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Item G2 G.2 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting September 21, 2022 Agenda Item Number: G2 Agenda Item Summary #11066 BULK ITEM: No DEPARTMENT: County Land Acquisition and Land Management TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180 9:15 AGENDA ITEM WORDING: Approval to exempt State of Florida Department of Environmental Protection (DEP) approved Appraisers services from Monroe County Competitive Solicitation Process ITEM BACKGROUND: Monroe County and the Monroe County Land Authority (MCLA) have an interlocal agreement whereby the Land Authority manages various County acquisition programs, including Density Reduction, Less Than Fee, and Resale. Further, MCLA purchases land for Conservation, as well as affordable housing. The conservation land purchased by MCLA, located in the Florida Forever boundary, is often resold to the State of Florida Board of Trustees. The State of Florida Department of Environmental Protection previously procured professional services from appraisers and have contracts with four (4) of them with approved pricing. The State has also approved a fifth appraiser separately. The State will only accept appraisals from these appraisers when MCLA pre-acquires land within the Florida Forever boundary and resells it to the State of Florida. This effort further states investment in conservation land acquisition as identified in the Florida Keys Stewardship Act. The Stewardship Act sets a goal of $5 million annually for conservation land purchase in the Florida Keys. Also, the County has a Memorandum of Agreement (MOA) with the State of Florida to conduct these appraisals and to obtain reimbursement from the State of Florida for these services. In order to maintain efficiency for the various acquisition programs, staff is seeking approval to utilize the five (5) previously approved appraisers (Mary & Associates Appraisal Co., Inc.; S.F. Holden, Inc.; W.H. Benson & Company; Carlson Norris & Associates; and Slack, Johnston & Magenheimer, Inc.) in all County and MCLA acquisition programs. Staff seeks bids from at least three (3) of these firms for each acquisition and therefore obtains the best available cost for the service out of the State qualified appraisers. This does not bind the County or MCLA to use the lowest bidder, especially if there are time sensitivities with the transactions. Further, it does not bind Packet Pg. 1294 G.2 the County or MCLA to utilize the rates in the State contracts, as each job is bid separately to at least three (3) of the four(4) appraisers. Under the August 17, 2022, version of the County's Purchasing Policy, Chapter 4, Appraisal Services are included under the definition of professional services (see below). CHAPTER 4. PURCHASE OF PROFESSIONAL SERVICES A. Definition A professional service shall be defined as assistance obtained in support of County operations from an independent contractor in one or more of the following professional fields: 1. Appraisal Services -real and personal property appraisers (as per Chapter 125.355, F.S.). Further, professional services are to be procured as follows: B. Methods of Acquisition Because differences in price may only be a minor concern compared to qualitative considerations, professional services may be exempted by the BOCC from the competitive bidding process. When purchasing professional services below $50,000.00, obtaining price quotes as set forth in Chapter 2 of this policy is strongly recommended, but are not required. The Requesting Department should document why price quotes are not provided. The County Administrator may require competitive solicitation in the form of an RFQ or RFP. Professional services, subject to the competitive solicitation process, will be typically acquired through one of the following methods: 1. Competitive Selection and Negotiation -per Chapter 287.055, (4) & (5)F.S. Consultants Competitive Negotiations Act("CCNA'). 2. Request for Qualifications (RFQ). a)Responding firms are ranked based upon criteria set forth in the RFQ. If presentations are requested by the County, they will be held in compliance with F.S. 286.0113. b) The County will negotiate a contract with the firm selected by the BOCC as the highest ranked firm/individual. c) The negotiated contract will be reviewed and placed before the BOCC for approval. The State of Florida procured their list of approved appraisers, and we are seeking to use their procured appraisers, but will get bids from them each time an appraisal is needed. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: N/A Packet Pg. 1295 G.2 STAFF RECOMMENDATION: Approval DOCUMENTATION: 2022MOA 2022 ILA-Second Amended and Restated PL487_Executed—Holden PL492_Executed_Benson PL497 Executed Marr. REVISED 10282021 PL499_Executed_MaganheimerA Purchasing Policy 8 17 2022 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A REVIEWED BY: Christine Hurley Completed 08/31/2022 1:16 PM Christine Limbert Completed 08/31/2022 1:25 PM Julie Cuneo Completed 08/31/2022 4:19 PM Purchasing Completed 08/31/2022 4:33 PM Budget and Finance Completed 09/01/2022 8:32 AM Risk Management Completed 09/01/2022 11:01 AM Lindsey Ballard Completed 09/01/2022 11:37 AM Board of County Commissioners Pending 09/21/2022 9:00 AM Packet Pg. 1296 G GV�S COUR BOOy G.2.a Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: June 27, 2022 TO: Christine Hurley, Executive Director Monroe County Land Authority U) ATTN: Diiia Gatnbuzza Office Manager CL C, FROM: Liz Yongue, Deputy Clerk 0 L- CL SUBJECT: April 20th BOCC Meeting C CL Enclosed is an electronic copy of the following item for your handling: 0 4- G3 2022 Memorandum of Agreement between Monroe Comity and the Florida Department of Environmental Protection concerning Florida Forever projects in the Keys. Should you have any questions please feel free to contact me at (305) 292-3550. 4) CL 0 U E 0 L- 4- CL E 0 x cc: Cotuit_y Attorney CN Filiance CN File E c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1297 G.2.a KEYS 2022 MOA 2022 MEMORANDUM OF AGREEMENT FLORIDA FOREVER KEYS PROJECTS MONROE COUNTY This Memorandum of Agreement ("Agreement') is made and entered into by and between Monroe County. Florida, a political subdivision of the State of Florida (the "County"). and the Florida Department of Environmental Protection ("DEP"). Division of State Lands("DSL"). WHEREAS. the parties entered into a Memorandum of Agreement dated November 21. 2016 (hereinafter -2016 MOA-) and August 16.. 2017 (hereinafter -2017 MOA-). and amended on June 20. 2018 and May 20. 2020.which is now superseded by this new Agreement: andCL C, M WHEREAS, the parties acknowledge their successful partnership in the acquisition of lands within Florida Forever projects in the Florida Keys pursuant to the 2016 MOA and 2017 MOA; and L- CL CL WHEREAS. the parties also acknowledge the need to retire development rights both inside and outside the Florida Forever projects in the Florida Keys in light of the fact that the number of CL undeveloped, privately owned parcels in the Florida Keys far exceeds the number of Rate of Growth Ordinance allocations the County is allowed to issue through 2023 pursuant to the Rule 28-20.140, Florida Administrative Code. as adopted by the Governor and Cabinet sitting as the Administration Commission, and WHEREAS, the parties wish to pursue a modified partnership whereby, generally speaking, State funds will be used to acquire those lands within the Florida Forever projects and County funds will be used to acquire those lands outside Florida Forever projects; and CL WHEREAS. on behalf of the Board of Trustees of the Internal Improvement Trust Fund (the 0 U "Trustees") , DSL is in the process of acquiring property located within the project boundary for the E Florida Keys Ecosystem, Coupon Bight/Key Deer, and North Key Largo Hammocks Florida Forever Projects in accordance with Chapter 259, Florida Statutes (collectively referred to herein as the � "Projects"); and .2 CL E WHEREAS.the parties agree that it is in the best interests of the state for the County and DSL to cooperate on certain aspects of the acquisition of the Projects; and W WHEREAS. the County has agreed to take the lead in negotiating the acquisition of some of the parcels within the Projects. ordering pre-acquisition due diligence products. including but not limited to CN appraisals. boundary surveys or sketches. title search products. environmental assessments and the like in c14 order to facilitate DSL's acquisition of the parcels. NOW, THEREFORE. in consideration of the mutual benefits to the County and DSL it is agreed as follows: 1. Intent of the-Parties. The above recitals are true and correct and are incorporated herein by the reference. The parties intend for this Agreement to serve as an acquisition agreement between them as authorized and contemplated by Rule 18-1.014. Florida Administrative -Code. This Agreement supersedes any and all prior agreements, arrangements, or delegations between the parties related to the subject matter described herein. 2. Parcels Covered � this re( e t. This Agreement shall only apply to parcels located within the Projects and specifically described on Exhibit "A" attached hereto. Exhibit "A°" may be Page 1 of Packet Pg. 1298 G.2.a amended from time to time to include additional parcels, delete parcels, or reprioritize parcels as needed. Exhibit"A" shall be deemed a part of the negotiation strategy documenting offers and counteroffers, and thus treated as confidential and exempt from section 119.07(l).. Florida Statutes, as described in section 253.025(9)(d). Florida Statutes. The Projects are ranked on the Florida Forever "A list and are eligible for negotiation under DSL land acquisition work plan as ranked projects. The County shall obtain written confirmation from DSL regarding the availability of funds prior to entering into a contract for the acquisition of any parcel under this Agreement or proceed at its own risk. The terms "parcel" or "parcels" as used herein shall mean and refer to only those parcels described on Exhibit "A", as amended from time to t►ine. 3. Election of o ton by Counts ._ A a. Title to Vest in the County. The County may acquire parcels within the Projects C, 0. with its own funds and have title vest in the name of the County. The County shall notify DSL of its intent to acquire parcels within the Projects with the County funds prior to initiation of negotiations. To the extent the County desires to purchase parcels with the County funds with title vesting in the County. then the County shall be responsible for acquiring and paying for all pre-acquisition costs and due CL diligence products, and the Trustees shall have no obligations or costs whatsoever. M CL b. Title to Vest in Trustees. If the County desires to utilize state funds and have title to a parcel vest in the name of the Trustees, then the County must notify DSL of its intent prior to ,0 initiation of negotiations and follow the requirements and procedures outlined in this Agreement. The 0 Trustees will pay one hundred percent (100%) of the purchase price for the parcel, unless, the County, in its absolute discretion determines to contribute finds toward the Trustees" purchase price, or the County's purchase price exceeds the DSL approved appraisal value. The County understands at any time DSL may pursue acquisition of parcels within the Projects on behalf of the Trustees but will coordinate with the County to ensure that the County and DSL are not negotiating acquisition of the sarne parcels. For parcels CL which the County desires to use state funds, DSL will direct the County as to whether the County or DSL will take lead on a particular parcel acquisition, including negotiating and acquiring all necessary pre- 0 acquisition due diligence products for that parcel. The real property interest to be acquired by the Trustees in a parcel may be fee simple absolute or less-than-fee; provided, however, that if a less-than-fee interest is to be acquired, prior to County initiating negotiations for the parcel, DSL shall have agreed to the form C of the acquisition, the property rights to be acquired, the legal rights and responsibilities to be obtained or CL assumed, and the specifications for such less-than-fee acquisition. If the County elects this option, then undivided fee simple title to each parcel acquired pursuant to this Agreement will vest one hundred percent(100%) in the Trustees. W 4. Pre-Ac�gisition CostswwS ariwg. 2 CN cN a. Costs Sharing Responsibility. If the County elects to use state finds with title cN vesting in the Trustees. and has been directed by DSL to take lead on a parcel acquisition.the County will acquire and pay for all pre-acquisition due diligence products, including but not limited to, appraisals (including timber cruises. if applicable). boundary surveys or sketches. title search products. environmental assessments and the like, and any other studies. and inspections to accurately value and ascertain the actual condition of the parcel ("Pre-Acquisition Costs"). and. subject to the limit set below. < Trustees will reimburse the County for one hundred percent (100%) of documented Pre-Acquisition Costs at closing for the parcel. but only those costs for which the County receives DSL approval prior to the cost being incurred (the "Reimbursed Costs"). DSL may, in its absolute discretion as it deems appropriate for any reason, increase the percentage reimbursement contribution for a select parcel. DSL"s prior approval shall be in writing and may be in the form of electronic mail. In the event a parcel under contract for purchase_ by the Trustees does not close.. the Trustees will reimburse the County the Reimbursed Costs associated with that parcel within ninety (90) days of DSL's receipt of notification by the County and submission of documentation of the costs involved. In no event shall the Trustees" total Page 2 of Packet Pg. 1299 G.2.a reimbursements to the County under this Agreement exceed the aggregate annual total of Three hundred Twenty-Five Thousand Dollars and no/100 Cents ($320,0 . b. Vendor Selection Generally. If the County elects to use state funds with title vesting in the Trustees and has been directed by DSL to take lead on a particular parcel, for each pre- acquisition due diligence product the County shall select vendors from DSL's pre-approved vendor list unless otherwise directed by DSL. The County shall ensure that all vendors follow all the rules and requirements of DSL and the Trustees for the preparation of the due diligence products so the products may be relied upon by DSL and the Trustees. C. Appraiser Selection. The Count} shall obtain DSL's prior approval for the selection of appraiser(s). Prior to selecting an appraiser. DSL's Chief Appraiser shall review and approve: (i) any appraisal instructions to be provided to the proposed appraiser(s): and (ii)the scope of services to CL be provided by the selected proposed appraiser. d. Completed Products. The County shall provide a copy of all due diligence > 0- products to DSL within three(3) business days after completion. C, CL M e. Reimbursement Requirements. At the time the County requests the CL reimbursement, the County shall furnish to DSL satisfactory evidence of payment of the Pre-Acquisition Costs and submit to DSL an affidavit signed by legal counsel for the County certifying that all Pre- Acquisition Costs were actual. reasonable, and legally incurred. 0 f. DSL's Real Estate Broker. The County understands and agrees that DSL may contract by separate agreement with a real estate broker to make offers on behalf of the Trustees to acquire parcels for the Trustees within the Projects for pre-determined amounts, perform document preparation in conjunction with DSL and title and closing service vendors, and arrange execution of conveyance documents for select parcels within the Projects. CL E 0 U 5. Appraisal Mapping. The parties acknowledge that DSL has provided certain maps for the Projects. The County assumes responsibility for providing at the Trustee's cost all additional appraisal 0- maps necessary or appropriate for use in preparing appraisals in compliance with the procedures and requirements set forth in section 253.025, Florida Statues, and Rule 18-1.006, Florida Administrative 2 Code. The appraisal maps shall be reviewed and approved by DSL before the County proceeds with C' appraisals. 