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Item O07 0.7 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting June 15, 2022 Agenda Item Number: 0.7 Agenda Item Summary #10605 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 N/A AGENDA ITEM WORDING: Approval to enter into a $1,280,509 contract with Adventure Environmental, Inc., the top ranked vendor for the construction of the Canal 25 backfill restoration project in Key Largo; funded by DEP Stewardship Grant LPA0249. ITEM BACKGROUND: This item is for approval to enter into a $1,280,509.00 contract with Adventure Environmental, Inc., the top ranked vendor for the restoration of canal 25 in Key Largo between Osprey Road and Sexton Cove Drive, using the backfill restoration technique. The RFP was issued on March 9, 2022. Proposals were opened on May 5 from three proposers. A public selection committee meeting was held on May 20 and the three proposals were ranked in the following order: Rank Vendor Price 1. Adventure Environmental, Inc. $1,280,509.00 2. Arbor Tree & Land, Inc. $1,255,972.50 3. Earth Tech Enterprises, Inc. $1,567,856.00 This canal is ranked 261h on the Canal Restoration Ranking List under the Canal Work Plan and the budget estimate was $1.6 Million. The project was selected out of rank order, as it does not require a weed gate, allowing for a quick completion of the project and timely expenditure of State Stewardship funds under Grant LPA0249. PREVIOUS RELEVANT BOCC ACTION: 12/08/21: Approval of revenue grant agreement 4LPA0249 with the Florida Department of Environmental Protection to approve the expenditure of$2,587,081 in Keys Stewardship funds towards Monroe County's canal restoration program;providing for an effective date. 12/08/21: Approval to enter into a $58,754 Task Order 412 for design,permitting and procurement Packet Pg. 2148 0.7 services for Canal 25 backfill restoration in Key Largo, under the on-call contract with Wood Environment and Infrastructure Solutions, Inc. for Category B canal infrastructure engineering services; funded by DEP FY21/22 Stewardship Grant LPA0249. 02/16/22: Approval to advertise a Request for Proposals (RFP) for the construction of Canal 25 for a backfill restoration in Key Largo; funded by DEP Stewardship Grant LPA0249. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Contract for Canal 425 Backfill - signed by vendor Exhibit A - Design Drawings - C25 C25 Bid Tabulation Sheet pdf(9) Meeting Minutes of Selection Committee C25 2022 05 COI Adventure Environmental signed exp 6 112022 FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: 120 calendar days Dollar Value: $1,280,509.00 Total Cost to County: $0 Budgeted: Grant funded Source of Funds: Stewardship Grant LPA0249 CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: N/A Grant: No County Match: N/A Insurance Required: Yes Additional Details: 06/15/22 001-06000 - GRANTS $1,280,509.00 REVIEWED BY: Rhonda Haag Completed 05/24/2022 3:12 PM Cynthia Hall Completed 05/24/2022 3:20 PM Purchasing Completed 05/24/2022 3:29 PM Budget and Finance Completed 05/25/2022 3:12 PM Brian Bradley Completed 05/27/2022 11:33 AM Lindsey Ballard Completed 05/31/2022 11:25 AM Board of County Commissioners Pending 06/15/2022 9:00 AM Packet Pg. 2149 0.7.a AGREEMENT Between MONROE COUNTY And ADVENTURE ENVIRONMENTAL, INC. For CANAL 25 BACKFILL IN KEY LARGO AGREEMENT Made as of the 15th day of June, 2022 c� BETWEEN the Owner: Monroe County Board of County Commissioners 1100 Simonton Street LO N The Gato Building, Room 2-205 U Key West, Florida 33040 0 And the Contractor: ADVENTURE ENVIRONMENTAL, INC. 160 Georgia Avenue Tavernier, Florida 33070 U) For the following Project: c� Backfill Restoration Water Quality Improvement Projects, Canal #25, Key Largo, LO Monroe County, Florida This Agreement represents one of the canal restoration demonstration projects approved by the Monroe County BOCC, whose public purpose is to improve the water U quality in Monroe County. 0 c� Scope of the Work 0 U 1. Project Overview The Scope of Work for Canal #25 (between Osprey Road and Sexton Cove Drive) located in Key Largo, Florida consists of backfilling. The backfilling activities are to be completed so that a natural benthic community can be established. This proven restoration technique was vetted during the demonstration projects and is anticipated to increase the water quality in the canal. 2. General Project Intent and Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but AGREEMENT 00500-Page 1 of 19 Packet Pg. 2150 0.7.a not be limited to that shown on the Drawings and detailed in the Technical Specifications if any included in this Contract. 3. General Requirements A. Construction work times shall be limited to: 8AM to 6PM Mon-Fri, excluding holidays. Saturdays may be added at the mutual consent of both parties. B. Contractor needs to be aware of weather and location and plan accordingly. C. Contractor must remain aware of the community residences and plan accordingly. Coordination of each day's works shall be done in advance with approval from WOOD/Engineer. ' c� D. The Scope of Work shall include, but not be limited to, all work shown and listed in LO the Project Drawings (Exhibit A). The Contractor is required to provide a complete U job as contemplated by the drawings and specifications, which are a part of this L_ proposal package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary > or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Exhibit B contains the unit price sheet. Monroe County has made all reasonable efforts to obtain the required permits for this project. If the Contractor is aware of another permit that is required, it is up to them to obtain it. LO SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope L_ of this Proposal Package. c� 1. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his U subcontractors. Contractor shall submit copies to WOOD prior to notice to proceed. Contractor's license shall accompany proposal. c� 2. Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. 3. If in the event of conflicting or overlapping requirements in any area of the proposal documents, technical specifications, or drawings, the most stringent condition shall be proposed and constructed. Notify Sustainability Manager in any event, in order to not compromise the Owner's right to make appropriate decisions. AGREEMENT 00500-Page 2 of 19 Packet Pg. 2151 0.7.a 4. Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of his work progression. 5. Contractor shall provide suitable storage container and be responsible for disposal off-site of all debris and trash. 6. The Contractor shall coordinate with Owner's representative on available hours for Job Site access. Job site will have limited 8AM-6PM work hours Mon-Friday excluding holidays. Contractor will need to schedule work shifts typically from 8AM-6PM weekly. Any change to the agreed upon schedule must be obtained in writing with a minimum of 72 hrs. advanced notice. 7. Coordination of each day's works shall be done in advance with approval from WOOD / Engineer ' c� LO N The Engineer is: WOOD Environment & Infrastructure Solutions, Inc. U Greg Corning 0 5845 NW 158t" Street Miami Lakes, Florida, 33014 > 314-920-8359 U) The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents LO N U The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, U Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either c0 written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. c� ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion AGREEMENT 00500-Page 3 of 19 Packet Pg. 2152 0.7.a 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall proceed with Work no later than seven calendar days after receipt of the Notice To Proceed. Failure to commence with Work within the 7-day time shall result in a $500.00 fine to the Contractor for each day that work does not commence for the first 15 days, $1,000/day for days 16-30 and $3,500 per day for days 31 and thereafter, as specified below. The Contractor shall accomplish Substantial Completion of the Combined Project within One Hundred and Twenty (120) calendar days from Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. The Owner shall be entitled to liquidated damages as shown below for all work that fails to meet the deadlines shown in the milestone schedule. Liquidated damages will be ' based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Sustainability Manager's signature of approval on LO the Certificate of Substantial Completion. The liquidated damages table below shall be �? utilized to determine the amount of liquidated damages. L- FIRST SECOND 31ST DAY & > CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day c� The Contractor's recovery of damages and sole remedy for any delay caused by LO the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum L- 0 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Million Two Hundred Eighty Thousand Five Hundred Nine /100 Dollars ($1,280,509.00) subject to additions and U deductions as provided in the Contract Documents. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Sustainability Program Manager, and upon approval for payment issued by the Sustainability Program Manager, and Engineer, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: AGREEMENT 00500-Page 4 of 19 Packet Pg. 2153 0.7.a 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes. Contractor shall submit to Owner invoices with supporting documentation acceptable to the Clerk, on a MONTHLY schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Owner's performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Sustainability Program Manager may require. This schedule, unless objected to by ' the Sustainability Program Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. LO U 5.5 Applications for Payment shall indicate the percentage of completion of each L- portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent 5%. Pending final determination of cost to the LO owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the L- change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Sustainability Program Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured based on net increase, if any, with U respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Sustainability Program Manager has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. AGREEMENT 00500-Page 5 of 19 Packet Pg. 2154 0.7.a 5.7 Retainage of 5% will be withheld in accordance with section 218.735 (8) (a), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Upon achieving fifty percent (50 %) completion of the Work, and when requested by the Engineer, the Owner may release half of the amount previously retained. Owner reserves the right, at its sole discretion, to further reduce the amounts retained on any subsequent monthly payment request prior to final payment. Provided, however, nothing in this Section shall preclude or limit the Owner's right to withhold payment as otherwise permitted by the terms of the Contract Documents or as permitted by law. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the LO Contractor except for the Contractor's responsibility to correct nonconforming Work as U provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other L- requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Sustainability Program Manager. Such final payment > shall be made by the Owner not more than 20 days after the issuance of the final approval for payment. The following documents (samples in section 1027) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims LO (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file L- (.PDF) format delivered on a downloadable CD/DVD or flash drive of all the following but not limited to- 0 A .Project Record Documents (As Built Documents). U B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals AGREEMENT 00500-Page 6 of 19 Packet Pg. 2155 0.7.a G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Article 34 of the General Conditions LO N U 7.4 Monroe County's performance and obligation to pay under this contract is L- contingent upon an annual appropriation by the Board of County Commissioners. 7.5 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 proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as 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 LO 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. U 7.6 The following items are included in this contract: L- 0 a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from U the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the County or 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 Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement 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 AGREEMENT 00500-Page 7 of 19 Packet Pg. 2156 O.7.a any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. c) Severability. If any term, covenant, condition or provision of this Agreement (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 Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement 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 Agreement would prevent the accomplishment of the original intent of this Agreement. LO The County and Contractor agree to reform the Agreement to replace any stricken �? provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) 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 Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non- prevailing party and shall include attorney's fees and courts costs in appellate proceedings. LO e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 0 f) Authority. Each party represents and warrants to the other that all necessary County and corporate action, as required by law have duly authorized the execution, delivery and performance of this Agreement. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this U agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State 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 Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. AGREEMENT 00500-Page 8 of 19 Packet Pg. 2157 0.7.a i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, 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 Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and Contractor 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 Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree 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 VII of the Civil Rights Act of 1964 (PL 88- LO 352), which prohibit discrimination in employment on the basis of race, color, religion, sex, U and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 L_ USC §§ 1681-16837 and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which > prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- LO 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 §§ 3601 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 §§ 12101), as amended from time to time, relating to L_ nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or U state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor 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 Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. AGREEMENT 00500-Page 9 of 19 Packet Pg. 2158 O.7.a m) No Solicitation/Payment. The County and Contractor 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 Agreement 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 Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement 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. n) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other N "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 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. LO The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor U is required to: (1) Keep and maintain public records that would be required by the County to perform the service. 0 (2) Upon receipt from the County's custodian of records, provide the County with U 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. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor AGREEMENT 00500-Page 10 of 19 Packet Pg. 2159 0.7.a 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. (5) A request to inspector 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. c� If the Contractor does not comply with the County's request for records, the County shall LO N enforce the public records contract provisions in accordance with the contract, U notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. 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. LO N IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE U CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY- 0 BRIANa_MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement 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. p) 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 AGREEMENT 00500-Page 11 of 19 Packet Pg. 2160 0.7.a employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement 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 Agreement 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. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- LO party claim or entitlement to or benefit of any service or program contemplated hereunder, U and the County and the Contractor agree that neither the County nor the Contractor or L_ 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 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. LO t) 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 Agreement or be subject to L_ any personal liability or accountability by reason of the execution of this Agreement. c� u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together U shall constitute the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its AGREEMENT 00500-Page 12 of 19 Packet Pg. 2161 0.7.a employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required ' insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of LO any deficiency or ambiguity in the plans and specifications provided by the 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 claim or action on the County's behalf. > w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. c� x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy LO of the County that DBE's, as defined in 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 agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree L_ to ensure that DBE's have the opportunity to participate in the performance of the Agreement. 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 DBE's have the opportunity to compete and perform contracts. The County, U Contractor, and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. c� y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project. AGREEMENT 00500-Page 13 of 19 Packet Pg. 2162 0.7.a ARTICLE 8 FEDERALLY REQUIRED CONTRACT PROVISIONS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract Provisions and 2 C.F.R., Appendix II to Part 200, as amended, including but not limited to: 8.1 Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387) as amended (for contracts and subgrants in excess of $150,000). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution ' Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of$150,000. LO U 8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where L- applicable, which includes all FEMA grant and cooperative agreement programs, 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 based on a standard workweek of forty (40) hours. Work in excess of the standard workweek 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 forty (40) hours in the workweek. The requirements of 40 U.S.C. §3704 are applicable to construction work and LO 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. L- 4- 8.3 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 performing U 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 during the Contract term. ARTICLE 9 Termination or Suspension 9.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 10 Enumeration of Contract Documents AGREEMENT 00500-Page 14 of 19 Packet Pg. 2163 0.7.a 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: Exhibit A b) Unit Price Sheet Exhibit B c) Exhibit C — Grant LPA0249 d) Project Manual 10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 10.1.2 The General Conditions are the General Conditions of the Contract for Construction. LO N U 10.1.3 The Supplementary and other Conditions of the Contract are those contained in L- the Project Manual. 10.1.4 The Addenda, if any, are as follows: Number Date Pages 2 1 03/16/22 1 2 04/15/22 1 3 04/26/22 3 LO 10.1.5 The Alternates, if any, are as follows: U Alternate No. 1: Not Applicable L- 4- This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor. Execution by the Contractor must be by a person with authority to bind the entity. U c� AGREEMENT 00500-Page 15 of 19 Packet Pg. 2164 SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman Date -6 (SEA ADVENTURE ENVIRONMENTAL INC. (SEA tt B By Att st: Ygn LO Pri ame: Pri N U Title: rlLc;i + Title: I c-c-, Pr-c d<vy-P 0 Date: 1,_Iq Date: I-( L-9D > And: U) By: Print Name: Title: J1__)iC__( Date: LO N STATE OF FLORIDA COUNTY OF U Subscribed and sworn to (or affirmed) before me, by means of 141'P'hysical presence or 0 0L_ 4— online notarization, on c9411- e-r Me�d (date) by (name of affiant). He/She is personally known to me" 0 or has produced (type of U identification) as ientifi Lion. E By: KELLY J GRACIE Florida 4 Notary Public-State of F .4arvubli& Notary u IiO Commission#GG 303588 OF MY Co comm.Expires Feb 19,2023 Print ame ed through National Notary Assn. N My commission expires- 19, 2P2,2, Sea Approved as to form and legal sufficiency Monroe County Attorney's Office 5-24-2022 g4 AGREEMENT 00500-Page 16 of 18 1 Packet Pg. 2165 Exhibit A Drawings LO CN u L- 0 U) LO CN u 0 u 0 u E Packet Pg. 2166 � w w 0�LIE �Ozpz z w8 = O a o �Jz~l V o _ JQ J O U OLL ¢ o z z z VI m 3 QwU0w s3 p o w u Y m of a '" °dV d z 8 0 o o y 0 3 a w � m = 5g w S`G --`n R G - Y a a�wW o� s�pa�U� 4x� sue^ o� z o - oa ZI _ Z O H O_ plz QAN p1°l 8��mi ') 1 1 '✓' ` f5� /err;/" l lz O Wrt tt �iiu�t1 � �r ti q W CDTT111T�Y1'11 'rl /Y/ ✓, w m$ x p Q C/) U J Q lIII" JI } ion ) � Y11T1 dal � d a.7�` a Z W Q Y W o�� 1l �3 L� Z r a ww� O lz L� CD O N O _ Z r/ r Q Z / / Zr 1 J T�r�l 11 z � r cifQ Z U J W n p� W Z ® //� /////// / �r // -t 00LLJ m a & - � s - � o a - - � g � WaRaVuo V w Y wo inOZpZ / ;� Z u W J Q J O F C , U 0� u p o O 3 w a �wa�a � F3 g� o Y m y diiw o o y 3 y s w � $ 21 - - - - — w z� EQ oBo 5u G G ? 8 Ai w o w k G V - o „ �z w „ 0 s . .� . �. a 688888888888888888888%8'888888888 - V _O Y w� O °_ 0 u�zz~C V O a a wz JQ LL O 1 U OLL ¢ o x z _� x Z J Y~K) �I ¢>�aw O 3 W K p[ 3 w9 UY a 0 a r ra 7f Z m O N otl ,,:N'IIWk,F,,,,,.,. 3 w y b w WOR � Qu a '' R(( Z Y 21 OF " /rjf V) � Mimi f iiv IN/r� / rAffo l�l � I ✓�, � �� /RWI ONE NMI(, g/�) o � m p3 1 D 1 rnvm A/ 11 /"" V f1 erg Z M O w N 1l pmgi l w n ro¢ o iouu� f / w prrro ��w� 6I/ ✓/��9 a a<nzLj �, „r,�%�/iG ✓ /, r. l �r � ��"1��``�"yiri'�/.r�r, �J�� z o 0 U 1 ✓ j z / lJ' 0% mw i o F 'oo r o !r o i j %1 r)-A ✓r -�,.�% � T .n 1, ,�/ R. o< 10 � I ' %I III ,_ F✓/r r JJ1 �9 3 0 0 M J oNz m fel %1 M rn o ri �r ry 1f�}9i em C wove �o ¢c cr zww W > ono TO OHrP' 7 0�✓ qdr W a w _ go • y ° zz 0J>tzLL9wp U z uz O � wW S zG¢ ooa QQo 1. 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ESTIMATED UNIT DESCRIPTION UNIT PRICE LINE TOTAL QUANTITY PRICE 04 1 1 LS Mobilization and Demobilization $100,000.00 $100,000.00 2 1 LS Maintenance of Traffic $35,000.00 $35,000.00 3 1 LS Erosion and Sediment Control $150,000.00 $150,000.00 4 23,328 TON Fill Material $11.65 $271,771.20 5 23,328 TON Trucking of Backfill Material $7.00 $163,296.00 6 18,170 CY Placement of Coarse Fill $15.00 $272,550.00 e F- 7 1,270 CY Placement of1-foot of Sand Fill $15.00 $19,050.00 8 1 LS Construction Surveys $50,000.00 $50,000.00 U 9 1 LS Labor $169,332.80 $169,332.80 Ln Rehabilitation of Staging Areas to 04 10 1 ]ES Original Condition $49,509.00 $49,509.00 w Bid Total: $1,280,509.00 Contractor µ ry Signature: ;....... _.._...._.... ww. 0 as E �s PROPOSAL FORMS 00110-Page 27 of 218 Packet Pg. 2168 Exhibit C Grant LPA0249 Ul) CN u L- 0 Ul) CN u 0 u 0 u E Packet Pg. 2169 0.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: Monroe County Canals#25,#259,#291,and#475 Restoration Projects LPA0249 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Monroe County Entity Type:Local Government Grantee Address: 1100 Simonton Street, Key West, FL 33040 FEID: 59-6000749 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution March 31,2024 a� 4. Project Number: ProjectLocation(s): (If clerent from Agreement Number) Monroe County Canals#25,#259,#291,and#475 iffProject Description: The Grantee will rehabilitate Canals #25, #259, #291, and#475. LO cN 5. Total Amount of Funding: Funding Source? Award 4s or Line Item Appropriations: Amount per Sources : c; $2,587,081.00 0 State ❑Federal Keys,GAA LI 1613,FY 21-22,GR $2,587,081.00 ❑ State ❑Federal ❑ Grantee Match > Total Amount of Funding+Grantee Match,if any: $2,5875081.00 6. Department's Grant Manager Grantee's Grant Manager Name: Tyler Reynolds Name: Rhonda Haag �y or successor or successor U) Address: Florida Dept.of Environmental Protection Address: Monroe County BOCC ; 3900 Commonwealth Blvd.,MS 3505 102050 Overseas Highway,Suite 2-2246 Tallahassee,FL 32399-3000 Key Largo,FL 33037 LO Phone: 850-245-2920 Phone: 305-395-9928 Email: Tyler.Reynolds@dep.state.fl.us Email: Haag-rhonda@monroecounty-f.