543�312 {26 2E 2& 2 a m .�y 'k 1, t tu..21 _ 15 tr f;Crk lk ixQ Oilee 317 , t Q + 0 40 M} .Avow °i)� [l..".n F:44A,Nari4 n�s„e-c�iEr���`':6if - Focus Area The focus area used for previous debris cleanup activities (see FWC-20059 grant agreement) was from the island of Marathon Key in the Middle Keys to Sugarloaf Key in the Lower Keys. This area was chosen based on data and research from Monroe County, FWC, and NOAA. The area was broken down by numbered grid cells to satisfy tasks and deliverables outlined in previous cleanup activities. Cells that were not cleaned in previous work will be targeted with this project. Those cells are 2, 11, and 13 (highlighted red in the below map). These three cells have been surveyed for the level of debris density present. Cells 2 and 13 have been categorized as "High" amounts of debris, whereas cell 11 is categorized as "Medium." 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. Focus Area Man 811851011i'4 81°80'0"W 81°25'0"W 81°20'0"'W 81°iS'0"W 81°10'9"W p 1 3 4 n ui�ttsi h�� 6 WE i 1 i r tf � a� a 81°&S'0"W 87°1017"W 81°2S`0"W 81°20'0"W 81°75'0"W 81°10'0'W 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. Re_ug latory 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 • Subtask A - The Contractor shall provide Preliminary Debris Assessments of the following Debris Sites: Grid 2, Site 1 (Water Key); Grid 11, Site 1 (Sugarloaf Key); and Grid 13, Site 1 (Big Pine Key). The Contractor shall provide 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). ➢ Deliverable — The Contractor shall provide Preliminary Debris Assessments of these Debris Sites to Monroe County along with the Deliverables under Task 1, Subtask B. All Preliminary Debris Assessments shall be submitted to Monroe County no later than December 22, 2021. • Subtask B - The Contractor shall complete Work Authorization Request Forms for these Debris Sites for cleanup activities. Documentation shall include all data collected during the Preliminary Debris Assessment, a request to perform work at the 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 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. Monroe County will provide technical assistance regarding this element of the project. ➢ Deliverable—The Contractor shall provide Work Authorization Request Forms for the 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 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 January 24, 2022. 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 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. All cleanup activities shall be completed no later than January 30, 2022. *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 January 30, 2022. • 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 January 30, 2022. • 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 January 30, 2022. • 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 January 30, 2022. • 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 January 30, 2022. Task #3 —Debris Disposal • Subtask A - The Contractor shall perform transport of all debris to a final disposal facility. 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 January 30, 2022. • 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 January 30, 2022. • 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 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 January 30, 2022. 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 4 of crews = 8 = $ 64,800/ 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. ATTACHMENT A Certification Regarding Debarment or Suspension In compliance with Agreements and grants agreements applicable under the U.S. Federal Awards Program, the following certification is required by all Proposers submitting a proposal in response to this Request for Proposal: 1. The Proposer certifies, to the best of its knowledge and belief, that neither the Proposer nor its Principals are suspended, debarred, proposed for debarment, or declared ineligible for the award of Agreements from the United States federal government procurement or non-procurement programs, or are listed in the Excluded Parties List System in the System for Award Management (SAM) issued by the General Services Administration. 2. Principals, for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions). 3. The Proposer shall provide immediate written notice to the MCBOCC Director of Purchasing if, at any time prior to award, the Proposer learns that this certification was erroneous when submitted or has become erroneous by reason of other circumstances. 4. This certification is a material representation of fact upon which reliance will be placed when making the award. If it is later determined that the Proposer rendered an erroneous certification, in addition to other remedies available to MCBOCC's Director of Purchasing may terminate the Agreement resulting from this solicitation for default. Printed Name of R sentative: Gregory Tolpin Signature/Date: 01/04/2021 Company Name: AdverItUre Environmental, Inc Address: 160 Georgia Avenue City/State/Zip: Tavernier., FL 33070 SSN or EIN No: 65-0768539 24 17 ATTACHMENT B Condition of Submitting Proposal The undersigned Proposer has carefully examined all instructions, requirements, specifications, terms, and conditions of the RFP and Agreement and certifies.- 1. It is a reputable company regularly engaged in providing goods and/or services necessary to meet the requirements, specifications, terms, and conditions of the RFP and Agreement. 2. It has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the requirements, specifications, terms, and conditions of the RFP and the Agreement. Further, if awarded, Proposer agrees to perform the requirements, specifications, terms, and conditions of the RFP and Agreement. 