6. Appraisals. a. Generally. The County will acquire at the Trustee's cost such number of � appraisals (including timber cruises as appropriate) as are required under the provisions of section Q 253.025(8),Florida Statutes, and Rule 18-1.006. Florida.4drl7inish•alii,e Code. b. Communication Protocol. In order to protect the integrity of the appraisal process and all of the parties to the proposed acquisition, a Communication Protocol will exist between all said parties and the selected appraiser(s). This Communication Protocol should be inserted into all appraisal contracts or appraisal agreements for the project. as follows: The selected appraiser(s) will be allowed, and encouraged, to communicate with and receive data from the property owners, their representatives. non-governmental organizations ("NGOS"), DSL personnel and other state or county agency personnel about all things pertaining to the subject property including physical characteristics. economic characteristics. surveys, inventories. timber data. crop production and yields, property sales in the area that the appraiser should know about: anything of a Page 3 of Packet Pg. 1300 factual basis that the appraiser should know relative to the value of the subject property, including what the owners believe the property is worth and why. The appraiser will not be allowed to discuss or communicate with the property owners, their representatives, N(]OS, non DSL appraisal bureau personnel, or other state or oounty agency personnel anything related to the appraiser(s) valuation of the subject property including techniques or methods of appraisal being considered or used. nor any xtudico, analysis, opinions or Conclusions regarding trends, adjustments or values being considered for or included in the appraisal report. Any discussions of this nature that the selected appraiser(s) want or need to have during the appraisal process will only be between the appraiser(s) and the selected fee reviewer, the Bureau of Appraisal Staff Appraiser assigned to the project and the DSL Chief Appraiser. Furthcr, report excerpts. sccdons, pm1iu| drubs. completed drafts or final reports will ' not be provided to any parties other than the oc\cc1cd fee reviewer. the Bureau of CL Appraisal Staff Appraiser assigned to the project and the DSL Chief Appraiser until �L the reports become available as public records as set forth in Chapter 110, Florida Statutes. Violation of the Communication Protocol may result in the appraisal(s) being disqualified for use in the proposed acquisition and may bcconsidered uhrcooh CL CL of ethical and standards obligations by the alleged offending appraiser(s). M CL C. Review. The County uhu|| provide ucnpy of all appraisals to DSL within three (l) business days uMcr the County`a receipt of completed appraisals. DSL. or its contract review 0 uppruiocr, will review appraisals obtained pursuant to this Agreement in accordance with all DSL standards and requirements. The reports and/or reviews will he forwarded 10 the County as each becomes uvui\uNz for its use in negotiating the purchase of the puruc|a. All appraisals prepared pursuant to this :2 .0 Agreement will comply with the procedures and requirements set forth in section 253.025(8), Florida Statutes, Rules 18-1.006 and .007. Florida Administrative ('uJc, and D8L`c Bureau of Appraiso|'s Supplemental Appraisal Standards. In addition. un affidavit Onm each appraiser shall be submitted prior CL to [)SL'o review of the appraisals certifying that the appraiser has no vested or fiduciary interest in the parcel(s) being appraised.Noparcel is eligible for negotiation and no appraisal eligible for reimbursement o as provided for herein un|cxy and until the appraiser and appraisals reports are approved by DSL. 7. N ions. lf the County elects to utilize state funds and have title vest in the name of the Trustees, then any negotiotiono with the owners of the parcels conducted by the County uhn\| be in CL strict compliance with this /\grcemon1, and in a manner that assures the most favorable price and terms for the Trustees. The County shall not begin negotiations until an approved negotiation miro1cgy has been provided by DSL. The County will notify DSL when negotiations begin and tcnninucc. At the conclusion of its involvement with the negotiations for u parcel. the County will provide DSL with u written summary uf all negotiations. including copies of written offers and counteroffeo. All contracts oroption agreements must be on DSL fhnno and approved by DSL. and. un|cox otherwise specified herein. mum numc thc Trustees as purchaser. The Trustees' legal nmnc is. "Board of Trustees of the Internal Q Improvement Trust Fund o[the State o[Floridu.^ In negotiating contracts or option agreements in which the Tnetcny are nmncd as puohuscr. County is advised that the Trustees will not pay any portion of the documcnimy stmnp tax or ad valorem rco| property taxes. nor do the Trustees have m1uiu1o[y uUkhoritv to enter into indemnity agreements or agree to |imhthe |ogu} or equitable remedies of the people of the State of Florida. In undertaking such negotiations,the County iu acting us u fiduciary for DSL and the Trustees. +^ 8. Limitations on Financial Responsibility. If the County elects to Utilize s(uic funds and have title vested in the name of the Trustees, then the Trustees' share of the purchase price for each parcel shall not exceed one hundred percent (100%) of the DSL approved purchase pricc, unless otherwise agreed to by DSL. or rcou|( in u total purchase price contribution from the County and 0lc Trustees that exceeds the maximum mnouu1 determined by the DSL approved negotiation strategy for the parcel in question (the -DSL Approved Value"). DSL reserves the right to revise the DSL Approved Value for any reason whatsoever until the duJc DSL or the Trustees approve o contract to purchase the parcel. which Page 4of8 G.2.a reasons may include, but are not limited to, issues raised by completed survey, changes in market conditions, zoning or and/or land use. The Trustees will pay no part of normal seller closing costs required by the contract. 9. Closings. For the closing of any parcel title to which will vest in the Trustees. DSL shall set the date, time, and place of closing, which may include mail out closings. The County and DSL agree that DSL will furnish and supervise title and closing services through one of its selected vendors. All closing documents, including but not limited to closing statements, the seller's title, possession, and lien affidavit certified to DSL and title insurer. and a seller's environmental affidavit, shall all be on DSL forms provided by DSL. DSL will approve or reject each item required for°closing under this Agreement. U) 10. ConfidentialitN'. Pursuant to Sections 253.025(8)(f) and 253.025(9)(d). Florida Statutes and Chapter 18-1. Florida Administrative Code.. County, on its behalf and on behalf of its employees and C, CL agents, warrants that it shall maintain the confidentiality of all appraisals. offers, counteroffers and other negotiation matters until an option agreement is executed, or if no option is executed, two weeks before a contract or agreement for purchase is considered for approval by the County or the Trustees. The County 0 may disclose such confidential information only to authorized personnel who sign a confidentiality CL agreement, the form of which is made part of this Agreement as Exhibit "B°". Requests to add authorized personnel must be made in writing, and the County must receive the written consent of DSL. All confidentiality requirements outlined above shall apply to all individuals added to the list. The County understands and agrees that all documents, papers, letters, maps, and other materials (collectively, "records") specifically relating to the acquisition of any parcels within the Projects by the Trustees will become public record (as defined in Chapter 119, Florida Statutes.) when an option agreement between the seller and the Trustees is executed, or if no option is executed, two weeks before a contract or agreement for purchase between the seller and the Trustees is considered for approval by the Trustees, and at that time all records of the County relating to the acquisition shall become public record and shall be subject to public review pursuant to the provisions of Chapter 119, Florida Statutes, in the same CL manner as are other public records. If an option contract or a contract or agreement for the purchase between the seller and the Trustees for a parcel within the Projects is not consummated, then as stated in 0 section 253.025(8)(f), Florida Statutes, DSL will determine when the passage of time has rendered the conclusions of value in the appraisal reports invalid and DSL will provide written authorization to the County as to when it may release the appraisal reports. DSL will require as a condition of recommending C approval of a purchase instrument by the Trustees, a certification that the County has maintained the 2 CL confidentiality of the appraisals, offers and counteroffers, and other negotiation matters. This certification shall be in the form of a letter signed by legal counsel for the County. In addition to other remedies provided by law, this Agreement may be terminated by DSL if the County fails to allow public access to any such records once they are no longer confidential. 11. Terms, and„pConditions of Transfer. If the County initially elected to acquire a parcel � with County funds" and the County secures an option to purchase or' agreement to purchase a parcel CN within the Projects, the County may still offer the Trustees the right to either- accept an assignment of the option or agreement from County or purchase that parcel from County subsequent to County's acquisition of the parcel. DSL on behalf of the Trustees shall have the absolute discretion for any reason or none at all to decline either an assignment or direct purchase from the County. or to choose whichever of the two options it deems best. The County understands that the Trustees and DSL must follow the requirements set forth in section 253.025. Florida Statutes, and Chapter- 18-1. Florida Administrative Code. in acquiring from County any right, title. or interest that County acquires and that any such acquisition of a parcel from the County must comply with all applicable laws.. rules and policies in effect at the time, and be subject to the approval of the Trustees. The County understands that any acquisition that does not strictly comply with the terms of this Agreement is conducted at the County's risk and neither the Trustees nor DSL are obligated to close on the parcel or reimburse the County for fiords expended. Page 5 of Packet Pg. 1302 G.2.a 12. Proiect Management. The County or its agent shall, no less than monthly or upon request by DSL. provide selected project information to DSL for each parcel acquisition covered by this Agreement. The selected project information and the format for delivery of that information to DSL shall be determined by DSL to assure consistency with current and proposed DSL data systems development. 13. Legislative Appropriation. The State of Florida's and the Trustees" performance and obligation to pay Linder this Agreement is contingent upon an annual appropriation by the Legislature. t 14.E Notice Provision. ca: C. CL -' CL t— To"DSL": To "County": Division of State Lands Monroe County Administrator 0 - t _ Attention to Division Director 1 100 Simonton StreetCL - i State of Florida Department of Key West. Florida 33040 CL _ Environmental Protection 305.292.4441 CL 3900 Commonwealth Blvd.. MS 1 15 G Tallahassee. FL 32399 Monroe County Attorney (850)245-2555 1 1 1 1 12TH Street. Suite 408 Kev West. Florida 33040 305.292.3470 15. Amendment. This Agreement may be amended from time to time in writing executed by both parties. CL 16. Termination. Notwithstanding any provision to the contrary, this Agreement shall E 0 terminate no later than June 30. 2025, unless extended by written amendment between the parties hereto. U Any pre-approved costs incurred by the County prior to this date will be reimbursed. Any costs incurred E 0 after the June 30,2025. will not be reimbursed. Either party may terminate this Agreement by delivering written notice of its intent to terminate to the other party sixty (60)days prior to the date of termination. 0 Any pre-approved costs incurred prior to the date of the termination notice will be reimbursed, and anyCL costs incurred after the date of the termination notice will not be reimbursed. r X APPROVED A r MONROE COUNTY, FLORIDA. FLORIDA DEPARTMENT OF FORM AND L a political subdivision of the ENVIRONMENTAL PROTECTION, :77 DIVISION OF STATE LANDS A TMENTATTORNEI CN CN By: _ By: E Callie DeHaven. Director AM ar' FIG{flt Jr Printed/Typed Name BOARD OF COUNTY COMMISSIONERS As its: COWE� hAX11 if11✓1"7" ' OF MONROE COUNTY, FLORIDA ® ram® Title 1 3 By: _ Mayor/Chairman • _ p Approved as to form and legal sufficiency (SEAL) for reliance by Monroe County only. .. Attest: KEVIN MADOK, CLERK Robert B. Shillinger, Monroe County Attorney Page 6 of 8 Uigndlly ttg en by Robertr.Shi onror 1 Robert B. S h i l l i n g e r Co cn-Hohert H.ShiOmger.o=Monroe County dOCC ou=Monr County Auamey,email=shdGnger6ob.monroecounry.fl.gov US Mte 2022.04.05 15 43 39 04'00 y Deputy Ulerk Packet Pg. 1303 Exhibit^A- Parcels within the prQject boundary for the Florida Keys Ecosystem, Coupon Bight/Key Deer. and North Key Largo Hammocks Florida Forever Projcuts. CL 0. 0. CL � Page 7o[0 G.2.a Exhibit"B" Confidentiality Agreement The undersigned County staff agree to maintain the confidentiality of appraisal information and negotiations concerning the parcels identified in the Memorandum of Agreement between County and the Board of Trustees of the Internal Improvement Trust Fund for those parcels, as required by section 253.025, Florida Statutes_ and Chapter 18-1. Florida Adininharalive Code, and by this Confidentiality Agreement. DATE 0 PRINTED NAME SIGNATURE SIGNATURE Title MONROE COUNTY STAFF CL ............. . .. ............... ...... CL Roman Gastesi � .- County Administrator , N° a� y Kevin WilsonCL Assistant County Administrator 1CL Bob Shillinger ' CL I �. W County Attorney i "" a Patricia Eables _ 2,/;Z" Assistant County Attorney o Brian Bradley Public Records and Risk Manager Lisa Tennyson w " 0 .� Legislative DirectorCL Emily Schemper 12,) 7- Sr. Director Planning and 0 Environmental Resources �., "� �-� � .." ...... ....... ......... Cynthia Guerra f Acquisition Manager t s „il ition Cioffari Cheryl I C• Assistant Planning Director 0. a " "` X Assistant Director Michael Roberts W mm, � Environmental �, :� Resources °;�°� 0� cv Elizabeth Bergh �� r C14 Land Steward i � � MONROE COUNTY LAND AUTHORITY STAFF r Christine Hurley U Executive Director � L Mark Rosch Sr. Property Acquisition Specialist Dina Gambuzza4 Office Manager Greg Oro eza p Es q• .",• a" Land Authority Counsel Page 8 of Packet Pg. 1305 GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN p W . A DATE: July 13, 2022 C TO: Christine Hurley > 0 Executive Director C. C, M CL ATTN: Dina Gatnbuzza Office Manager 0 FROM: Pamela G. Hancock, D.C. SUBJECT: June 15'BOCC Meeting Enclosed is an electronic copy of the following item for your handling: CL 0 F1 2'Amended and Restated Interlocal Agreement between Monroe County Land U Authority and Monroe County regardi ig the adniiiiistration of Land Acquisition and Management 0- Programs. Should you have any questions,please feel free to contact me at (305) 292-3550. CL 0 x U) E 0 c� CN cN cN cc: County Attorney Finance c� File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1306 G.2.b SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY LAND AUTHORITY AND THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY REGARDING THE ADMINISTRATION OF LAND ACQUISITION PROGRAMS THIS SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT is made and entered into this 15th day of June, 2022 by and between the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter "MCLA") and the BOARD OF COUNTY COPISSIONES, a political subdivision of the State of Florida (hereinafter"BOCC"). WHEREAS, MCLA and the BOCC entered into that certain Interlocal Agreement Between the Monroe County Land Authority and the Board of County Commissions of Monroe County Regarding the Administration of Land Acquisition Programs ("ILA") on July 21, 2021; and WHEREAS, MCLA and the BOCC amended Interlocal Agreement between the Monroe County Land Authority and the Board of County Commissioners of Monroe County regarding the Administration of Land Acquisition Programs("ILA")on September U 15, 2021; and E 0 L_ 4- WHEREAS, MCLA and the BOCC wish to enter into this 2"d Amended and Restated Interlocal Agreement, to be consistent with Chapter 2022-75, Laws of Florida (Senate Bill 442) which amended Section 380.0666, Powers of land authority, by adding a new power as follows: (3) (c) To assist the county in which it is located in the administration of state and federal grants awarded to the county for residential flood and sea-level rise mitigation projects, including grants for the elevation of structures above minimum flood elevations; the demolition and reconstruction of structures above minimum flood elevations; and the acquisition of land with structures at risk of flooding.; and WHEREAS, Section 380.0674 (2) Florida Statutes, indicates a "land authority created by a county in which one or more areas have been designated as an area of critical state concern for at least 20 consecutive years prior to removal of the designation shall continue to exist and exercise all powers granted by this chapter until terminated by law or action of the governing board pursuant to subsection (1)"and therefore,termination of this , agreement is being changed from termination of the Florida Keys Area of Critical State Concern designation to be consistent with this section and tied to a future action by the N Governing Board. Q NOW, THEREFORE, in consideration of the terms, conditions and covenants d' E hereinafter provided,the Parties agree as follows: Packet Pg. 1307 G.2.b SECTION 1 -RECITALS: The above recitals are true and correct and are incorporated herein by reference. The parties intend for this Agreement to address program administration of acquisition programs described below. A SECTION 2-ADOPTION:The interlocal agreement between MCLA and BOCC dated September 15, 2021, is hereby repealed, and replaced by this Second Amended and Restated Interlocal Agreement. This agreement shall terminate upon action by the governing board, pursuant to Section 380.0674 (2), Florida Statutes. SECTION 3 - PROGRAMMING: MCLA's administration will include grant management of the BOCC programs outlined below (hereinafter the "Programs"), including, but not limited to seller and/or buyer coordination; negotiating purchase and L- sale agreements; ordering due diligence products on behalf of the BOCC including but 4-, not limited to appraisals, boundary surveys, environmental assessments and any other inspections required in order to facilitate the BOCC's acquisition; and ordering closing services, title commitments, and title insurance policies on behalf of the BOCC. The MCLA staff shall be responsible for preparing all agenda items necessary to accomplish the purposes of this agreement, including but not limited to agenda items requiring BOCC approval. MCLA staff shall coordinate with BOCC staff as to placement on the E appropriate segment of the BOCC portion of the agenda. Lands acquired under said Programs shall be purchased with funds from either the BOCC or the referenced grant 0- 4- Programs and shall be titled in the BOCC. MCLA's administration shall include land stewardship activities pursuant to Program IV below when the acquired properties are suited for management as conservation land. Otherwise, the BOCC agrees to maintain the acquired properties and MCLA's administration shall include coordinating with BOCC staff (Facilities Maintenance, Parks and Beaches, or Project Management) regarding maintenance activities such as mowing,trash removal, etc. when needed. U) PROGRAMS: I. Less Than Fee Acquisition Program: This is a less than fee acquisition program to retire the rights to build dwelling units where the subject lot is owned by the adjoining homeowner. II. Density Reduction Acquisition Program: This is a fee simple acquisition program for those lots that are not suited for management as conservation land. The program was established to retire the rights to build dwelling units on said lots pursuant to the 2016 Interlocal Agreement between MCLA and the BOCC. N N Density Reduction Resale Program: A program to resell Density Reduction Lots (lots not suited for management as conservation land) subject to deed restrictions prohibiting development with dwelling units. III. Conservation Land Stewardship Program: This is a program to manage conservation lands using the Monroe County Environmental Land Management Packet Pg. 1308 G.2.b and Restoration Fund (Fund 160, aka MCELMRF), a non-ad valorem fund established