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: V Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements "- 2 Attachment 2: Special Terms and Conditions 9 Attachment 3: Grant Work Plan 9= 0 Attachment 4:Public Records Requirements U V Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available at htl s.//ffactsJh]ffs.com,in accordance with§215.985,F.S. ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): 0 Exhibit A: Progress Report Form ❑ Exhibit B:Property Reporting Form Y Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. LPA0249 Rev.6/20/18 Packet Pg. 2170 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(]): ............ ......... ................................................................................ Federal Award Identification Numbe .8's�JLJLA .......................... Federal Award Date...............!�2 P2l�ent: Total Federal F►;Z aced b ................................................................................ Federal Award R&D? El Yes EIN/A .......... IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date slazied below,whichever is later. Monroe County GRANTEE ...................................................................................................................................................................................................... ................................................................................................ ........................................----— Grantee Name % ..... (01111 ATTEST: KEVIN M� 1>10K,CLERK > By ............................................................... (AuthorizedSigod urea Date Signed I'M/- 0�' "PMI Mayor David Rice Pamela G. Hancock,Deputy Clerk ........................ ......... ......... .......................................... .............................. ..................................................... ................................................................................................... Print Name and Title of Person Si State of Florida D��Protection DEPARTMENT ........... —.................................-................ ................................................................................................................................................................................................................................................................................ ------- . . ....... ... LO Digitally signed by Angela Knecht C14 By . Angela Knecht Date:2022.01.13 10:22:44-05'00' U ----------- ------ Secretary or Designee Date Signed 0 Trina Vielhauer,Director of Water Restoration Assistance Print Name and Title of Person Si rain W W Additional signatures attached on separate page. U) 12-9-2021 Ul) N ........................................................----------- U AppiOved as to form and legal sufficiency Cynthia Hall,Assistant County Attorney Monroe County Attorney's Office U 0 U 0 U E DEP Agreement No. LPA0249 Rev.6/20/18 Packet Pg. 2171 0.7.a DWRA Additional Signatures Susan Digitally signed by Susan Leitholf 022.01.1310:16:02 Leitholf 0500' Sue Leitholf,DEP Grant Manager Digitally signed by Sandra Sandra Waters Waters Date:2022.01.13 10:20:45 � -05'00' Sandra Waters,DEP QC Reviewer ; c� c14 t3 L- 0 P U) c� c14 U t3 0 U 0 t3 c� Packet Pg. 2172 0.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 0 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant c� Agreement iii. Attachment 1, Standard Terms and Conditions LO LO iv. The Exhibits in the order designated in the Standard Grant Agreement U b. All approvals,written or verbal, and other written communication among the parties,including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, 0 U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected a by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when > receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained °U) in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement U between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: LO c14 (1)an increase or decrease in the Agreement funding amount; ra (2)a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in L- Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget 4- as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change; t0 (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. Attachment 1 1of12 Rev. 6/4/2021 Packet Pg. 2173 O.7.a The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate 0 or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. c a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager ao before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain LO outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the U deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant 0 Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory a performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will > be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may °U) allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. U 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or LO c14 Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the ra Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered U penalties. L- b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified 4- timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. t0 i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. a Within ten(10)days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10)days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 2of12 Rev. 6/4/2021 Packet Pg. 2174 O.7.a the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of c� this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs LO upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. U Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State 0 funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: > 1 t s/R.ef`erenceGtiideforSi,c leF;xl eiid eu ,.,p,)df'. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and 9 post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in °U) accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. U g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all LO c14 work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. � h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future L_ appropriations. Authorization for continuation and completion of work and any associated payments may be 4- rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by t0 the State Board of Administration. To obtain the applicable interest rate, please refer to: www rtlyflorid;,fcfo corn/Divis,on/AA;/Vendors/dcfc�alll him. j. Refund of Payments to the Department Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. Attachment 1 3of12 Rev. 6/4/2021 Packet Pg. 2175 0.7.a b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its c� subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may LO award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the U work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a 0 copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price > subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of °U) Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. LO c14 d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. � e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific L_ approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies t0 of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting Attachment 1 4 of 12 Rev. 6/4/2021 Packet Pg. 2176 O.7.a acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments,on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall c� forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not ao limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work LO was actually performed. The Department shall provide written notification to Grantee of the failure to perform U that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. 0 c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided > Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees °U) and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related U to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. 