3. All statements, information, and representations prepared and submitted in response to the RFP are current, complete, true, and accurate. Proposer acknowledges that Monroe County Board of County Commissioners' (MCBOCC) will rely on such statements, information, and representations in selecting the successful proposer(s). 4. That the prices quoted shall be MCBOCC's pricing for the product and/or services for the time stated in the RFP. 5. It shall be bound by all statements, representations, warranties, and guarantees made in its Proposal. 6. Proposer acknowledges that the Agreement may be canceled at any time, if any conflict of interest or appearance of a conflict of interest is discovered by MCBOCC, in its sole discretion. 7. All purchase orders must be duly authorized and executed by MCBOCC and subject to the terms and condition of the RFP and Agreement. E] By checking this box, Proposer agrees that MCBOCC reserves the right to extend the terms, conditions, and prices of this Agreement to other Institutions (such as State, Local and/or Public MCBOCC) who express an interest in participating in any Agreement that results from this RFP. Each of the piggyback institutions will issue their own purchasing documents for the goods/ services. Proposer agrees that MCBOCC shall bear no responsibility or liability for any agreements between Proposer and the other Institution(s) who desire to exercise this option. VENDOR LEGAL NAME: Adventure Environmental, Inc AUTHORIZED SIGNATURE: DATE: 011/04/2021 PRINT NAME: TITLE: GregoryTolplin' Vice President. ADDRESS- 160 Georgia Avenue CITY, STATE, ZIP-.Tavernier, FL 33070 PHONE: (305) 321-5669 EMAIL: Greg@4AELcorn 25 18 LOBBYING AND CONFLICT OF ATTACHMENT C SWORN STATEMENT UNDER ORDINANCE NO. - MONROE COUNTY, 1990 ETHICS CLAUSE ADVENTUREENVIRONMENTAL, i C „ (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration p ' to tl~wfo -�ounty officer or employee." rr j (Sighatur, ) Date: 01/04/2021 STATE OF: COUNTYOF: Subscribed and sworn to (or affirmed) before me, by means of N physical presence or ❑ online notarization, on . l (date) by aret' (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. O AY �e k`, �KELLYJGRAUE y Commission Expires: V Notary Public•State of FtoridA (� <=' Commission#GG 303589 `f„p y Comm.Expires Feb 19,2D23 Bonded through National Notary Assn. 26 19 ATTACHMENT D NON-COLLUSION AFFIDAVIT 1, Gregory Tolpin of the city of Tavernier according to law on my oath, and under penalty of perjury, depose and say that: I am Vice President of the firm of Adventure Environmental, Inc the respondent making the Proposal for the project described in the Notice for Calling for bids for:Post-Hurricane Irma Shoreline and Nearshore debris R--nQvai in Florid a Keys and that I executed the said proposal with full authority to do so: The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other respondent or with any competitor; Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent prior to bid opening, directly or indirectly, to any other respondent or to any competitor; and No attempt has been made or will be made b the respondent to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County r -up,pn the truth of the statements contained in this affidavit in awarding Agrk ment's f r said project. 01/04/2021 (Siqrliat . e of,k6spondent) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, VC-qDnA folply% who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space nrovid�d above on this "day of as 20dN NOTARY PgB6t My Commission Expires: gL��n4 Ax KELLY J GRACIE �61-, Notary Public-State of Florida Commission a GG 303588 My Comm,Expires Feb 19,2023 Bonded through National Notary Assn. RM 27 20 ATTACHMENT E DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Adventure Environmental, Inc (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the stalemeat, I certify that this firm complies fully with the above requirements. STATE OF \(Signature of Respondent) COUNTY OF 1mvVinc, Ll LA�- D.-Ae PERSONALLY APPEARED BEFORE ME, the undersigned authority, Gv---q 0!21 :To—(,a I n who, after first being sworn by me, (name of individual signing) affixed his/ r sigjature in the space provided above on this kryk day of -�1 ak%LA 20.11. A I My commission expires: NOTARY PUBLIC 28 KELLY J GRAGE 4�v` Notary Pubtir-state of Florida Conimissior,#GG 303588 My Comm.Expires Feb 19,2023 lo'nded through Nationat Notary Assn, 21 ATTACHMENT F PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Adventure Environmental, in .(Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. f h (Signature) ®at&-- January 4, 2021 STATE OF: 4:51c2rJo-, COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of RI physical presence or r7l online notarization, on To-n U-CV ea I (date) by 0 V-11 I o( 0) in (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. D )�b A RY PUBLIC KELLY J GRACIE Notary Public-State of Florida My Commission Expires: commission#GG 303588 My Comm,Expires Feb 19,202323 WIBUtided thtouth National Notary 29 22 Date CERTIFICATE OF LIABILITY INSURANCE 3/1/2021 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. InsurerB: Holiday, FL 34691 InsurerC: Insurer D: Insurer E: Coverages 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. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Date Limits LTR INSRD Type of Insurance Policy Number Date (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability A p p r o v E d R i S k M a n a g e m e n t Damage to rented premises(EA Claims Made ❑ Occur occurrence) WaA Med Exp General aggregate limit applies per: 3-2-2021 Personal Adv Injury General Aggregate Policy ❑Project ❑ LOC Products-Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodily Injury All Owned Autos (Per Person) Scheduled Autos Hired Autos Bodily Injury Non-Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2021 01/01/2022 X I WC Statu- OTH- Employers'Liability tory Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits 1 $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 80-65-323 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Adventure Environmental,Inc. Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working in:FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or email certificates@Iioninsurancecompany.com Project Name: INCLUDES USL&H.ISSUE 03-01-21 (KILT) Be in Date:3/15/2010 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to INSURANCE COMPLIANCE do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. P.O.BOX 100085-FX -- 3 DULUTH, GA 30096 .r - -", ADVEN-1 OP ID: GB '4coiRo. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �•� 10/12/2021 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 have ADDITIONAL INSURED provisions or 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 504-486-5411 CONTACT Accessible Marine Insurance Accessible Marine Insurance PHONE FAX 1145 Robert E Lee Blvd (A/C,No,Ext): 504�86-5411 (A/C,No):504-482-1475 New Orleans,LA 70124 E-MAIL Eric S.Green ADDRESS:gail@ami-ins.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Capitol Specialty Ins. Company INSURED INSURER B:Great American Ins.Company 22136 Adventure Environmental Inc. GregStarNet Insurance Company40045 160 Tolpin INSURER eorgia Avenue Tavernier,FL 33070 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MWDD/YYYY MWDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE Xrl OCCUR EV20190209-03 01/09/2021 01/09/2022 DAMAGE TO RENTED 50,000 X PREMISES Ea occurrence $ Approved Risk Management wth attachm ants MED EXP(Any oneperson) $ 5,000 // PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY El PRO-JJECT1:1 LOC 11-11-2021 PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C M.E.L. BOOM-A-21-2110 08/15/2021 08/15/2022 M.E.L. 1,000,000 B Hull/P&I Liability OMH841008-10 10/12/2021 10/12/2022 P&I Limit 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County and Florida Department of Environmental Protection,3900 Commonwealth Blvd.Tallahassee, FL 32399 shown as additional insured as respects liabilities hereunder. CERTIFICATE HOLDER CANCELLATION MONRO05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance P. O. Box 100085-FX AUTHORIZED REPRESENTATIVE Duluth,GA 30096 _/y „ 11�9/� ACORD 25(2016/03) ©1988°-'20�15'ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Adventure Environmental Inc. ADVEN-1 PAGE 2 NOTEPAD INSURED'S NAME OP ID: GB Date 10/12/2021 Contractors Pollution Liability: Insurer: Rockhill Insurance Company Policy#: EV20190209-03 Policy Period: 01/09/21 - 01/09/2022 Claims Made Aggregate Limit: 2,000,000 Each Contractors Pollution Condition Limit: 2,000,000 Blanket Additional Insured/ Waiver of Subrogation Professional Liability: Insurer: Rockhill Insurance Company Policy#: EV20190209-03 Policy Period: 01/09/21 - 01/09/2022 Aggregate Limit: 2,000,000 Each Professional Services Incident Limit: 2,000,000 Commercial General Liability Conditions: Deductible Liability Endorsement Exclusion - Testing or Consulting Errors and Omissions Total Pollution Exclusion Endorsement Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Exclusion-Violation of Statutes that Govern Emails, Fax, Phone Calls or Other Methods of Sending Exclusion - Punitive or Exemplary Damages Amended Waiver of Subrogation Exclusion - Engineers, Architects or Surveyors Exclusion - Exterior Insulation and Finish Systems Exclusion - Professional Services Primary/Non-Contributory Coverage-Blanket - When req. by written contract Additional Insured - Managers or Lessors of Premises Toxic Drywall Exclusion Separation of Insureds Independent and/or Subcontractor Restriction Contractors Pollution Liability (Claims-Made) Conditions: Additional Insured - Owners, Lessees or Contractors (Broad Wording) Amended Waiver of Subrogation Toxic Drywall Exclusion Professional Liability Conditions: War or Terrorism Exclusion Additional Insured - Owners, Lessees or Contractors Hull & Machinery / Protection & Indemnity: Terms and Conditions applicable to All Sections: Severability Terms and Conditions applicable to Hull: A. I. Coastwise and Inland Hull Clauses Deliberage Damage (Pollution Hazard) Engines & Machinery - ACV / Limited Perils Only No Lay Up Warranty No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause Vessel Stability Additional Insured as respects P&I Adventure Environmental Inc. ADVEN-1 PAGE 3 NOTEPAD INSURED'S NAME OP ID: GB Date 10/12/2021 Terms and Conditions applicable to P&I: SP-38 Form Collision Clause including Tow & Extended Tower's Liability Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Liability Limitation No Release to Tower Warranty P&I Crew Exclusion: Notwithstanding anything contained in the Protection and Indemnity Clauses herein to the contrary, it is understood and agreed that this Company shall not be liable for any loss, expense or claim to employees of the Assured, members of the crew, contractors or subcontractors Punitive/Exemplary Damages Exclusion Special Operations Exclusion Contractor's Equipment: Policy No. : IMP 5305782-05 Policy Period: 01/26/2021 to 01/26/2022 - Owned Equipment $75,000 - Leased/Rented Equipment any one item limit $200,000 - Leased/Rented Equipment all items limit $400,000 M.E.L. -Maritime Employers Liability Coverage Form -Transportation, Wages, Maintenance & Cure -Notice of Cancellation: 30 days (except 10 days of nonpayment of premium) -Death on the High Seas Clause -In Rem Liability -Blanket Waiver of Subrogation This certificate of insurance neither affirmatively nor negatively alters, amends, or extends the coverage afforded by Policy(ies) issued by the Insurer(s) listed on this certificate. PROGRFfWYF® BUTLER BUCKLEY DEETS COWA&-RCIAL 6161 BLUE LAGOON#420 MIAMI, FL 33126 1-305-262-0086 Policy number: 03515746-7 Approved Risk Management Underwritten by: Progressive Express Ins Company Z_ June 3,2021 Page 1 of 2 6-7-2021 Certificate of Insurance Certificate Holder ................................................................................................................................................................................................... Additional Insured MONROE COUNTY BOCC, INSURANCE INSURANCE COMPLIANCE PO BOX 1 00085-FX DELUTH, GA 30096 Insured Agent/Surplus Lines Broker .................. ............................................................................................... ................................................................................ ADVENTURE ENVIRONMENTAL BUTLER BUCKLEY DEETS INC 6161 BLUE LAGOON #420 160 GEORGIA AVE MIAMI, FL 33126 TAVERNIER, FL 33070 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. ....:........................................................................................................................................................................ Policy Effective Date: Jun 11, 2021 Policy Expiration Date: Jun 11,2022 Insurance coverage(s) c o ve r a g e(s) Limits ................ ...................................................... '' . .'.'.'.'.'.'.'...'..''...' ' .. .. .. .. ....................... Bodily Injury Property Damage �l,000,OOO Combined Single Limit Uninsured. .' '' Motorist $I,0't............................................... ''' '0 0 SL Non- Stacked'k ' ................................................................. ............................ ................................................................................................................................................ Personal Injury Protection $10,000 w/Workers Coma-Named Insd&Relative . ........................................................................................................................................................................... Employer's Non-Owned Auto BIPD $1,000,000 Combined Single Limit ............................................................................................................................................................................. Hired Auto Bodily Injury/Property Damage $1,000,000 Combined Single Limit Description of LocationNehicies/Special Items Scheduled autos only ............................................................................................................................................................................. 2011 CHEVROLET SUBURBAN C1500/IGNSKKE31 BR382272 Comprehensive $1,000 Ded Collision $1,000 Ded ............................................................................................................................................................................. 2014 CHEVROLET SILVERADO C2500 1 GC1 CVCG7EF1 87484 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded ............................................................................................................................................................................. 2019 CHEVROLET SUBURBAN C1 500/1 GNSKJKJ6KR262447 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded Is cantimd Policy number: 03515746-7 Page 2 of 2 ............................................................................................................................................................................. 2020 CHEVROLET SILVERADO C2500 1 GC4YPEY7LF105587 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded ............................................................................................................................................................................. 2020 CHEVROLET SILVERADO C2500 1 GC4YPEYOLF154498 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded ............................................................................................................................................................................. 2002 KW T80 1 N KDLT9X1 2J894497 Medical Payments $5,000 ............................................................................................................................................................................. 2015 CHEVROLET SILVERADO C2500 1 GC2CUEG1 FZ541060 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded ............................................................................................................................................................................. 2017 CHEVROLET SILVERADO C2500 1 GC1 KUEGOHF207993 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded ............................................................................................................................................................................. 2018 CHEVROLET 2500 HD 1 GC1 KUEGXJF134539 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded ............................................................................................................................................................................. 2014 PTRB 388 1 NPWX4EX5ED226224 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded ............................................................................................................................................................................. 2006 INTL 740 1 HTWCAAN16J370901 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded ............................................................................................................................................................................. 2009 CHEVROLET SILVERADO C3500 1 GBJC74K99E105480 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded ............................................................................................................................................................................. 2019 CHEVROLET K2500 1 GC1 KTEYOKF112991 Medical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded Certificate number 15421A11746 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241(10102)