pursuant to BOCC Resolution 149-2022. Said lands consist of conservation lands owned by the BOCC, conservation lands leased to the BOCC by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, and conservation lands owned by MCLA. IV. Community Development Block Grant Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program: This is a program to purchase and demolish improved properties that were damaged during Hurricane Irma and to acquire the associated ROGO exemptions pursuant to BOCC Resolution 150-2020, thereby amended on March 17, 2021. Properties acquired under this program must be maintained for open space, recreation, or stormwater management. V. Hazard Mitigation Grant Program (HMGP) Acquisition and Demolition; 0 Elevation: This is a program to purchase and demolish improved properties that were damaged during Hurricane Irma, to acquire the associated ROGO exemption, and to maintain the acquired properties as open space or to Elevate Existing Structures above minimum flood elevation requirements funded by Federal Emergency Management Agency (FEMA). Flood Mitigation Assistance (FMA)Acquisition and Demolition;Elevation: This is a program to purchase and demolish improved properties that were damaged 0 during Hurricane Irma or other flood events, to acquire the associated ROGO E exemption, and to maintain the acquired properties as open space or to Elevate Existing Structures above minimum flood elevation requirements funded by Federal Emergency Management Agency (FEMA). g VI. Florida Forever Program: MCLA will coordinate with Florida Department of Environmental Protection (DEP) and Department of Economic Opportunity (DEO) regarding the State's acquisition of property within Florida Forever projects. MCLA will serve as the BOCC's agent in implementing the 2017 Memorandum of Agreement,as subsequently amended, between Monroe County and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and will assist DEP in identifying willing sellers within Florida Forever projects. Nothing in this agreement shall prevent the MCLA from working cooperatively with the DEP on acquisitions of qualifying properties under the existing statutes, regulations,and ordinances governing land acquisitions by both entities. VII. Code Compliance Foreclosure Lot Coordination: After the B.O.C.C. has acquired title to a lot either through a deed in lieu of foreclosure or through court action 0 arising from a Code Compliance Lien,the MCLA may assist in management of a en lot if it will be classified as conservation lots, preserved as density reduction lots, or resold after removal of development rights in accordance with the programs described above managed by the MCLA. N N E c� Packet Pg. 1309 G.2.b The following procedures apply for the reimbursement of staff time spent on programs listed in Section 3: E MCLA responsibilities include: A. In accordance with the ILA and this Amendment, MCLA agrees to assist the County in implementation of the CDBG-DR VHBO and HMGP & FMA by providing associated services needed to fulfill the Subrecipient Agreement responsibilities in implementation of the Programs including but not limited to developing procedures, assisting with procurement, construction, underwriting administration, deed restriction development, real estate instrument development, title reviews, recording, etc. B. In accordance with the ILA and this Amendment, MCLA agrees to assist the '0 County in implementation of the programs of the Interlocal by providing services needed to fulfil grant administration. County responsibilities include: A. The County agrees to reimburse the MCLA at 100% the actual cost of salary, as well as FICA taxes, withholding taxes, state and federal unemployment taxes, and U retirement benefits for program management and administration for the CDBG-DR, 0 HMGP, and FMA programs, in accordance with State and Federal Program regulations. g B. The County shall provide payment under this Agreement on a cost reimbursement basis only and only after the granting agency reimburses the County for the expenses incurred. C. Reimbursement shall be made quarterly based on the MCLA's submission and the County's approval of a quarterly invoice. Payment shall be made in accordance with the Florida Local Government Prompt Payment Act. The MCLA agrees to provide the County with documentation of all staff hours expended each pay period on a form prescribed by the County. The County may require documentation of expenditures prior to approval of the invoice and may withhold payment if services are not satisfactorily completed or the documentation is not satisfied. Any payment E due or any approval necessary under the terms of the Agreement may be withheld until all evaluation and documentation expenditures due from the MCLA and necessary adjustments thereto, have been approved by the County. However, the County agrees to use due diligence in approving and to proceed with a sense of urgency and priority in making reimbursement to the MCLA. N N D. The County shall only reimburse those reimbursable expenses that are reviewed and approved as complying with any and all grant agreements and those expenses that have been reimbursed by the granting agency to the County. 11a ge 4 of Packet Pg. 1310 G.2.b E. After the Clerk of the BOCC examines and approves the request for reimbursement, the BOCC shall reimburse MCLA. F. Reimbursement by the County shall be made to the MCLA at the following address: Monroe County Land Authority Office 1200 Truman Avenue, Suite 207 Key West, FL 33040 0 G. The payments from the County to the MCLA made pursuant to this Agreement are sourced from reimbursement from the granting agencies. SECTION 4 - FINANCING: The BOCC will continue to handle the financial services 0 and funding (including, but not limited to: budgeting, purchasing/bids/procurement, payment to vendors and applicants,and auditing)for the Programs referenced above. The current funds include: Fund 316 Acquisition Fund; Fund 160 Monroe County Environmental Land Management and Restoration Fund (MCELMRF); CDBG-DR; HMGP; and FMA. The Clerk of the Court will continue to issue vendor payments. and BOCC FTE payroll. The Clerk will maintain BOCC financial statements including E annual single audit report and audit function of BOCC. U 0 SECTION 5—EMPLOYMENT:The positions referenced below will be BOCC payroll positions and to the extent not funded by the referenced grants, will be funded by the g BOCC, as long as the persons currently within the positions remain employed in that E position. Such funding shall include all ancillary funding necessary for such employee, including, but not limited to office space, technology, cell phone, insurance benefits, retirement benefits and vehicle(s) necessary to implement each position. Additionally, MCLA Executive Director, to the extent possible, will bill the grant Programs for time expended by the MCLA Executive Director. When grant funds are no longer available to fund personnel services, BOCC will continue to fund the positions, subject to annual appropriation, unless otherwise agreed to. STAFFING: POSITION NUMBERS: E Land Steward GMGM-005 Land Steward Assistant GMENV-020 0 Land Steward Assistant GMENV021 Acquisition Manager GMPLN-032 Mitigation Administrator GMBLG-053 N c� The positions listed above will be managed by and report to the MCLA Executive Director, according to the BOCC adopted Personnel Policies and Procedures (PPP), as may be amended from time to time, as well as the Career Service Council Act and E corresponding rules and regulations. In the case of any suspension,discharge,reduction in pay,or demotion of such employees,the Executive Director shall be required to obtain 5 of 8 Packet Pg. 1311 G.2.b County Administrator approval with a review by the Employee Services Director and County Attorney to assure the Executive Director followed the PPP. SECTION 6: Any new positions that will be added will be MCLA positions. If, at any time, any of the employees currently occupying the positions listed above leaves the position or separates from employment with Monroe County, the position will from that point forward be an MCLA employee, and MCLA will be the employer for all purposes for that position. In this case,the parties will work in good faith to amend this agreement to fund the position appropriate to the program. For each of the five (5) positions listed above, while the position is held by a BOCC employee but managed by the MCLA Executive Director, MCLA agrees to indemnify L- and hold harmless the BOCC for any and all employment claims filed by the employee 4-, arising out of the employment, including but not limited to: workers' compensation; unemployment; and any claims arising out of federal, state or local laws including but not limited to alleged violations of Americans with Disabilities Act as amended, Title VII, and Section 504 of the Rehabilitation Act of 1973, to the extent the costs of such claims exceed any insurance coverage provided to the MCLA through the County. The term "claim" shall include liability or potential liability for wages and all other forms of E damages, as well as attorneys' fees and costs. 0 L- As long as BOCC funded employees are assigned work under the MCLA pursuant to this Section, the parties shall review this section no later than July 1 of each year to determine if any BOCC funded positions should be transitioned to the MCLA. The E parties shall work cooperatively to seek any legislative changes to the MCLA enabling statute and/or ordinance that are necessary to formalize the transfer of the BOCC funded positions and programs to the MCLA. U) SECTION 7 - GIS SERVICES: The BOCC will provide GIS services related to land acquisition, and access and maintenance of related GIS layers. In addition, the BOCC will continue to support and provide access to systems, files, and data bases to support the Programs, including but not limited to Alchemy, Community PLUS, county data servers and file directories, and permitting software platforms. SECTION 8 - EXECUTIVE DIRECTOR VEHICLE: The BOCC will transfer vehicle 1001/9384 vehicle to the MCLA. The MCLA will pay the maintenance, repair, and replacement cost of the vehicle by invoice. SECTION 9 - MISCELLANEOUS: N I. Modifications to this Agreement shall be valid only when reduced to writing and `� duly signed by all parties. If any term or provision of this Agreement shall be invalid or unenforceable to any extent, the parties agree to comply with the remaining terms and provisions, unless compliance with the remaining terms and provisions would prevent the accomplishment of the original intent of the agreement between the parties. Either party may terminate this Agreement at any Packet Pg. 1312 time,with or without cause. Termination shall take effect upon receipt of written notification by a party to the other party. —E 11. Notification under this Agreement shall be made by hand delivery, U.S. certified 0 A mail, return receipt requested, or an express mail with proof of delivery. CL Notification by a party shall be delivered as follows: CL Monroe County Administrator > 0 1100 Simonton Street Key West, FL 33040 W Monroe County Attorney I I I I 12th Street, Suite 408 0 Key West, FL 33040 0 Monroe County Comprehensive Plan Land Authority Executive Director 1200 Truman Avenue, Suite 207 Key West, Fl,33040 Gregory S.Oropeza, Esquire, Attorney for Monroe County Land Authority E 0 221 Simonton Street U E Key West, Fl,33040 0- 4- SECTION 10—EFFECTIVE DATE: .2 CL E This amendment shall become effective on July 1,2022. X W WHEREOF,the parties hereto have caused this Agreement to be ek cuted *,(d W officials thereto duly authorized. ,offi J U) K *,+AADOK,CLERK MONROE COUNTY BOARD OF E COUNTY COMMISSIONERS 0 By: As Deputy Clerk Mayor D CN C14 a C14 E lag '7 f 8 Packet Pg. 1313 APPROVED FOR FORM AND LEGAL SUFFICIENCY FOR RELIANCE BY THE MONROE COUNTY B.O.C.C. ONLY: E 0) A Digitally signed by Robert B.Shillinger DN:Rhen B.Shillinger,-B.O.C.C.of Monroe CL Robert B. Shillinger County, ..ty.FL.o—County Attorney,email=shflhnger� CL bobarnonn—ounty-fi.gov,cmUS t FOY., Date:2022.06.16 11:34:29-0400' .......... obert B. Shillinger, County Attorney 0 CL CL CL w MONROE COUNTY V 0 COMPREHENSIE PLAN LAND AUTHORITY By: Date:......... ............. . Christine Huey.'Executiv ............. ---rctor Dav2TP. Rice, ChaiChairmanire CL E 0 U APPROVED FOR LEGAL SUFFICIENCY: E 0 L_ 4— By: .......... Gregory S. Oropeza, Esquire E 0 E 0 N E Packet Pg. 1314 G.2.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD CONTRACT CONTRACT NO. PL487 This Contract is entered into between the Florida Department of Environmental Protection(Department)and S.F.Holden, Inc., 8259 North Military Trail, Suite 10,Palm Beach Gardens,FL 33410(Contractor),a Florida Profit Corporation. NOW,THEREFORE,the parties agree as follows: A 1. Scope of Work. The Contractor shall provide professional appraisal and other valuation services,as described more fully in Attachment 3, Scope of Work. 2. Duration. 0 a. Term. The Contract shall begin on September 26,2020 and continue until September 25,2026,unless otherwise terminated. b. Renewals.This Contract shall not be renewed. W 3. Contract Managers. ,0 Department's Contract Manager Contractor's Contract Manager Name: Jay F. Scott Name: Philip M.Holden or successor or successor Address: 3900 Commonwealth Boulevard Address: 8259 North Military Trail Bureau of Appraisal,MS4110 Suite 10 0 Tallahassee,FL 32399-3000 Palm Beach Gardens,FL 33410 E Phone: (850)245-2658 Phone: (561)626-2004 U Email: Jay.F.Scott(a-),dep.state.fl.us Email: phil(a),sfholden.com 0- 4- 4. Attachments and Exhibits. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: X © Attachment 1: Standard Terms and Conditions for Noncompetitively Procured Contracts © Attachment 2: Special Terms and Conditions 0 Attachment 3: Scope of Work 0 Attachment 4:Public Records Requirements 0 Attachment 5:Price Sheet c� ❑ Attachment 6:Technology Standards ❑ Attachment 7: Contractor's Proposal(RFPs Only) 00 ❑ Attachment 8: Contractor's BAFO(ITNs Only) ❑ Additional Attachments(if necessary): ❑ Exhibit A: General Contract Conditions—PUR 1000 ❑ Exhibit B: Subcontractor Utilization Report Form E © Exhibit C: Contractor Affidavit/Release of Claims Form ❑ Exhibit D: Quality Assurance Requirements for Contracts ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): Contract No.PL487 1 of 2 Rev.7/8/2020 Packet Pg. 1315 5. Compensation. a... As consideration for the services rendered by Contractor under the terins of this Contract,the Depaiftntent shall pay the Contractor on a fixed price basis up to a maxitnum of$250,000.00 for the completion of services as specified in the Scope of Woric b. The Department shall not reirnburse the Contractor for any costs incurred in the performance of this Contract. c.. ]Department shall authorize all work.assignments by'Fask Assignment Notification Fonn(YA)or Task.Assignment Change Order,Form(TACO). d. Contractor,or its subcontractors if authorized under this Contract,shall not commence work,until either a TMIFACO has been fully executed, by both.Departnmeat and Contractor. 2A e. In the event services are required that are-within the general description of the Scope of Work, but are not specifically identified by name,time Department and Contractor reserve the right,to negotiate'Cask Assignments covering CL CL perforniance of those required services only if there is established pricing in the Contract and such services do not M expand the Scope of Work. f, Release of Claims.Upori payrrientBor satisfactory completion of any ry tf > ............................................................................ portion of the sei ices performed, ie Contractor 0 L_ shall execute arid.deliver to the Department a re�ease of all claims against,the Department arising under,or by virttie of, CL CL the services,except,clairns Mdch are sll:)ecifically exenipted by the Contractor to be set farth therein using Exhibit C, M Contractor Affidavit/Release ofCfaims Form. Receipt by the Departnient of the Contractor's Release is a condition of CL W final payment ander 1his Contract. tJnless otherwise provided in this Contract, by State law or offierwise expressly agreed to by 6e parties 1.0 this Contract,,final payntero.or settlement upon termination orthis Contract shall not 0 constitute a release or waiver of tine Department's claims against the Contractor,or the Contractor's suirefies, 4- ,subcontractors,successors or assigns under this Contract or as against applicable performance and pay:iuent bonds, IN W11NEISS WHERE OF, this Contract shall be effective on the date indicated above or the last date signed below, whichever is later. FLORIDA:IV EPAR,rMENT OF ENVIRONMENTAL S.F.HOLDEN,INC. PROTECTION E 0 By: By: L E (Authorized Signature) Secretary or Designee 0- 4- Septerinber 17,2020 V CL . ..... ........ E Date Signed Date Signed 0) X W PMip M. HoIden; Preddent, S. IF. IHoVduin, Inc. e 0a e/we Print Name and Title of Person Signing Print Name and Titic of Person.Signing '00 M MID No.59..-fl 033342 0 Additional signatures attached on separate page, X W 00 CL E Contract No.PL487 2 of 2 Rev.7/8/2020 Packet Pg. 1316 G.2.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Terms and Conditions for Noncompetitively Procured Contracts ATTACHMENT 1 1. Entire Agreement. This Contract,including any Attachments and Exhibits referred to herein and/or attached hereto,constitutes the entire 0 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 Contractor's forms or CL invoices shall be null and void. 2. Contract Administration. a� a. Order of Precedence.If there are conflicting provisions among the documents that makeup the Contract,the order of precedence for interpretation of the Contract is as follows: C, i. Standard Contract M ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Contract CL iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Contract b. All approvals,written or verbal,and other written communication between the parties,including all notices,shall — be obtained by or sent to the parties' Contract Managers.All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when i? receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered 0 delivered at the earliest delivery time. c. If a different Contract Manager is designated by either party after execution of this Contract,notice of the name 0 and contact information of the new Contract Manager will be submitted in writing to the other party and maintained in the respective parties'records.A change of Contract Manager does not require a formal amendment U or change order to the Contract. E d. This Contract may be amended only by a written agreement between both parties.Amendments shall be based on L_ availability of funding. A change order may be used when there is (1) a change in the subcontractor or approval a of subcontractors, (2)changes in deliverables due dates that do not change the overall Contract term or increase .2 in the deliverable price or Contract amount, or (3) changes in the price of an individual deliverable in cost C' E reimbursement Contract when the overall Contract amount does not change. All other changes shall be done through a formal amendment. e. There is no minimum amount of work guaranteed as a result of this Contract. Any and all work assigned will be at the sole discretion of the Florida Department of Environmental Protection("Department"). f. The Department reserves the right to suspend or terminate any portion of this Contract or any other contract with 0 the Department,if the Department and Contractor(or any of its affiliates or authorized subcontractors)are adverse in any litigation, administrative proceeding or alternative dispute resolution. The suspension may last until such 0 adverse relationship is resolved either by agreement or by final non-appealable order of acourt. g. All days in this Contract are calendar days unless otherwise specified. 