00 b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a LO c14 deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation t3 demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of L_ any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish 4- Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any t0 reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide a proof of such replacement coverage within ten(10)days after the cancellation of coverage. e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other Attachment 1 5of12 Rev. 6/4/2021 Packet Pg. 2177 0.7.a obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it 0 has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative c� obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant ao Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as LO necessary to complete the transition or continued portion of the Agreement,if any. U 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of 0 the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting > the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. °U) Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a U material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of pp the performance of the work, failure to resume work that has been discontinued within a reasonable time after LO c14 notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, L- incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; t0 f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. Attachment 1 6 of 12 Rev. 6/4/2021 Packet Pg. 2178 O.7.a 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty (30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first c� arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE LO FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT U TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be 0 entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, a consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or > inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department °U) may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject U of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or pp in part. LO c14 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: tL- i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in 4- part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; t0 ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action; (2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or Attachment 1 7of12 Rev. 6/4/2021 Packet Pg. 2179 0.7.a otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. � The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. c� a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section ao 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized LO aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible U for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133,287.134,and 287.137 F.S.,the following restrictions apply to persons placed on 0 the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list > following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded °U) or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the U date of being placed on the convicted vendor list. 00 ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor LO c14 list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a ra public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity; and may not transact 0 business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not t0 submit a bid,proposal,or reply on any contract to provide any good or services to a public entity; may not submit a bid,proposal,or reply on any contract with a public entity for the construction or a repair of a public building or public work;may not submit a bid,proposal,or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. < iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. Attachment 1 8of12 Rev. 6/4/2021 Packet Pg. 2180 O.7.a a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. c� b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector LO List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to U Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with 0 Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or C engaged with business operations in Cuba or Syria during the term of the Agreement. > c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying °U) the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S.,during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that U agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. LO c14 The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in ra accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In L_ the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow 4- access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial t0 records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of: (1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: h(t.///� yllorldaxomjibrar archives/records n�c�nc en�cn(/ ;c,r�crc l records schedulc,so. � 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection,review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; Attachment 1 9of12 Rev. 6/4/2021 Packet Pg. 2181 0.7.a ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal 0 financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: Ili;(sus:\\ap1:)s.Ildfs.com\fsaa. c� d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to LO the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. U Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, 0 general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty a (30)days of such request. > e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a °U) Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to U demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written LO c14 notification from Department shall refund, and shall forthwith pay to Department, the amount of ra money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the U original payment(s) are received from Department by Grantee to the date repayment is made by L_ Grantee to Department. 4- ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as t0 calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 10 of 12 Rev. 6/4/2021 Packet Pg. 2182 0.7.a c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery c� schedule. 31. Guarantee of Parent Company. LO If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will U guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee L_ is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new 0 parent company guarantee all of the obligations of Grantee. 32. Survival. > The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. °U) The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If U Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. LO c14 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. t All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained 4- technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all t0 controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 11 of 12 Rev. 6/4/2021 Packet Pg. 2183 O.7.a reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. c� LO c14 U L- 0 P U) c� LO c14 U U 0 U 0 U c� Attachment 1 12 of 12 Rev. 6/4/2021 Packet Pg. 2184 0.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.LPA0249 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Monroe County Canals 425,4259,4291,and 4475 Restoration Projects. The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement begins on July 1,2021 and ends at the expiration of the Agreement. c� b. Extensions.There are extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. Ul) c14 U 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this 0 Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. > c. Advance Pay.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following P budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages p0 Overhead/Indirect/General and Administrative Costs: LO c14 ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) U ❑ ❑ Travel,in accordance with Section 112,F.S. ,0 ❑ ❑ Equipment s ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses t0 ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. Attachment 2 1 of 2 Rev.8/10/2020 Packet Pg. 2185 0.7.a 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall c� be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: LO $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable U $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. 