0 3. Contract Duration. W a. Term. The term of the Contract shall begin and end on the dates indicated in the Standard Contract, unless II extended or terminated earlier in accordance with the applicable terms and conditions. b. Renewals. Any renewals provided under the Contract must meet the requirements of Section 287.058(1)(g), CL Florida Statute(F.S.),which is incorporated herein by reference. If the Standard Contract indicates renewals are available, the contract may be renewed for those timeframe(s). All renewals are contingent upon satisfactory performance by Contractor.Renewals may be for the entire period or in increments. E c� 4. Deliverables. � The Contractor agrees to render the services or otherwise provide deliverables as set forth in Attachment 3, Scope of Work and as otherwise set forth in this Contract. The services and/or deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Contract.Deliverables may be comprised of activities that must be completed prior to the Department making payment on that deliverable. 5. Performance Measures. 1 of 12 Rev.7/8/20 Packet Pg. 1317 G.2.c The Contractor warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Scope of Work; (3)Any and all such equipment,products or materials necessary to perform these services, or requirements shall be supplied by the Contractor; (4)the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (5)the services shall not infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(6)its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes for work done at the Department or other location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by the Contractor meet the Contract 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. C, 6. Warranty of Ability to Perform. C The Contractor warrants that,to the best of its knowledge,there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the 0 Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is CL currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes,or on any similar C, list maintained by any other state or the federal government.The Contractor shall immediately notify the Customer in M CL writing if its ability to perform is compromised in any manner during the term of the Contract. 7. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by the Department's Contract Manager before payment. If the Department's Contract Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. c3 b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Scope of Work,as incomplete,inadequate,or unacceptable due,in whole or in part,to the Contractor's lack of satisfactory performance under the terms of this Contract. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Scope of Work 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 C' acceptable to the Department in accordance with the Contract requirements. The Department, at its option,may 0 allow additional time within which the Contractor may remedy the objections noted by the Department. The E Contractor shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a 0- reasonable timeframe.The Contractor's efforts to correct the rejected deliverables will be at the Contractor's sole 4- expense. The Contractor's failure to make adequate or acceptable deliverables after a reasonable opportunity to g do so shall constitute an event of default. C, 8. Financial Consequences for Nonperformance. E a. Withholding Pam In addition to the specific consequences explained in the Scope of Work and/or Special x Terms and Conditions, the State of Florida(State)reserves the right to withhold payment when the Contractor has failed to perform/comply with provisions of this Contract. None of the financial consequences for nonperformance in this Contract,as more fully described in the Scope of Work,shall be considered penalties. b. Corrective Action Plan. If the Contractor fails to correct all the deficiencies in a rejected deliverable within the specified timeframe,the Department may, in its sole discretion,request that a proposed Corrective Action Plan c3� (CAP)be submitted by the Contractor to the Department. The Department request that the Contractor 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. X i. The Contractor shall submit a CAP within ten(10)calendar days of the date of the written request I� from the Department. The CAP shall be sent to the Contract Manager for review and approval. 00 Within ten(10) calendar days of receipt of a CAP, the Department shall notify the Contractor in CL writing whether the proposed CAP has been accepted. If the CAP is not accepted, the Contractor shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above may result in the Department's termination of this Contract for cause as authorized in this Contract. ii. Upon the Department's notice of acceptance of a proposed CAP,the Contractor shall have ten(10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Contractor of any of its obligations under the Contract. In the event the CAP fails to correct or eliminate performance deficiencies by Contractor, the Department shall retain the right to require additional or further remedial steps,or to terminate this Contract for failure to perform. No actions approved by the Department or steps taken by the 2of12 Rev.7/8/20 Packet Pg. 1318 G.2.c Contractor shall preclude the Department from subsequently asserting any deficiencies in performance. The Contractor shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department's Contract Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Contract as specified by the Department may result in termination of the Contract. 9. Payment. a. Payment Process.Subject to the terms and conditions established by the Contract,the pricing per deliverable,and the billing procedures established by the Department,the Department agrees to pay the Contractor for services CL rendered in accordance with Section 215.422, F.S. Contractor shall submit invoices to the Department within C thirty (30) days after the date of the Department's written acceptance of each interim deliverable or the final deliverable specified in the Scope of Work. Invoices and the appropriate documentation shall be submitted via email to the Department's Contract Manager. Contractor's failure to submit invoices within this timeframe may CL result in forfeiture of retainage suspension or termination of remaining work,or the Contractor's forfeiture of any C, unpaid balance for such deliverables. M CL b. Vendor Rights. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Contractors who may be experiencing Problems in obtaining timely payment(s)from state agencies.The vendor Ombudsman may be reached at(850)413-5516. 0 c. Taxes. The Department is exempted from payment of State sales and use taxes and Federal excise taxes. The Contractor,however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes, or for payment by the Contractor to suppliers for taxes on materials used to fulfill its contractual obligations with the Department. The Contractor shall not use the Department's exemption number in securing such materials.The Contractor shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Contract. d. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department C' pursuant to the Scope of Work shall be submitted to the Department in sufficient detail for a proper pre-audit and post-audit to be performed.The Contractor shall only invoice the Department for deliverables that are completed E in accordance with the Scope of Work. 0- e. Multiple Payment Request. Contractor's submitted invoice shall represent a full account of the work done during 4- each invoice period, and include all fees and costs claimed for work done during that period. Department's g payment of an invoice shall constitute full payment and a final settlement of all of Contractor's claims for services CL provided during the invoice period.No subsequently asserted claims or invoices for services performed during a E previously invoiced period will be payable by the Department. X f. Interim Payments. Interim payments may be made by the Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by the Department's Contract Manager. g. Final Payment Request.A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Contract to ensure the availability of funds for payment. X� However,all work performed pursuant to the Scope of Work must be performed on or before the completion date c3 of the Contract. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Contract is 0 0 contingent upon an annual appropriation by the Legislature. Authorization for continuation and completion of x work and any associated payments may be rescinded,with proper notice, at the discretion of the Department if I� the Legislature reduces or eliminates appropriations. 00 0 i. Interest Rates.All interest rates charged under the Contract shall be calculated on the prevailing rate used by the State Board of Administration. Interest payments of less than$1 will not be issued unless Contractor requests such payment. To obtain the applicable interest rate, please refer to: http://www.Myfloridacfo.comn Division/AA/Vendors/def,lult.htm. j. Limitation on Pam Contractor shall not be compensated for services performed prior to execution of this Contract,for services performed following its expiration,termination,or suspension,nor for services that exceed the funding amount specified herein or in any amendment to this Contract. It is the Contractor's responsibility to know when the authorized compensation amount of the Contract will be reached. Contractor shall not perform, nor be compensated for,any services beyond the services described in the Scope of Work. 10. Documentation Required for Cost Reimbursement Contracts. If Cost Reimbursement is authorized in the Standard Contract, the following conditions apply. To be eligible for reimbursement,costs and supporting documentation must be in compliance with laws,rules,and regulations 3of12 Rev.7/8/20 Packet Pg. 1319 G.2.c governing agreements for services,including,but not limited to,the Reference Guide for State Expenditures,which can be accessed at the following web address:http://www.mvfloridacfo.com/aadir/reference uide/.Invoices for cost reimbursement shall be supported by an itemized listing of expenditures by category (salary, travel expenses, etc.). Supporting documentation must indicate that the item was paid and indicate the date of service. 11. Preferred Pricing Clause. If this Contract incorporates the PUR 1000, section 4.(b), and it is applicable, or other preferred pricing clause,the Contractor must submit an affidavit, at least annually, attesting that Contract is in compliance with the preferred- pricing clause. 12. Changes. The Customer may unilaterally require,by written order,changes altering,adding to,or deducting from the Contract CL specifications,provided that such changes are within the general scope of the Contract. The Customer may make an C equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise,the Customer may solicit separate bids to satisfy them. CL 13. Retainage. C. The following provisions apply if the Department withholds retainage under this Contract: M CL a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Contract up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Reaainage may be withheld from each payment to Contractor, pending satisfactory completion of work and 0 approval of all deliverables. b. The Department reserves the right to withhold payment of retainage for Contractor's failure to respond to or c3 correct identified deficiencies within the timeframe stipulated in the Scope of Work.The Department shall provide written notification to Contractor of identified deficiencies and the Department's intent to withhold retainage. a� Contractor's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will result in forfeiture of retainage by Contractor. c. If Contractor fails to perform the requested work,or fails to perform the work in a satisfactory manner,Contractor C' shall forfeit its right to payment for the work and the retainage called for under the entire Scope of Work. Failure 0 to perform includes,but is not limited to,failure to submit the required deliverables or failure to provide adequate E documentation that the work was actually performed. 0- d. No retainage shall be released or paid for incomplete work while this Contract is suspended. - e. Except as otherwise provided above, Contractor shall be paid the retainage associated with the work, provided g Contractor has completed the work and submits an invoice for retainage held in accordance with the invoicing CL procedures under this Contract. E 14. Insurance. a. Proof of Insurance. Upon execution of this Contract,the Contractor shall provide the Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of 0 any work under this Contract.Upon receipt of written request from the Department,the Contractor shall furnish :2 the Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- 0 insured authorization,or other certification of self-insurance. b. Deductibles.The Department shall be exempt from,and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the a� Contractor providing such insurance. x c. Duty to Maintain Coverage.In the event that any applicable coverage is cancelled by the insurer for any reason, II or if Contractor cannot get adequate coverage,the Contractor shall immediately notify the Department of such 00 cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide CL proof of such replacement coverage within ten(10)days after the cancellation of coverage. d. Insurance Requirements for Sub-Contractors.Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract,regardless of whether the Department has approved such subcontract or subcontractor. Any subcontracts made under or in performance of this Contract must include the same conditions specified in this Contract, and shall include a release of any rights, claims or liabilities against the Department. The level of insurance to be carried by subcontractors performing work under this Contract shall be at the discretion of Contractor. 15. Termination. a. Termination for Convenience. When it is in the State's best interest,the Department may,in its sole discretion, terminate the Contract in whole or in part by giving thirty (30) days written notice to the Contractor. The Department shall notify the Contractor of the termination for convenience with instructions as to the effective 4of12 Rev.7/8/20 Packet Pg. 1320 G.2.c date of termination or the specific stage of work at which the Contract is to be terminated. The Contractor must submit all invoices for work to be paid under this Contract 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 Contract if any of the events of default described in the Events of Default provision below occur or in the event that the Contractor fails to fulfill any of its other obligations under this Contract. If, after termination, it is determined that the Contractor 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 a� been issued for the convenience of the Department.The rights and remedies of the Department in this clause are in addition to any other rights and remedies provided by law or under this Contract. C, c. Contractor Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination, C unless otherwise directed by the Department, the Contractor shall not furnish any service or deliverable on the date,and to the extent specified,in the notice.However,the Contractor shall continue work on any portion of the y Contract not terminated. If the Contract is terminated before performance is completed,the Contractor shall be CL paid only for that work satisfactorily performed for which costs can be substantiated. The Contractor shall not be C, entitled to recover any cancellation charges or lost profits. M CL d. Continuation of Prepaid Services.If the Department has paid for any services prior to the expiration,cancellation, or termination of the Contract, the Contractor shall continue to provide the Department with those services for which it has already been paid or, at Department's discretion,Contractor shall provide a refund for services that 0 have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Contract. If services provided under the Contract are being transitioned to another provider(s),the Contractor shall assist in the smooth transition of Contract services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Scope of Work. The Contractor shall not perform any services after Contract expiration or termination,except as necessary to complete the transition or continued portion of the Contract,if any. C' 16. Step-in Rights. 0 If the Contractor is in material breach of its obligation to perform any of the services under the Contract and fails to E remedy such breach within ten(10)days after written notice of the breach from the Department,the Department, at 0- its sole discretion,shall have the right to"step-in"(i.e.perform the work itself)or hire another contractor to perform 4- these services.Contractor shall be liable to the Department for any fees or expenses that the Department may incur in g exercising its step-in rights or securing a substitute provider to assume completion of those services. CL 17. Notice of Default. E If the Contractor defaults in the performance of any covenant or obligation contained in the Contract,including, any X of the events of default, the Department shall provide notice to the Contractor 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 Contractor fail to perform within the time provided,the Contractor will be found in default,and the Department may terminate the Contract effective as of M� the date of receipt of the default notice. 18. Events of Default Subject to the Notice of Default Provision. Provided such failure is not the fault of the Department or outside the reasonable control of the Contractor, the following non-exclusive list of events,acts,or omissions,shall constitute events of default. a. The commitment of any material breach of this Contract by the Contractor,including failure to timely deliver a I� material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of 00 the performance of the work, failure to resume work that has been discontinued within a reasonable time after CL notice to do so,or abandonment of the Contract; b. Failure to maintain adequate progress,thus endangering the performance of the Contract; c. Failure to honor any term of the Contract; d. Failure to abide by any statutory,regulatory,or licensing requirement,including an entry of an order revoking the certificate of authority granted to the Contractor by a state or other licensing authority; e. 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 Contract; f. Failure to comply with a preferred-pricing clause required by this Contract,if any,at the Department's discretion; g. Failure to maintain the insurance required by this Contract; h. One or more of the following circumstances,uncorrected for more than 30 calendar days unless,within the specified 30-day period,the Contractor(including its receiver or trustee in bankruptcy)provides to the 5of12 Rev.7/8/20 Packet Pg. 1321 G.2.c Department adequate assurances,reasonably acceptable to the Department,of its continuing ability and willingness to fulfill its obligations under the Contract: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by the Contractor of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of the Contractor's business or property; and/or iv. An action by the Contractor under any state insolvency or similar law for the purpose of its bankruptcy,reorganization,or liquidation. a� 19. Events of Default that Result in Immediate Termination. �+ a. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department C, of such,made by the Contractor in this Contract or in its response to the solicitation; C b. Employment of an unauthorized alien in the performance of the work,in violation of Section 274(A)of the Immigration and Nationality Act; and > c. Department's good faith belief that failure to comply with the Employment Eligibility Verification requirements CL of this Contract has occurred. CL 20. Suspension of Work. CL The Department may,in its sole discretion,suspend any or all activities under the Contract, at any time,when it is in W the best interest of the State to do so. The Department shall provide the Contractor with written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints, 0 declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice.Within 90 days,or any longer period agreed to by the parties,the Department shall either:(1) issue a notice authorizing resumption of work, at which time activity shall resume; or(2)terminate the Contract. If the Contract 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 the Contractor to any additional compensation. 21. Force Majeure. CL The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the 0 negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts E of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's 0- control,or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available 4- to the Contractor. In case of any delay the Contractor believes is excusable,the Contractor shall notify the Department g in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause CL that creates or will create the delay first arose,if the Contractor could reasonably foresee that a delay could occur as a E result; or(2)if delay is not reasonably foreseeable,within five days after the date the Contractor first had reason to X believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT 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 the Department. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including as 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 the Contractor shall perform at no increased cost, X unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the I� Contract to the Department, in which case the Department may (1) accept allocated performance or deliveries from ova the Contractor, provided that the Contractor grants preferential treatment to Department with respect to products subjected to allocation;(2)contract with other sources(without recourse to and by the Contractor for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Contract quantity;or(3)terminate the Contract in whole or in part. 22. Indemnification. a. The Contractor shall be fully liable for the actions of its agents, employees,partners,or subcontractors and shall fully indemnify, defend, and hold harmless the Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees,partners, or subcontractors; provided,however,that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Department; 6of12 Rev.7/8/20 Packet Pg. 1322 G.2.c ii. the Contractor's breach of this Contract or the negligent acts or omissions of the Contractor. b. The Contractor's obligations under the preceding paragraph with respect to any legal action are contingent upon the Department giving the Contractor(1)written notice of any action or threatened action; (2)the opportunity to take over and settle or defend any such action at Contractor's sole expense; and(3) assistance in defending the action at Contractor's sole expense. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Contractors 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 A shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter C, arising out of any contract or this Contract. C d. No provision in this Contract shall require the Department to hold harmless or indemnify the Contractor,insure or assume liability for the Contractor's negligence,waive the Department's sovereign immunity under the laws 0 of Florida,or otherwise impose liability on the Department for which it would not otherwise be responsible. Any provision,implication or suggestion to the contrary is null and void. 0, 23. Limitation of Liability. The Department's liability for any claim arising from this Contract 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 Contract. Such liability is further limited to a cap of$100,000. 0 Unless otherwise specifically enumerated in the Contract,purchase order,or task order,Department shall not be liable to another for special,indirect,punitive,or consequential damages,including lost data or records(unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. Department shall not be liable for lost profits, lost revenue, or lost institutional operating savings.The Department may,in addition to other remedies available to them at law or equity and upon notice to the Contractor,retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties,costs and the like asserted by or against them. The Department may set off any liability or other obligation of the Contractor or its affiliates to the Department against any payments due the Contractor under any contract with 0 the State. 24. Dispute Resolution. 0- Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, 4- who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive g unless within twenty-one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to E review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition X precedent to the Contractor's ability to pursue any other form of dispute resolution;provided,however,that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. 25. Remedies. 0 All rights and remedies provided in this Contract are cumulative and not exclusive of any other rights or remedies that may be available to the Department, whether provided by law, equity, statute, in any other agreement between the c3� parties or otherwise.Department shall be entitled to injunctive and other equitable relief,including,but not limited to, specific performance, to prevent a breach, continued breach or threatened breach of this Contract. No remedy or election hereunder shall be deemed exclusive. A failure to exercise or a delay in exercising, on the part of the X Department,any right,remedy,power or privilege hereunder shall not operate as a waiver thereof,nor shall any single I� or partial exercise of any right,remedy,power or privilege hereunder preclude any other or further exercise thereof or 00 the exercise of any other right, remedy, power or privilege. The Department may, in addition to other remedies available to it at law or in equity and upon notice to the Contractor,retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.Nothing in this Contract shall be construed to make the Contractor liable for force majeure events. 26. Ownership of Documents. All plans, specifications,maps,computer files,databases and/or reports prepared or obtained under this Contract, as well as data collected together with summaries and charts derived therefrom, shall become the property of the Department upon completion or termination of this Contract,without restriction or limitation on their use, and shall be made available upon request to the Department at any time during the performance of such services and/or upon completion or termination of this Contract. Upon delivery to the Department of said document(s), the Department shall become the custodian thereof in accordance with Chapter 119,F.S. Contractor shall not copyright any material and products or patent any invention developed under this Contract. 7of12 Rev.7/8/20 Packet Pg. 1323 G.2.c 27. Waiver. The delay or failure by the Department to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the 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. 28. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Contract.The Contractor shall a� be responsible for including this provision in all subcontracts with private organizations issued as a result of this Contract. CL b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the C convicted vendor list or the discriminatory vendor list: i. Convicted Vendors.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 0 any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with C, a public entity for the construction or repair of a public building or public work; may not submit M CL bids,proposals,orreplies on leases of real property to apublic entity;may not be awarded or perform work as a Contractor,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in 0 Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list 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 a public entity; may not be awarded or perform work as a contractor, C' supplier, subcontractor,or consultant under a contract with any public entity; and may not transact 0 business with any public entity. iii. Notification. The Contractor shall notify the Department if it or any of its suppliers,subcontractors, 0- or consultants have been placed on the convicted vendor list or the discriminatory vendor list during 4- the life of the Contract. The Florida Department of Management Services is responsible for g maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the CL discriminatory vendor list may be directed to the Florida Department of Management Services, E Office of Supplier Diversity,at(850)487-0915. X 29. Employee Eligibility. Effective January 1,2021,Contractor is required to use the U.S.Department of Homeland Security's E-Verify system 0 to verify the employment eligibility of all employees used by the Contractor under this Contract,pursuant to Section 2 448.095, F.S. Also, the Contractor shall include in related subcontracts, if authorized under this Contract, a requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify c3� system to verify employment eli eligibility of all employees used b the subcontractor for the performance of the Work. Y fYg� YY The subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, a� contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for X the duration of the Contract.If the Department has a good faith belief that a subcontractor knowingly violated I� §448.095(1), F.S. and notifies the Contractor of such, but the Contractor otherwise complied with this statute, the 00 Contractor shall immediately terminate the contract with the subcontractor. CL 30. Compliance with Federal,State and Local Laws. 4, a. The Contractor 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 Contractor shall include this provision in all subcontracts issued as a result of this Contract. 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 Contract. c. This Contract shall be governed by and construed in accordance with the laws of the State. d. Any dispute concerning performance of the Contract shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Contract will be in the courts,and venue will be in a court of competent 8of12 Rev.7/8/20 Packet Pg. 1324 G.2.c jurisdiction,in Leon County,Florida.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 Contract. 31. Scrutinized Companies. a. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Contract at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Contract. b. If this Contract is for more than one million dollars,the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran C, Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section C 287.135,F.S. Pursuant to Section 287.135, F.S.,the Department may immediately terminate this Contract at its sole option if the Contractor,its affiliates,or its subcontractors are found to have submitted a false certification; or if the Contractor,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the 0 Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran C, Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Contract. c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 0 32. Lobbying and Integrity. The Contractor agrees that no funds received by it under this Contract will be expended for the purpose of lobbying c3 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 the Contractor and the State,the Contractor may a� lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement.The Contractor shall comply with Sections 11.062 and 216.347,F.S. 33. Record Keeping. The Contractor shall maintain books,records and documents directly pertinent to performance under this Contract in 0 accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The E Department,the State,or their authorized representatives shall have access to such records for audit purposes during 0- the term of this Contract and for five (5)years following the completion date or termination of the Contract. In the 4- event that any work is subcontracted,the Contractor shall similarly require each subcontractor to maintain and allow g access to such records for audit purposes. Upon request of the Department's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the E Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's `j business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of: (1)three years after the expiration of the Contract; or(2)the period required by the General Records Schedules maintained by the Florida Department of State (available at: 0 http://dos.mvflorida.com/library-archives/records-mana ement/general-records-schedules. 34. Audits. a. Inspector General.This Contract is subject to a post performance audit by the Department's or State's Inspector General.The Contractor understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the Inspector a� General in any investigation, audit, inspection, review, or hearing regarding the Contract. The Contractor will x comply with this duty and ensure that its Subcontracts issued under this Contract,if any,impose this requirement, I-I in writing,on its sub-Contractors. 00 b. Physical Access and Inspection.Department personnel shall be given access to and may observe and inspect work being performed under this Contract,with reasonable notice and during normal business hours,including by any of the following methods: i. Contractor shall provide access to any location or facility on which Contractor is performing work, or storing or staging equipment,materials or documents; ii. Contractor shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Contract;and, iii. Contractor 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 Contract. c. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, the Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs 9of12 Rev.7/8/20 Packet Pg. 1325 G.2.c to the Contract pursuant to State and Federal guidelines (including cost allocation guidelines). The Department may also request a cost allocation plan in support of Contractor's multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Contractor must provide the additional proof within thirty (30) calendar days of such request. 35. Conflict of Interest. The Contractor 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. 36. Independent Contractor. The Contractor is an independent contractor and is not an employee or agent of the Department. A 37. Subcontracting. C, a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed C solely by the Contractor and may not be subcontracted or assigned without the prior written consent of the Department. y b. The Department may, for cause,require the replacement of any Contractor's employee, subcontractor,or agent. CL Shall cause, includes technical or training qualifications, quality of work, change in security clearance, or non- C, compliance with an applicable Department policy or other requirement. M CL c. The Department may, for cause, deny access to the Department's secure information or any facility by any Contractor employee,subcontractor,or agent. d. The Department's actions under paragraphs b. or c. shall not relieve the Contractor of its obligation to perform 0 all work in compliance with the Contract. The Contractor 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 the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Contract 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 C' opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. 