0 The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 > policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. .0 d. Other Insurance.None. a� P 9. Quality Assurance Requirements. U) There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. LO c14 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. U The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for L_ subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. 0 U The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2 2of2 Rev.8/10/2020 Packet Pg. 2186 0.7.a ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Monroe County Canals 925, 9259, 9291, and 9475 Restoration Projects PROJECT LOCATION: The Project will be located within various canals in unincorporated Monroe County; see table below for locations: Canal# Area Latitude Longitude 25 Key Largo 25.1670 -80.3831 259 Big Pine Key 24.7031 -81.3499 291 Big Pine Key 24.6754 -81.3716 475 Geiger Key 24.5791 -81.6557 c� PROJECT BACKGROUND In 2013, Phase II of the Monroe County Canal Management Master Plan (CMMP) was completed that evaluated the conditions of the Keys canals, prioritized the need for water LO quality improvement, and identified appropriate restoration options for each canal: U L- 0 • Culvert • Air Curtain/Weedgate • Organic Removal • Backfill a� As part of the Canal Restoration Demonstration Program, Florida International University (FIU) assessed U the effectiveness of the various technologies implemented by Monroe County and its partners by comparing treated canals against nearby,unaltered controls over a period of three years. c� Based on data collected during the limited monitoring period, F1U made the following conclusions about LO the culvert, air curtain, and Backfill technology(s): • This technology effectively increased oxygenation by improving circulation and exchange. This is in alignment with the purpose of culverts which are to stimulate the exchange with cleaner near L- shore waters; 4- Since the demonstration canal restorations were proposed by Monroe County,the canal restoration program has grown to include over 17 residential canal restoration projects throughout Monroe County. 0 PROJECT DESCRIPTION: The canals (925 Key Largo, 9259 Big Pine Key, 9291 Big Pine Key, and 9475 Geiger Key) are a continuation of the canal restoration program in accordance with the Department CU of Economic Opportunity (DEO) canal restoration work as detailed in the Monroe County 28.20.140 Comprehensive Plan. The projects will be designed to promote flushing in the canal by removing the deep stagnant zones within the canals and promote a viable benthic community which will help to restore the canal waters to Florida Department of Environmental Protection(FDEP) Dissolved Oxygen standards. DEP Agreement No. LPA0249, Attachment 3,Page 1 of 3 Packet Pg. 2187 O.7.a TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Desian and Permittine (Canals#25 and#291) Deliverables: The Grantee will complete the design restoration of Canals # 25 and 9291 and obtain all necessary permits for construction of the project. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 2) a summary of design (or preconstruction) activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue dates and issuing authorities. ao Performance Standard: The Department's Grant Manager will review the documentation to verify that N the deliverables have been completed as described above. Upon review and written acceptance by the L' Department's Grant Manager, the Grantee may proceed with payment request submittal. 0 Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more > frequently than monthly. .0 Task 2: Bidding and Contractor Selection (Canals #25,#259, and#475) Deliverables: The Grantee will prepare a bid package,publish a public notice, solicit bids, conduct pre-bid meetings,and respond to bid questions in accordance with the Grantee's procurement process,to select one or more qualified and licensed contractors to complete the restoration of Canals 925, 9259, and 9475. LO cN Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid CU package; and 3) a written notice of selected contractor(s). U 0 Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. 0 U Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement following the conclusion of the task. E E c� Task 3: Construction (Canals #25,#259, and#475) Deliverables: The Grantee will the complete the restoration of Canals 925, 9259, and 9475 in accordance with the construction contract documents. Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 3) a signed Engineer's Certification of Payment Request. DEP Agreement No. LPA0249, Attachment 3,Page 2 of 3 Packet Pg. 2188 0.7.a Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 4: Proiect Management(Canals#25,#259, and#475) Deliverables: The Grantee will perform project management, to include field engineering services, construction observation, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. Documentation: The Grantee will submit interim progress status summaries including summary of inspection(s), meeting minutes and field notes, as applicable. ao Performance Standard: The Department's Grant Manager will review the documentation to verify that N the deliverables have been completed as described above. Upon review and written acceptance by the L' Department's Grant Manager, the Grantee may proceed with payment request submittal. 0 Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more > frequently than monthly. .0 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. LO cN Task Budget Grant Task Start Task End No. Task Title ra Category Amount Date Date CU Contractual U 1 Design and Permitting Services $116,879 07/01/2021 09/30/2023 L- 4- Bidding and Contractor Contractual 2 Selection Services $10,000 07/01/2021 09/30/2023 0 3 Construction Contractual $2 270,014 07/01/2021 09/30/2023 Services ctua� 4 Project Management CSery cesal $190,188 07/01/2021 09/30/2023 Total: $2,587,081 DEP Agreement No. LPA0249, Attachment 3,Page 3 of 3 Packet Pg. 2189 0.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph, the term"contract"means the "Agreement." If Grantee is a"contractor"as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or LO as otherwise provided by law. N c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to U penalties under section 119.10, F.S. 0 d. 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 Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor 0 or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all 0 Public Records to Department 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 Public Records stored electronically must be provided to Department, 00 upon request from Department's custodian of Public Records,in a format specified by Department as compatible with Lo the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. U f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: U Telephone: (850) 245-2118 Email: Li llic.servic sC )t"Iloridad �).,ov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofl Rev.4/27/2018 Packet Pg. 2190 O.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may he referred to as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. 0 MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised(see "AUDITS"below), monitoring procedures may include,but not be limited to, 4- -119 on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental � Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any U additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees L_ to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART L•FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- y specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental U Protection. The determination of amounts of federal awards expended should be in accordance with the 0 guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in i accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative U to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,00 in federal awards in its fiscal year is not required to have an audit E conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfih1. 2T ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Attachment 5 1 of 6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2191 O.7.a PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the c� audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a ao financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local LO governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. U L_ 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending 0 June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, a Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial > assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). U) 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at hlt:ii s://a0L)s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at U si.,lle f1 ais/ elcome/index„cfii State of Florida's website at h1.g)://www.n�yfloridcl.con�/ hlt , 00 Department of Financial Services' Website at p.)://www.fldfs.com/and the i l' i e Audtor General's Website at � cN hlt;,:�://www.m florida.com/aud�cnL PART III: OTHER AUDIT REQUIREMENTS U 0 4- (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, t0 State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) c� PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2of6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2192 0.7.a By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hltp:�://hrvest:er.cen a Gov/I' cwckr/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: c� Audit Director Florida Department of Environmental Protection LO Office of Inspector General,MS 40 U 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 0 Electronically: > E.J. . 25i! kA W Ll .St,cl.(e.fl..xls B. The Auditor General's Office at the following address: U) Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 U I I I West Madison Street pp Tallahassee,Florida 32399-1450 LO c14 U The Auditor General's website(jj..jp.//fjaadj:1or..LYov)provides instructions for filing an electronic copy of a financial reporting package. U 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or 0 on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: t0 Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard c� Tallahassee,Florida 32399-3000 Electronically: E.J. . 25i! kA W Ll .St,cl(e.fl.::ls 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2193 0.7.a 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations),Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer,or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. c� LO c14 U L_ 0 U) c� LO c14 U U 0 U 0 U c� Attachment 5 4of6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2194 0.7.a 0 0 � o � • o � • o o � � IZII o o o In o L7 0 p o o � w0 c 7� ° 7� O C Q Q w w4.1 ,� 0 c� W •� C C U pbp er.+ U U W `; `; Q Qj v o o N � y � O ice. ^� 0 = 0 = Jo Q Qj Qj � ^QjWa Wa Wa Wa q� Packet Pg. 2195 0.7.a ..o o � � o 0 0 � '� A•, � b- c i O o cv ra Qj w bo Z . z ° bo o c; ; aj z , v rt9 y A A f -o a U� °' [H y a� j 'Q � Q Q w w Fi Qj W .G Qj � o 0 0 � .•. � a, o yN f' it it U aA vi O GJ "� GJ FTy Fly z a� o aJ CIA I— o o 'a0 �' Q �' o ra O y Qjp y Qj ej UQ a o a U .� .� bn a o a ej 4. o o o � ^O ej y 0 ;: y � � z � t U � � Qj +, +, bO � � .� . c° `° =o 0 o ro ro ea Q ea � Qj 3 3 O C O CQj oq Qj O a; Qj a; Wo PLO wo a PLO Packet Pg. 2196 0.7.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form DEP Agreement No.: LPA0249 Project Title: Monroe County Canals 925, 9259, 9291, and 9475 Restoration Projects Grantee Name: Monroe Count Grantee's Grant Manager: Rhonda Haag Reporting Period: I 7c. �oj j�cj'o(,J V,�H�. Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period.Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered.Add or remove task sections and use as many pages as necessary to cover all tasks.Use the format provided below. ao LO cN U L- 0 Task 1: Design and Permitting • Progress for this reporting period: • Identify delays or problems encountered: U) Task 2: Bidding and Contractor Selection c� • Progress for this reporting period: LO c14 • Identify delays or problems encountered: U Task 3: Construction 0 c� • Progress for this reporting period: 0 • Identify delays or problems encountered: Task 4: Proiect Management • Progress for this reporting period: • Identify delays or problems encountered Exhibit A,Page I of 2 Rev. 10/28/20 Packet Pg. 2197 O.7.a Indicate the completion status for the followine tasks: Design(Plans/Submittal): 30% ❑, 60% ❑, 90% ❑, 100% ❑ Permitting (Completed): Yes ❑,No ❑ Construction(Estimated): % This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. c� Signature of Grantee's Grant Manager(Original Ink) Date LO U L- 0 U) c� LO cN U U 0 U 0 U c� Exhibit A,Page 2 of 2 Rev. 10/28/20 Packet Pg. 2198 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: Please use the most current form found on the website, linked above, for each payment request. LO C14 U L- 0 U) LO C14 U U 0 U 0 U E Exhibit C, Page I of I Rev. 12/02/19 Packet Pg. 2199 U C N O G. d J4 ^ U O N d W IA Z N O O O a, $k O O U) O o Q Q LU O I� U) O U 4- Z 0 Lf) 0) 00 O s U Q U N O Lf) r*-. V 00 Lr) t10 v C51 N N Lr) W -Effl- -Efl- -Efl- rn s o o 0 a U s } } a Z W W V Z 0 A �° Z W I• C W Q � WN > Q L oUi I- W O L Z N paZN w o L s W ZpOC) N m o o QV, � N OZ uj JLn Q m Q = cn Co 0' L W w a ¢ a Q Q w L o rn 3 C r- Q } Z 4 u > O .T L W Z u c -a U L � a O co H Q U O O a� L L Q z i o V > O 0 fu 0 c J n rn 0 o w z L of .,_, N N h t- c � o W a C � W q � � cn W L o L tn � E- L U 4- U 4- ro aO i > Q W h -aO _0q V L L } V h coQ O_ U O J N } } N L L Co W } O U LL J L >,4- N O m H i m 0.7.d SELECTION COMMITTEE MEETING MINUTES Selection Committee Meeting for Backfill Restoration Water Quality Improvement Projects Canal #25 Key Largo, Monroe County, FL May 20, 2022 10:00 am, Virtual Zoom Meeting Meeting Facilitator: Rhonda Haag LO ao Selection Committee: Mike Roberts -Assistant Director/Environmental Resources,Kimberly Matthews N - Sr. Director of Strategic Planning and Director of Libraries, and Rhonda Haag — Chief Resilience U Officer U c, Advisors: Assistant County Staff Attorney Cynthia Hall and Greg Corning from Wood as technical advisor E 0 U Call to order—Meeting called to order at 10:00 a.m. a c� Roll call—All selection committee members and advisor Cynthia Hall were in virtual attendance. No members of the public attended. 4- 0 Review of Proposals: Rhonda Haag introduced the meeting and rules of the selection committee process and introduced the members. Bid Tab: RESPONDENT BID BOND BID AMOUNT Arbor Tree & Land, Inc. 5% $1,255,972.50 Adventure Environmental, Inc. 5% $1,280,509.00 Earth Tech Enterprises, Inc. 5% $1,567,856.00 The selection committee went through each proposal to provide comments on submittal and rationale for scoring based on the criteria in the RFP. 1 Packet Pg. 2201 0.7.d Earth Tech, Inc.: Vendor has performed work for the County previously and is the current for the Canal 266 operations and maintenance. The proposal was a light on experience listed for backfill type of projects. The pricing was high. The response was not fully tailored to fit this project. Adventure Environmental Inc. —The proposal response was the best formatted of the group. AEI has plenty of backfill experience, and has performed several projects for the County. The price was the second lowest of the group. Missing a substitutes form. The schedule proposed was less than the 120 days allotted. Overall the best proposal and best price. Arbor Tree &Land, Inc. —The pricing was the lowest of the responses. The response listed the wrong number of days, 240 instead of 140. The QAQC plan was not the best. The response was boilerplate and not tailored to this project. There were references to a different county project in the response. The proposal referenced dredging projects but not backfill projects. Public Comment: No members of the public were present. After public comment, the members deliberated a final time, completed their score sheets, and U announced their scores and final ranking took place. � U Adjournment: The meeting adjourned at 10:38 am. E 0 U Scores & Rank by Each Evaluation Total Final g Committee Member Rank Rank Name of Scores (Lowest Respondent total point - score_#1, Rhonda Haag Kimberly Michael Mathews Roberts Adventure 101/1 102/ 1 102/ 1 3 1 Environmental Inc. a� E c� Arbor Tree and 99 /2 95 /2 97 /2 6 2 Land, Inc. Earth Tech,Inc. 95/3 79/3 84/3 9 3 2 Packet Pg. 2202 (oBje AaN IIIj oe 9ZO) 9ZO oo;;lu woo uoilooleS jp solnuiVy BuileaVy :;uowgoelIv Cl) o N N a .. d Y C� a 0 La Ln Lb U WLn t i'i i--I i'i O 00 enrI U H L t m W O Ln N � m Ln Ol J o Ln C O N m Ln M M N Ln 0 n N 0 N Ln Ol H i O � U a O w o Lr s O Ln 000 - °� O 000 Ln r' Ln U LL � 0) 3 E 41 c E N O C� > > O — N N C i/? Q W LU W Y m u +, = y cc & bA Ln Ln Ln O Ln Ln O W m ELn m r1 rl p r1 Ln p Ln 0 41 41 0 U C O Ln V C O c O a u y c u1 +� 41 nc c v' y m c *' p 0. E o LL ? 