0 f. The Contractor shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused E by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of 0- both the Contractor and the subcontractor(s), and without the fault or negligence of either, unless the 4- subcontracted products or services were obtainable from other sources in sufficient time for the Contractor to g meet the required delivery schedule. CL 38. Improvements to Real Property. E If any state funds are provided under this Contract for the purchase of or improvements to real property,the Contractor w shall grant to the state a security interest in the property equal to the amount of state funds provided for at least five (5)years from the date of purchase or the completion of the improvements,unless otherwise provided by law. 39. Inspection at Contractor's Site. The Customer reserves the right to inspect,at any reasonable time with prior notice,the equipment or product or plant X� or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 40. Americans with Disabilities Act. a� Contractors should identify any products that may be used or adapted for use by visually,hearing,or other physically x impaired individuals. I� 41. Governmental Restrictions. ova If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, CL quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 42. Guarantee of Parent Company. In the event the Contractor is sold during the period the Contract is in effect,the Contractor agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of the Contractor. 43. Headings. The headings contained herein are for convenience only, do not constitute a part of this Contract and shall not be deemed to limit or affect any of the provisions hereof. 44. Modification of Terms. 10 of 12 Rev.7/8/20 Packet Pg. 1326 G.2.c This Contract contains all the terms and conditions agreed upon by the parties,which terms and conditions shall govern all transactions between the Department and the Contractor. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing,duly signed by each of the parties hereto,and attached to the original of this Contract,unless otherwise provided herein.No oral agreements or representations shall be valid or binding upon the Department or the Contractor. No alteration or modification of the Contract terms,including substitution of product,shall be valid or binding against the Department. Contractor may not unilaterally modify the terms of this Contract by affixing additional terms to product upon delivery(e.g.,attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a a� product,whether written or electronic)or by incorporating such terms onto the Contractor's order or fiscal forms or A other documents forwarded by the Contractor for payment. Department's acceptance of product or processing of CL documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the CL proposed modification to terms and conditions. 45. Interpretation of Contract. 0 a. Where appropriate:the singular includes the plural and vice versa;references to statutes or regulations include all CL statutory or regulatory provisions consolidating,amending or replacing the statute or regulation referred to;unless C, otherwise indicated references to Rules are to the adopted rules in the Florida Administrative Code; the words M CL "including," "includes" and "include" shall be deemed to be followed by the words "without limitation"; unless otherwise indicated references to sections, appendices or schedules are to this Contract;words such as "herein," "hereof'and"hereunder"shall refer to the entire document in which they are contained and not to any particular 0 provision or section; words not otherwise defined which have well-known technical or construction industry meanings, are used in accordance with such recognized meanings;references to Persons include their respective successors and assigns and,in the case of Governmental Persons,Persons succeeding to their respective functions and capacities; and words of any gender used herein shall include each other gender where appropriate. b. Contractor acknowledges and agrees that it has independently reviewed this Contract with legal counsel,and that it has the requisite experience and sophistication to understand,interpret and agree to the particular language of u the terms.Accordingly,if an ambiguity in(or dispute regarding the interpretation of)this Contract shall arise,the C' Contract shall not be interpreted or construed against the Department,and,instead,other rules of interpretation and 0 construction shall be used. If the Contract is competitively procured, the Contractor further acknowledges and E agrees that it had the opportunity and obligation, prior to submission of its Response, to review the terms and 0- conditions of this Contract and to bring to the attention of the Department any conflicts or ambiguities contained 4- therein. 0 46. Modifications Required by Law. Department reserves the right to revise this Contract to include additional language required by Federal agency(ies) E or other sources awarding funding to the Department in support of this Contract,if applicable,and to include changes `j required by Florida law or Administrative Code rule changes. a 47. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration 2 of this Contract, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Contract. 48. Third Parties. The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of the Contractor, U a� its agents, servants, and employees. The Contractor shall not disclaim its own negligence to the Department or any x third party.This Contract does not and is not intended to confer any rights or remedies upon any person other than the I� parties. If the Department consents to a subcontract,the Contractor will specifically disclose that this Contract does 00 0 not create any third-party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Contract. 49. 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. 50. Contractor's Employees,Subcontractors and Agents. a. All Contractor employees,subcontractors,or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under the Contract must comply with all security and administrative requirements of the Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. 11 of 12 Rev.7/8/20 Packet Pg. 1327 G.2.c b. The Customer and the State shall take all actions necessary to ensure that Contractor's employees,subcontractors and other agents are not employees of the State of Florida. Such actions include,but are not limited to,ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers'compensations,and unemployment)from an employer other than the State of Florida. 51. Assignment. The Contractor shall not sell, assign, or transfer any of its rights, duties,or obligations under the Contract,or under any purchase order issued pursuant to the Contract,without the prior written consent of the Department.In the event of any assignment,the Contractor remains secondarily liable for performance of the Contract,unless the Department a� expressly waives such secondary liability. The Department may assign the Contract with prior written notice to the Contractor of its intent to do so. CL 52. Antitrust Assignment. C The Contractor and the State of Florida recognize that in actual economic practice,overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of 0 Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the CL Contract. C, 53. MFMP Transaction Fee M CL a. The State through the Department of Management Services (DMS), has instituted MyFloridaMarketPlace (MFMP), a statewide e-procurement system. Pursuant to Section 287.057(22)(c), F.S., all payments shall be assessed a Transaction Fee which the Contractor shall pay the State unless exempt pursuant to Rule 60A-1.031, 0 Florida Administrative Code(F.A.C.). b. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible,be automatically deducted from payments to the Contractor.If automatic deduction is not possible,the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031,F.A.C. By submission of these reports and corresponding payments,the Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. c. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s)if such item(s)is/are returned to the Contractor through no fault,act,or omission of the Contractor. Notwithstanding 0 the foregoing, a Transaction Fee is non-refundable when an item is rejected, returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of this Contract. 0- d. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and 4- recovering re-procurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS THAT g ARE DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. E 54. Execution in Counterparts. X This Contract, any amendments,and/or change orders related to the Contract,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 0 force and effect as a written signature. 55. Warranty of Authority to Sign. Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. X 00 E c5 12 of 12 Rev.7/8/20 Packet Pg. 1328 G.2.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions 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. 0 1. Insurance. CL CL Required Coverage. At all times during the Contract the Contractor,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 Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida. L Additional insurance requirements for this Contract may be required elsewhere in this Contract,however the C minimum insurance requirements applicable to this Contract are: a. Commercial General Liability Insurance. W The Contractor shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Contract. 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 a each occurrence and$500,000 policy aggregate. b. Commercial Automobile Insurance. If the Contractor's duties include the use of a commercial vehicle,the Contractor 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 be named as an additional insured on any automobile insurance policy. The minimum limits shall be as 0 follows: U $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage 0- c. Workers' Compensation and Employer's Liability Coverage. The Contractor shall provide workers' compensation,in accordance with Chapter 440,F.S.,and employer's g liability insurance 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 Contract. 0 d. Other Insurance. w None. 2. Payment and Performance Bonds. 0 There are no bonds required under this Contract. 3. Liquidated Damages. In addition to other remedies elsewhere in this Contract,and as provided by law,unless otherwise stipulated in the Scope of Work,the Contractor hereby covenants and agrees to pay liquidated damages to the Department as w� follows: I, 00 a. The Contractor acknowledges that time is of the essence for all services provided under this Contract,and whereas the actual damages to be suffered by late performance are incapable of accurate calculation.Therefore, the parties agree that it is in the parties' best interests to agree upon a reasonable amount of liquidated damages, which are not intended to be a penalty and are solely intended to compensate for unknown and unascertainable damages. E b. In addition to any other provisions of this Contract,in the event that the deliverable identified in the Scope,is not completed and submitted by the close of business on the date the deliverable is due,the compensation amount stated for that portion of the Work may be reduced by 1%per day for each day the deliverable is late, with the total amount of the liquidated damages not to exceed the total compensation amount of the Scope of Work deliverable. c. The date of submission of the deliverable shall be the date of receipt by the Department. 1 of 3 Packet Pg. 1329 G.2.c d. If completion is or will be justifiably delayed due to reasons set out in the Force Majeure provisions of this Contract,the Department may provide for additional time to complete the delayed deliverable as evidenced by an Amendment. 4. Retainage. No retainage is required under this Contract. 5. MFMP Transaction Fee. Pursuant to Rule 60A-1.031,Florida Administrative Code,the Contractor is required to pay the MFMP Transaction A Fees for payments made pursuant to this Contract. CL CL 6. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Contract. 0 7. Subcontracting. CL The Contractor shall not subcontract any services under this Contract. M CL 8. Personnel Changes. The Contractor may not replace its personnel assigned to perform under this Contract. 0 9. Intellectual Property. a. The Contractor's intellectual property rights that preexist this Contract will remain with the Contractor. Intellectual property rights to all property created or otherwise developed by Contractor specifically for the Department will be owned by the State through the Department.Proceeds derived from the sale,licensing, marketing,or other authorization related to any such Department-controlled intellectual property right shall be handled in the manner specified by applicable statute. C' b. If the Contractor fails to provide,or no longer can provide,a deliverable or service under the Contract that 0 contains or otherwise utilizes intellectual property controlled by the Contractor,the Contractor shall grant the E Department a royalty-free,paid-up,nonexclusive,perpetual license to use,modify,reproduce,distribute, 0- publish or release to others,such Contractor-controlled intellectual property solely for use in connection with the deliverables or services under the Contract. c CL 10. Additional Terms. E a� a. The Contractor covenants that it presently has no interest,and shall not acquire any interest,which would x conflict in any manner or degree with the performance of services required herein. In addition,the Contractor agrees not to engage in any business transactions involving any of the tracts on which it makes appraisals under this Contract for a period of one(1)year following the appraisal,or in the event of condemnation,until the State completes acquisition of the tract. M� b. The performance of the services set forth herein requires the expertise of an individual appraiser and the exercise of his or her independent judgment.Therefore,it is understood and agreed by and between the Department and the Contractor that the Contractor shall appoint Philip M.Holden�S.F.Holden,Inc.,to x personally perform all the appraisal services specified herein;however,nothing herein shall be construed to I� prevent the Contractor from utilizing the services of other persons to assist Philip M.Holden in performing said 00 services to the extent that such services do not require the exercise of an appraiser's judgment,conclusion,or CL opinion. c. Additional Invoice and Payment Procedures. c� i. The Department will have 21 days to review and approve the Final Products. d 2of3 Packet Pg. 1330 G.2.c ii. Following receipt of an audit report identifying any reimbursement due the Department for non- compliance with this Contract,the Contractor will be allowed a maximum of sixty (60)days to submit any additional pertinent documentation to offset the amount identified as being due the Department. iii. The Contractor hereby certifies,covenants,and warrants that factual unit costs as shown on Attachment 3 supporting the compensation provided in the Task Assignments or Task Assignment Change Orders are accurate,complete,and current as of the date of this Contract. It is further agreed that the Contract price provided shall be adjusted to exclude any significant sums by which the Department determines the Contract price was increased due to inaccurate,incomplete,or other factual unit costs. CL CL 0 CL CL M CL CL 0 U E 0 L_ 4- CL E 0 X 0 I c5 X 00 CL 4i E c5 3of3 Packet Pg. 1331 G.2.c ATTACHMENT 3 SCOPE OF WORK The Department does hereby retain the Contractor to provide professional appraisal services for the State of Florida on a task assignment basis.The Department reserves the right to select additional professional consultants or firms for specialized projects or services within the State of Florida.No minimum amount of work is guaranteed by the Department to the Contractor as a result of executing this Contract. ? a� The Contractor's scope of work varies by the type of professional appraisal or valuation services needed for a specific assignment.Appraisal and appraisal review services require professional appraisal services. Other valuation CL C, services performed by the Contractor may include,but not limited to,consulting services,market studies, comparable sales analysis,etc. 0 0 A task assignment includes an anticipated scope of work specific to the appraisal assignment.Per the Uniform C, Standards of Professional Appraisal Practice, Scope of Work Rule,the appraiser must identify the problem to be M solved,determine the scope of work necessary to develop credible assignment results,and disclose the scope of CL w work in the appraisal report. 0 Deliverables Criteria: 0 Pursuant to 18-1.007(3)(b),Florida Administrative Code,The work for review is to include an Executive Summary S for each parcel appraised and an Appraisal Checklist as well as other requirements for the appraisal format as stated in Section B,page 13 of the Supplemental Appraisal Standards for the Board of Trustees. .0 a� Upon approval by the Chief Appraiser(pursuant to 18-1.002(4),FAC)or designee,provide an electronic copy of the Appraisal Report,by email or other agreed method of delivery,to the Bureau of Appraisal's Designated Task CL Manager. E U • Pursuant to 253.025(8)(c),Florida Statutes,prior to contracting,a signed and notarized affidavit is required of E the Fee Appraiser acknowledging no vested or fiduciary interest in the property that is the subject of this task L- assignment. C 0 • Each task assignment includes the timeline for deliverables.The first deliverable is due by close of business on CL the specified due date. • The date and time of the site visit must be communicated,in writing,to the DEP Designated Task Manager at least three business days in advance of the inspection. 