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CL ADVENTURE ENVIRONMENTAL BUTLER BUCKLEY DEETS INC 6161 BLUE LAGOON #420 160 GEORGIA AVE MIAMI, FL 33126 TAVERNIER, FL 33070 U) 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. 0 The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. 2 ........................................................................................................................................................................ Policy Effective Date: Jun 11, 2021 Policy Expiration Date: Jun 11,2022 Insurance coverage(s) Limits ............................................................................................................................................................................. Bodily Injury/Property Damage $1,000,000 Combined Single Limit ............................................................................................................................................................................. 0 Uninsured Motorist $1,000,000 CSL Non-Stacked ............................................................................................................................................................................. Personal Injury Protection $10,000 w/Workers Comp Named Insd&Relative ray ............................................................................................................................................................................. Employer's Non-Owned Auto BIPD $1,000,000 Combined Single Limit CN CN ............................................................................................................................................................................. Hired Auto Bodily Injury/Property Damage $1,000,000 Combined Single Limit c14 Description of LocationNehicles/Special Items Scheduled autos only MONROE COUNTY IS THE ADDITIONAL INSURED ON THIS POLICY Packet Pg. 2206 O.7.e Policy number: 03515746-7 Page 2 of 2 certificate number 14622A10746 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241(10102) LO N U CN C®1 C®1 T_ T_ 1 x M U) E a 0 U LO CD CN CN CD CN E U Packet Pg. 2207 --� ADVEN-1 0.7.e ACORO CERTIFICATE OF LIABILITY INSURANCE DATE( olio7i2o22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of 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):504-486-5411 (A/c,No):504-482-1475 New Orleans,LA 70124 E-MAIL ail ami-ins.com Eric S.Green ADDRESS:gail@ami-ins.com AFFORDING COVERAGE NAIC# INSURERA:Capitol Specialty Ins. Company O INSURED INSURER B:Great American Ins.Company22136 (� Adventure Environmental Inc.Greg Tolpin INSURERC:StarNet Insurance Company40045 160 Georgia Avenue Tavernier,FL 33070 INSURER D INSURER E INSURER F: C5 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 PERIO[ 00 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: LO CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM L) 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 N LTR INSD WVD MM/DD/YYYY MM/DD/YYYY C14 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,1 N CLAIMS-MADE X OCCUR EV20190209-04 01/09/2022 01/09/2023 DAMAGE TO RENTED 50,1 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,1 CL PERSONAL&ADV INJURY $ 2,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,00011 ❑ PRO- ❑ 2,000,1 X POLICY JECT LOC PRODUCTS-COMP/OPAGG $ 9= OTHER: $ ,L_) COMBINED SINGLE LIMIT U) AUTOMOBILE LIABILITY 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 $ O $ n� UMBRELLA LIAB OCCUR EACH OCCURRENCE $ LU EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ISTATUTE ERY/N y 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. BOUM-A-21-2110 08/15/2021 08/15/2022 M.E.L. 1,000,1 LO B Hull/P&I Liability OMH841008-10 10/12/2021 10/12/2022 P&1 Limit 1,000,1 C14 c^J DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) N Monroe County and Florida Department of Environmental Protection,3900 Commonwealth Blvd.Tallahassee, FL 32399 shown as additional insured as respects liabilities hereunder. c� CERTIFICATE HOLDER CANCELLATION MONRO05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance P. O. Box 100085-FX AUTHORIZED REPRESENTATIVE Duluth,GA 30096 Q ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2208 NOTEPAD Adventure Environmental Inc. ADVEN-1 PA 0.7.e INSURED'S NAME OP ID: GB Date 01/07/2022 Contractors Pollution Liability: Insurer: Rockhill Insurance Company Policy#: EV20190209-04 Policy Period: 01/09/22 - 01/09/2023 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#: EV20190209-04 Policy Period: 01/09/22 - 01/09/2023 Aggregate Limit: 2,000,000 Each Professional Services Incident Limit: 2,000,000 �9 Commercial General Liability Conditions: ; Deductible Liability Endorsement Exclusion - Testing or Consulting Errors and Omissions 00 Total Pollution Exclusion Endorsement LO Additional Insured - Owners, Lessees or Contractors - Scheduled Person or U Organization U Exclusion-Violation of Statutes that Govern Emails, Fax, Phone Calls or Other Methods of Sending CN Exclusion - Punitive or Exemplary Damages Amended Waiver of Subrogation N Exclusion - Engineers, Architects or Surveyors Exclusion - Exterior Insulation and Finish Systems Exclusion - Professional Services CL 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 P 7 Contractors Pollution Liability (Claims-Made) Conditions: Additional Insured - Owners, Lessees or Contractors (Broad Wording) Amended Waiver of Subrogation 0 Toxic Drywall Exclusion Professional Liability Conditions: w War or Terrorism Exclusion Additional Insured - Owners, Lessees or Contractors 55 LO CN CN CN Hull & Machinery / Protection & Indemnity: Terms and Conditions applicable to All Sections: Severability U 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 Packet Pg. 2209 NOTEPAD Adventure Environmental Inc. ADVEN-1 PA 0.7.e INSURED'S NAME OP ID: GB Date 01/07/2022 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 0 �9 Contractor's Equipment: ; Policy No. : IMP 5305782-05 Policy Period: 01/26/2021 to 01/26/2022 - Owned Equipment $75,000 00 - Leased/Rented Equipment any one item limit $200,000 LO - Leased/Rented Equipment all items limit $400,000 U M.E.L. -Maritime Employers Liability Coverage Form CN -Transportation, Wages, Maintenance & Cure CN-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 CL X �9 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. E 0 U LO N CN CN E U Packet Pg. 2210 Da CERTIFICATE OF LIABILITY INSURANCE 12/7 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 Insurer C: 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 ®! LTR INSRD Type of Insurance Policy Number Date Limits (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises(EA Claims Made Occur occurrence) Med Exp tt9 t'J Personal Adv Injury General aggregate limit applies per: CN General Aggregate C14 Policy ❑Project ❑ LOC CN Products-Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) CL Any Auto Bodily Injury All Owned Autos (Per Person) Scheduled Autos Hired Autos Bodily Injury U) Non-Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑Claims Made Aggregate W Deductible A Workers Compensation and WC 71949 01/01/2022 01/01/2023 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 U LID Other Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616 cv c14 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 80-65-323 cN 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@lioninsurancecompany.com Project Name: INCLUDES USL&H. GREGORY J.TOLPIN,LICENSE#CGC1506411 and#CUC1223905,AS QUALIFIER. WAIVER OF SUBROGATION APPLIES IN FAVOR OF MONROE COUNTY BOCC. ISSUE 06-11-21 (PH) Beclin Oate:1 IS Colo 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 DULUTH, GA 30096 Packet Pg. 2211 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 00 0.7.e POLICY (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule MONROE COUNTY BOCC INSURANCE COMPLIANCE LO CN P.O. BOX 100085 - FX U CN DULUTH, GA 30096 a X n� a 0 n� U LO CN This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. CN CN (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insured: South East Personnel Leasing,Inc. E� � � � �� Insurance Company:Lion Insurance Co. Countersi ed b Policy 4:WC 71949 y Effective: 01/01/2022-01/01/2023 Client: Adventure Environmental,Inc. WC 00 03 13 (Ed.4-84) ©1983 National Council on Compensation Insurance. 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