0 • The first deliverable is a document(draft appraisal report)to be reviewed by the Bureau of Appraisal.It must not have a date of report or any signatures.The format of this first deliverable should be substantially like the format described in the Supplemental Appraisal Standards for the Board of Trustees,Part B,General Format for an Appraisal Report. w • The document for review is an electronic document,preferably an Adobe®PDF®or a Microsoft®Word® I00 document,provided to the designated task manager on or before the due date.The document must allow all editing and commenting functions found in the two software programs identified in the previous sentence.The CL CL work for review will not include the following appraisal assignment elements:Date of Report,Date of Certification and Signatures. The work for review will be reviewed by the Bureau of Appraisal and possibly a Fee Review Appraiser(pursuant to;253.025(8)(b),Florida Statutes(FS);or 18-1.007(5)(a),Florida Administrative Code,(FAC)). • Failure to adequately respond in writing to the Department of Environmental Protection(DEP)Fee Review Appraiser or DEP Contract/Task Manager,within four working days,may result in a one percent of the total fee penalty per day. Page 1 of 3 Packet Pg. 1332 G.2.c • The final product for professional appraisal services is an approved appraisal reports in an accessible,electronic form that meets at least the minimum requirements of all standards,rules,laws and supplemental standards applicable to the specific appraisal assignment. • The final product for other valuation services is,generically,a report in an accessible,electronic form that meets at least the minimum requirements specific to the assignment. • All final products must meet the Department's criteria for accessibility to people with disabilities. Responsibilities of the Department C, CL A. For the purposes of this Contract, the DEPARTMENT's Contract Manager shall be Jay F. Scott, telephone number(850)245-2658,or another appraiser designated by the DEPARTMENT as the Designated Task Manager cu as provided in an applicable Task Assignment Notification or Task Assignment Change Order Form. The Contract Manager shall serve as liaison with the CONTRACTOR and shall approve all invoices prior to payment. C, B. The DEPARTMENT's Contract Manager will render requested decisions and authorizations promptly,in writing, M to prevent unreasonable delays. CL C. The DEPARTMENT shall issue Task Assignment Notification Forms and Task Assignment Change Order Forms to the CONTRACTOR for the products and services to be provided under this Contract. For purposes of this Contract,the following representatives identified herein are delegated the authority to execute Task Assignment 4-y Notification Forms and Task Assignment Change Order Forms for or on behalf of the DEPARTMENT. For Task Assignment whose total value does not exceed$35,000: Appraisal Administrator or Chief,Bureau of Appraisals For Task Assignments whose total value is in excess of$35,000,but does not exceed$100,000: Assistant Director,Division of State Lands CL For Task Assignments whose value is in excess of$100,000,but does not exceed$250,000: cos Director,Division of State Lands E L- D. The DEPARTMENT shall compensate the CONTRACTOR for services rendered under this Contract in 4- accordance with each executed Task Assignment Notification Form or Task Assignment Change Order Form and g Section IV of this Contract. C, E Responsibilities of the Contractor 0 w A. For the purposes of the Contract,the CONTRACTOR's Contract Manager shall be Philip M.Holden,telephone number(561)626-2004. B. The CONTRACTOR fully understands and agrees that there shall be no reimbursement of funds by the 0 DEPARTMENT for any obligation or expenditure made prior to the execution of this Contract and either a Task Assignment Notification Form or Task Assignment Change Order Form. C. This Contract shall be in effect upon execution by both parties and shall remain in full force and effect for a period of six(6)years from the date of execution. This Contract may not be renewed. cu D. The CONTRACTOR agrees to complete,and shall complete,the following within the term of this Contract at the x written direction of the DEPARTMENT: I� 1. Appraisal Services Pursuant to Chapters 253 and 259,F.S. and/or Chapter 18-1,F.A.C.,as maybe 00 0 amended; and, CL 2. Responses to Inquiries of the Auditor General. ; It is hereby understood and agreed by the parties hereto that the CONTRACTOR has been retained to provide appraisal services pursuant to written Task Assignments and/or Task Assignment Change Orders. All written E direction for such services shall be prescribed in an executed Task Assignment or Task Assignment Change Order. Compensation for such services shall be negotiated,based on the rates in Attachment C, Fee Schedule,prior to the issuance of a Task Assignment or Task Assignment Change Order,unless certified as a valid public emergency pursuant to Section 287.058(2),Florida Statutes. 1 Appraisal report is defined in the Uniform Standards of Professional Practice and Florida Statute 475.611(1)(e). Approved appraisal report is defined in Florida Administrative Code 18-1.002(4). Page 2 of 3 Packet Pg. 1333 G.2.c E. The CONTRACTOR agrees to provide written documentation that all subcontractors utilized in accordance with Section IILG.have been compensated for services performed under each Task Assignment or Task Assignment Change Order. F. All notes, and work, associated with this project shall be open for review by the DEPARTMENT's Contract Manager during the CONTRACTOR's normal working hours. G. The CONTRACTOR shall be responsible for all work performed under the terms of this Contract. It is agreed that none of the services performed under this Contract shall be subcontracted to any individual or firm without the prior written consent of the DEPARTMENT's Contract Manager. Regardless of any subcontract, the CONTRACTOR is ultimately responsible for all work to be performed under this Contract. It is understood by A the CONTRACTOR that the DEPARTMENT shall not be liable to the subcontractor for any expenses or liabilities C, incurred under the subcontract and the CONTRACTOR shall be solely liable to the subcontractor for all expenses C and liabilities incurred under the subcontract. The CONTRACTOR agrees to indemnify, and to save and hold 'a harmless the DEPARTMENT from any claims by the subcontractor against the DEPARTMENT which arise as 0 a result of this Contract or any subcontract hereunder. H. The CONTRACTOR shall retain financial records, supporting documentation, statistical, and all other records CL pertinent to this Contract for a period of five(5)years after final payment is made,except that such records shall M CL be retained until final resolution of matters resulting from any litigation,claim,or audit that started prior to the expiration of the retention period. The retention period commences from the date of the submission of the final expenditure report. The records and documents shall be made available to the DEPARTMENT upon request. 0 1. The CONTRACTOR, and all subcontractors of the CONTRACTOR, shall provide written certification to the 0 DEPARTMENT that all appraisals and appraisal reviews are substantially in compliance with the Supplemental Appraisal Standards for the Board of Trustees to the extent that they are applicable to the Task Assignment. The CONTRACTOR hereby acknowledges prior receipt of these standards. CL 0 U E 0 L- 4- 0 CL E 0 X 0 I c5 X 00 CL 4i E c5 Page 3 of 3 Packet Pg. 1334 G.2.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements ATTACHMENT 4 1. Public Records Access Requirements. a. If the Contract exceeds$35,000.00,and if the Contractor is acting on behalf of the Department in its performance of services under the Contract,the Contractor 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 the Contractor in conjunction with the Contract (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 Contract if the Contractor refuses to allow public access to Public Records as 0. required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. a� If the Contractor is a"contractor"as defined in section 119.0701(1)(a),F.S.,the Contractor shall: > 0 a. Keep and maintain Public Records required by the Department to perform the service. b. Upon request,provide the 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 as otherwise provided by law. c. A Contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties 0 under section 119.10,F.S. 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 the Department. e. Upon completion of the Contract,transfer,at no cost,to the Department all Public Records in possession of the Contractor or 2: keep and maintain Public Records required by the Department to perform the service.If the Contractor transfers all Public Records to the Department upon completion of the Contract,the Contractor shall destroy any duplicate Public Records that are CL exempt or confidential and exempt from Public Records disclosure requirements. If the Contractor keeps and maintains Public c 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 the Department,upon request from the Department's custodian of Public c Records,in a format specified by the Department as compatible with the information technology systems of the 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. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF 0 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: 0 Telephone: (850) 245-2118 Email ��tibl �°..: fl v.i s(�),Flo (1aQ P c� Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 CL Tallahassee, Florida 32399 E Page 1 of 1 Rev.6/13/2019 Packet Pg. 1335 G.2.c ATTACHMENT 5: FEE SCHEDULE FOR APPRAISAL SERVICES A Contractor Name: Philip M. Holden, MAI 0 Enter your proposed fee schedule for the calendar years shown below. Fees should be expressed as an hourly rate. 0 2020: $160 hourly 2021: $160 hourly 2022: $160 hourly CL 2023: $160 hourly U E 0 L- 2024: $160 hourly CL 2025: $160 hourly 0 X 00 r I Philip M. Holden, MAI CL Contract No. PL487 Attachment 5 1 of 1 Packet Pg. 1336 G.2.c STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Contractor Affidavit/Release of Claims Form EXHIBIT C This affidavit must be completed and signed by the Contractor when requesting final payment for a Florida Department of Environmental Protection (Department) authorized Task Assignment. The signature of the Contractor shall be notarized as set forth below. Final payment for a Task Assignment will not be released until this form is accepted by the Department. The undersigned certifies as follows: A 1. I, am the of CL (name of person appearing) (title of person appearing) C with the authority to y (name of Contractor) 0- CL CL make this statement on behalf, M CL 2. ("the Contractor")entered into an L- (name of company or person) 4- Agreement with the Department to perform certain work under Task Assignment No. 3. Contractor has completed the work in accordance with the aforementioned Work Assignment,including all attachments.Thereto. 0 4. All subcontractors have been paid in full. CL 5. Upon receipt by Contractor from Department of final payment under the aforementioned Work Assignment, Contractor releases 0 Department from any and all claims of Contractor and any of its subcontractors and vendors that may arise under,or by virtue of, E the Task Assignment,except those claims that maybe specifically exempt and set forth under the terms of this Contract. Exemptions 0- claimed must be attached to this affidavit and reference the Task Assignment number. Any exemptions not attached are waived. CL E (Signature of Authorized Contractor Representative) X 0 ---------------------------------------------Notarization of Signature of Contractor(required)--------------------------------------------------- 1 State of County of c� X Sworn to and subscribed before me by means of❑physical presence or❑ online notarization this I- 00 this day of 20 CL 4i Notary Public [Nota rr� Seal] Name typed,printed or stamped My Commission Expires: Notary Public, State of Commission Number(if applicable) ❑Personally known OR❑Produced Identification Type of ID: Rev. 1/6/2020 Packet Pg. 1337 G.2.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD CONTRACT CONTRACT NO. PL492 This Contract is entered into between the Florida Department of Environmental Protection(Department)and W.H.Benson& Company,4780 Dairy Road, Suite 103,Melbourne,FL 32904(Contractor),a Florida Profit Corporation. NOW,THEREFORE,the parties agree as follows: a� A 1. Scope of Work. CL The Contractor shall provide professional appraisal and other valuation services,as described more fully in Attachment 3, C Scope of Work. 2. Duration. 0 a. Term. The Contract shall begin on September 27,2020 and continue until September 26,2026,unless otherwise CL terminated. b. Renewals.This Contract shall not be renewed. W 3. Contract Managers. 0 Department's Contract Manager Contractor's Contract Manager Name: Jay F. Scott Name: William H.Benson _ or successor or successor Address: 3900 Commonwealth Boulevard Address: 4780 Dairy Road, Suite 103 Bureau of Appraisal,MS4I 10 Melbourne,FL 32904 Tallahassee,FL 32399-3000 E Phone: (850)245-2658 Phone: (321)984-0999 U Email: Jay.F.Scott(a-),dep.state.fl.us Email: admin(a),whbenson.com 0- 4- 4. Attachments and Exhibits. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: X © Attachment 1: Standard Terms and Conditions for Noncompetitively Procured Contracts © Attachment 2: Special Terms and Conditions U) ❑X Attachment 3: Scope of Work ❑X Attachment 4:Public Records Requirements ❑X Attachment 5:Price Sheet c� ❑ Attachment 6:Technology Standards ❑ Attachment 7: Contractor's Proposal(RFPs Only) N1 ❑ Attachment 8: Contractor's BAFO(ITNs Only) ❑ Additional Attachments(if necessary): ❑ Exhibit A: General Contract Conditions—PUR 1000 a� ❑ Exhibit B: Subcontractor Utilization Report Form E © Exhibit C: Contractor Affidavit/Release of Claims Form ❑ Exhibit D: Quality Assurance Requirements for Contracts < ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): Contract No.PL492 1 of 2 Rev.7/8/2020 Packet Pg. 1338 & Compensation. a, !%S Cor the services rendexed t�� Coinlirwisr under the l Cormetc�n_the Depairtment shall pa) the Contraur ort a Ewd Qv hmh qo w a Own=250AKWAX! hnirli,he iiomplcUoiiii ofst,,nices as!specHled in ffie Scopc ci['Nklork, b, Thu 1)epamnit!nt AWA not GrAwme he Cmmw%w Army emw hcwmd hii the i.wil�irnwncx ofiAfls CorrrUj,, c, Deparirt shafl aufficalze a1I Nvi r lak, ass ig nuniem s 11)] �, asllc "Assugnm eM �,Iofflica6o n Uor m o v 1'asp( rt s�ogvanc m Charweu Aenda 14nn C rAC01 id, "CcaumMa or A subconvacwrs hrawhmhed umkr ON CMMML WH mn Wmawme wmk untfl ekh:l r aT,Ak,1Fi,v7()hvi A been extxnw,4J. b),f bodil Deparunent and Criviracton T CL e, In A man myvhm am mqulmd hat am Whin tic genencl desayption of the !iicope oi'Vikiflc.hia are�-eg spe6f'wufl� CL M idc!wHied nanw. 11he Department anil Contractor resen, ffic right En Lwgit6abe Task AsslignLinunis cxWvcring pubmume"dwse mquied seniors M) if We is cgablkhai prRing in die WWI wd mwh wmkm to rwx UWMA be My 1 Rupp of Wk, > 2 Urton Pd,��TTIC'M[62'58 Cifany !jort�on cO Ore striv��:es perfi�irrrted,, the 4�7oaix�lwtul, C. CL shafl e.xccute and d0liver w she Dejj�lartlincnt a Mwe o"H clehis agadmi the DMammm awMg un&n M EW vWM f M the senice&encM cWnris whWh am WKWO extunpted by On;Untracbm W he wl WrT Tordn uWg Will C CL w Mmmu AAWuNMdmm arowrns 11cmn.Rioc&pt b) die Depairtment,ofthe, Contrilwtor"s Rcflerrir is a con&icin of 6rrld pmynnent under thk Contrao, Jlnless: lithin-svise prwilcled hit fts Contract.h� State liawi or ktlfierwhs: allipreed ti�ii b) ffic llwwawaniV.s w thk ConMWL Ond py mat m Mlemm! upc Wmdm1m of IN CWWWj AUH nrdrjt C011M it Lill e a iehmcur ,v�n kDartineviii's cNinis agai=nre Cisninacta" or 1hi (2orliractor's surcfiessJ n1mmmoury smawors or asdgns under Ifth Anunct or w;agafiisl apphuablle perflormance aind j!lA)irment honck, IN Mi,f MESS, VVIIEREUR Th Antma MH be WHIM"n be daw Mawd above or the JaM&W signmi bekm, %vill ch,°%car S hib:r, CL E FjORMA DEFARITMENT OF ENWROAMENTML, 0 MAL BER Y/I &I OWN` 111111114)"TE vf[ON E By raVas gncvur C,I Wmay (w DeMiguic 0 —71 E 20 7-0 ......................... x 15n:S�gned w ll ex, 4, )1 . ...........,r 0 Ptint1iami:andTftle of Person,S�g; t a A nii�ei i,e �,�,jjj g U) 0" FFT)NA MUM cs Addifion,,,iil s1gnaturcs jtlacht,�il on Separate page. w C14 CL E Cmarma No MATZ 2 of 2 R" 7V10fl Packet Pg. 1339 G.2.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Terms and Conditions for Noncompetitively Procured Contracts ATTACHMENT 1 1. Entire Agreement. This Contract,including any Attachments and Exhibits referred to herein and/or attached hereto,constitutes the entire 0 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 Contractor's forms or CL invoices shall be null and void. 2. Contract Administration. a� a. Order of Precedence.If there are conflicting provisions among the documents that makeup the Contract,the order 0 of precedence for interpretation of the Contract is as follows: C, i. Standard Contract M ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Contract CL iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Contract 0 b. All approvals,written or verbal,and other written communication between the parties,including all notices,shall 0 be obtained by or sent to the parties' Contract Managers.All written communication shall be by electronic mail, S U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected :2 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 0 delivered at the earliest delivery time. c. If a different Contract Manager is designated by either party after execution of this Contract,notice of the name C, and contact information of the new Contract Manager will be submitted in writing to the other party and E maintained in the respective parties'records.A change of Contract Manager does not require a formal amendment U or change order to the Contract. E d. This Contract may be amended only by a written agreement between both parties.Amendments shall be based on ,L_ availability of funding. A change order may be used when there is (1) a change in the subcontractor or approval a of subcontractors, (2)changes in deliverables due dates that do not change the overall Contract term or increase CL in the deliverable price or Contract amount, or (3) changes in the price of an individual deliverable in cost reimbursement Contract when the overall Contract amount does not change. All other changes shall be done 0 through a formal amendment. e. There is no minimum amount of work guaranteed as a result of this Contract. Any and all work assigned will be at the sole discretion of the Florida Department of Environmental Protection("Department"). U) f. The Department reserves the right to suspend or terminate any portion of this Contract or any other contract with the Department,if the Department and Contractor(or any of its affiliates or authorized subcontractors)are adverse in any litigation, administrative proceeding or alternative dispute resolution. The suspension may last until such adverse relationship is resolved either by agreement or by final non-appealable order of acourt. g. All days in this Contract are calendar days unless otherwise specified. 0 3. Contract Duration. `j a. Term. The term of the Contract shall begin and end on the dates indicated in the Standard Contract, unless c1� extended or terminated earlier in accordance with the applicable terms and conditions. b. Renewals. Any renewals provided under the Contract must meet the requirements of Section 287.058(1)(g), CL Florida Statute(F.S.),which is incorporated herein by reference. If the Standard Contract indicates renewals are available, the contract may be renewed for those timeframe(s). All renewals are contingent upon satisfactory performance by Contractor.Renewals may be for the entire period or in increments. E 4. Deliverables. The Contractor agrees to render the services or otherwise provide deliverables as set forth in Attachment 3, Scope of Work and as otherwise set forth in this Contract. The services and/or deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Contract.Deliverables may be comprised of activities that must be completed prior to the Department making payment on that deliverable. 5. Performance Measures. 1 of 12 Rev.7/8/20 Packet Pg. 1340 G.2.d The Contractor warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Scope of Work; (3)Any and all such equipment,products or materials necessary to perform these services, or requirements shall be supplied by the Contractor; (4)the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (5)the services shall not infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(6)its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes for work done at the Department or other location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by the Contractor meet the Contract requirements. Notwithstanding any provisions herein to the contrary,written acceptance of a particular deliverable does not foreclose A Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. CL 6. Warranty of Ability to Perform. C The Contractor warrants that,to the best of its knowledge,there is no pending or threatened action, proceeding, or c3 investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the > Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is CL currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes,or on any similar C list maintained by any other state or the federal government.The Contractor shall immediately notify the Customer in CL writing if its ability to perform is compromised in any manner during the term of the Contract. W 7. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by the Department's Contract 4- Manager before payment. If the Department's Contract Manager does not accept the 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 Scope of Work,as incomplete,inadequate,or unacceptable due,in whole or in part,to the Contractor's lack of satisfactory 0 performance under the terms of this Contract. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Scope of Work will result in rejection of the deliverable and the 0 associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to the Department in accordance with the Contract requirements. The Department, at its option,may 0 c� allow additional time within which the Contractor may remedy the objections noted by the Department. The Contractor shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a 0- 4- reasonable timeframe.The Contractor's efforts to correct the rejected deliverables will be at the Contractor's sole expense. The Contractor's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. CL 8. Financial Consequences for Nonperformance. 0 a. Withholding Pam In addition to the specific consequences explained in the Scope of Work and/or Special x Terms and Conditions, the State of Florida(State)reserves the right to withhold payment when the Contractor a has failed to perform/comply with provisions of this Contract. None of the financial consequences for nonperformance in this Contract,as more fully described in the Scope of Work,shall be considered penalties. b. Corrective Action Plan. If the Contractor fails to correct all the deficiencies in a rejected deliverable within the specified timeframe,the Department may, in its sole discretion,request that a proposed Corrective Action Plan �I (CAP)be submitted by the Contractor to the Department. The Department request that the Contractor 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. X i. The Contractor shall submit a CAP within ten(10)calendar days of the date of the written request WI from the Department. The CAP shall be sent to the Contract Manager for review and approval. 0) Within ten(10) calendar days of receipt of a CAP, the Department shall notify the Contractor in CL writing whether the proposed CAP has been accepted. If the CAP is not accepted, the Contractor shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above may result in the Department's termination of this Contract for cause as authorized in this Contract. ii. Upon the Department's notice of acceptance of a proposed CAP,the Contractor shall have ten(10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Contractor of any of its obligations under the Contract. In the event the CAP fails to correct or eliminate performance deficiencies by Contractor, the Department shall retain the right to require additional or further remedial steps,or to terminate this Contract for failure to perform. No actions approved by the Department or steps taken by the 2of12 Rev.7/8/20 Packet Pg. 1341 G.2.d Contractor shall preclude the Department from subsequently asserting any deficiencies in performance. The Contractor shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department's Contract Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Contract as specified by the Department may result in termination of the Contract. 9. Payment. a. Payment Process.Subject to the terms and conditions established by the Contract,the pricing per deliverable,and the billingprocedures established b the Department,the Department agrees to a the Contractor for services P Y P P g PYCL rendered in accordance with Section 215.422, F.S. Contractor shall submit invoices to the Department within C thirty (30) days after the date of the Department's written acceptance of each interim deliverable or the final deliverable specified in the Scope of Work. Invoices and the appropriate documentation shall be submitted via email to the Department's Contract Manager. Contractor's failure to submit invoices within this timeframe may CL result in forfeiture of retainage suspension or termination of remaining work,or the Contractor's forfeiture of any C unpaid balance for such deliverables. CL b. Vendor Rights. A Vendor Ombudsman has been established within the Department of Financial Services. The w duties of this individual include acting as an advocate for Contractors who may be experiencing Problems in obtaining timely payment(s)from state agencies.The vendor Ombudsman may be reached at(850)413-5516. 4- c. Taxes. The Department is exempted from payment of State sales and use taxes and Federal excise taxes. The Contractor,however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes, or for payment by the Contractor to suppliers for taxes on materials used to fulfill its contractual obligations with the Department. The Contractor shall not use the Department's exemption number in securing 0 such materials.The Contractor shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Contract. d. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department CL pursuant to the Scope of Work shall be submitted to the Department in sufficient detail for a proper pre-audit and 0 post-audit to be performed.The Contractor shall only invoice the Department for deliverables that are completed in accordance with the Scope of Work. 0- e. Multiple Payment Request. Contractor's submitted invoice shall represent a full account of the work done during each invoice period, and include all fees and costs claimed for work done during that period. Department's payment of an invoice shall constitute full payment and a final settlement of all of Contractor's claims for services CL provided during the invoice period.No subsequently asserted claims or invoices for services performed during a 0 previously invoiced period will be payable by the Department. X f. Interim Payments. Interim payments may be made by the Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by the Department's Contract Manager. 0 g. Final Payment Request.A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Contract to ensure the availability of funds for payment. However,all work performed pursuant to the Scope of Work must be performed on or before the completion date of the Contract. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Contract is 0 contingent upon an annual appropriation by the Legislature. Authorization for continuation and completion of X work and any associated payments may be rescinded,with proper notice, at the discretion of the Department if N1 the Legislature reduces or eliminates appropriations. 0) i. Interest Rates.All interest rates charged under the Contract shall be calculated on the prevailing rate used by the _J State Board of Administration. Interest payments of less than$1 will not be issued unless Contractor requests .. such payment. To obtain the applicable interest rate, please refer to: http://www.Myfloridacfo.comn Division/AA/Vendors/def,lult.htm. j. Limitation on Pam Contractor shall not be compensated for services performed prior to execution of this Contract,for services performed following its expiration,termination,or suspension,nor for services that exceed the funding amount specified herein or in any amendment to this Contract. It is the Contractor's responsibility to know when the authorized compensation amount of the Contract will be reached. Contractor shall not perform, nor be compensated for,any services beyond the services described in the Scope of Work. 10. Documentation Required for Cost Reimbursement Contracts. If Cost Reimbursement is authorized in the Standard Contract, the following conditions apply. To be eligible for reimbursement,costs and supporting documentation must be in compliance with laws,rules,and regulations 3of12 Rev.7/8/20 Packet Pg. 1342 G.2.d governing agreements for services,including,but not limited to,the Reference Guide for State Expenditures,which can be accessed at the following web address:http://www.mvfloridacfo.com/aadir/reference uide/.Invoices for cost reimbursement shall be supported by an itemized listing of expenditures by category (salary, travel expenses, etc.). Supporting documentation must indicate that the item was paid and indicate the date of service. 11. Preferred Pricing Clause. If this Contract incorporates the PUR 1000, section 4.(b), and it is applicable, or other preferred pricing clause,the Contractor must submit an affidavit, at least annually, attesting that Contract is in compliance with the preferred- pricing clause. 12. Changes. ,� The Customer may unilaterally require,by written order,changes altering,adding to,or deducting from the Contract CL specifications,provided that such changes are within the general scope of the Contract. The Customer may make an C equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such c3 equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise,the Customer may solicit separate bids to satisfy them. CL 13. Retainage. C The following provisions apply if the Department withholds retainage under this Contract: CL a. The Department reserves the right to establish the amount and application of retainage on the work performed W under this Contract up to the maximum percentage described in Attachment 2, Special Terms and Conditions. L- Reaainage may be withheld from each payment to Contractor, pending satisfactory completion of work and 4- approval of all deliverables. b. The Department reserves the right to withhold payment of retainage for Contractor's failure to respond to or correct identified deficiencies within the timeframe stipulated in the Scope of Work.The Department shall provide written notification to Contractor of identified deficiencies and the Department's intent to withhold retainage. 0 Contractor's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will result in forfeiture of retainage by Contractor. CL as c. If Contractor fails to perform the requested work,or fails to perform the work in a satisfactory manner,Contractor shall forfeit its right to payment for the work and the retainage called for under the entire Scope of Work. Failure 0 c� to perform includes,but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. 0- d. No retainage shall be released or paid for incomplete work while this Contract is suspended. e. Except as otherwise provided above, Contractor shall be paid the retainage associated with the work, provided Contractor has completed the work and submits an invoice for retainage held in accordance with the invoicing CL procedures under this Contract. 0 X 14. Insurance. a. Proof of Insurance. Upon execution of this Contract,the Contractor shall provide the Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of 0 any work under this Contract.Upon receipt of written request from the Department,the Contractor shall furnish 9= the Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization,or other certification of self-insurance. b. Deductibles.The Department shall be exempt from,and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor providing such insurance. x c. Duty to Maintain Coverage.In the event that any applicable coverage is cancelled by the insurer for any reason, WI or if Contractor cannot get adequate coverage,the Contractor shall immediately notify the Department of such 0) cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide -J proof of such replacement coverage within ten(10)days after the cancellation of coverage. CL .. d. Insurance Requirements for Sub-Contractors.Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract,regardless of whether the Department has approved such subcontract or subcontractor. Any subcontracts made under or in performance of this Contract must include the same conditions specified in this Contract, and shall include a release of any rights, claims or liabilities against the Department. The level of insurance to be carried by subcontractors performing work under this Contract shall be at the discretion of Contractor. 15. Termination. a. Termination for Convenience. When it is in the State's best interest,the Department may,in its sole discretion, terminate the Contract in whole or in part by giving thirty (30) days written notice to the Contractor. The Department shall notify the Contractor of the termination for convenience with instructions as to the effective 4of12 Rev.7/8/20 Packet Pg. 1343 G.2.d date of termination or the specific stage of work at which the Contract is to be terminated. The Contractor must submit all invoices for work to be paid under this Contract 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 Contract if any of the events of default described in the Events of Default provision below occur or in the event that the Contractor fails to fulfill any of its other obligations under this Contract. If, after termination, it is determined that the Contractor 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 the Department.The rights and remedies of the Department in this clause are A in addition to any other rights and remedies provided by law or under this Contract. CL c. Contractor Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination, C unless otherwise directed by the Department, the Contractor shall not furnish any service or deliverable on the c3 date,and to the extent specified,in the notice.However,the Contractor shall continue work on any portion of the Contract not terminated. If the Contract is terminated before performance is completed,the Contractor shall be 0 paid only for that work satisfactorily performed for which costs can be substantiated. The Contractor shall not be C entitled to recover any cancellation charges or lost profits. CL d. Continuation of Prepaid Services.If the Department has paid for any services prior to the expiration,cancellation, W or termination of the Contract, the Contractor shall continue to provide the Department with those services for which it has already been paid or, at Department's discretion,Contractor shall provide a refund for services that 4- have been paid for but not rendered. e. Transition of Services Upon Termination,Expiration,or Cancellation of the Contract. If services provided under the Contract are being transitioned to another provider(s),the Contractor shall assist in the smooth transition of Contract services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to 0 cooperate with the new provider(s),however additional requirements may be outlined in the Scope of Work. The Contractor shall not perform any services after Contract expiration or termination,except as necessary to complete CL the transition or continued portion of the Contract,if any. E 16. Step-in Rights. 0 c� If the Contractor is in material breach of its obligation to perform any of the services under the Contract and fails to E remedy such breach within ten(10)days after written notice of the breach from the Department,the Department, at 0- 4- its sole discretion,shall have the right to"step-in"(i.e.perform the work itself)or hire another contractor to perform these services.Contractor shall be liable to the Department for any fees or expenses that the Department may incur in exercising its step-in rights or securing a substitute provider to assume completion of those services. CL 17. Notice of Default. 0 If the Contractor defaults in the performance of any covenant or obligation contained in the Contract,including, any `j of the events of default, the Department shall provide notice to the Contractor and an opportunity to cure that is C 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 Contractor fail to perform within the C time provided,the Contractor will be found in default,and the Department may terminate the Contract effective as of pp the date of receipt of the default notice. �I 18. Events of Default Subject to the Notice of Default Provision. Provided such failure is not the fault of the Department or outside the reasonable control of the Contractor, the following non-exclusive list of events,acts,or omissions,shall constitute events of default. a. The commitment of any material breach of this Contract by the Contractor,including failure to timely deliver a WI material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of 0) the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Contract; CL b. Failure to maintain adequate progress,thus endangering the performance of the Contract; c. Failure to honor any term of the Contract; E d. Failure to abide by any statutory,regulatory,or licensing requirement,including an entry of an order revoking the certificate of authority granted to the Contractor by a state or other licensing authority; e. 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 Contract; f. Failure to comply with a preferred-pricing clause required by this Contract,if any,at the Department's discretion; g. Failure to maintain the insurance required by this Contract; h. One or more of the following circumstances,uncorrected for more than 30 calendar days unless,within the specified 30-day period,the Contractor(including its receiver or trustee in bankruptcy)provides to the 5of12 Rev.7/8/20 Packet Pg. 1344 G.2.d Department adequate assurances,reasonably acceptable to the Department,of its continuing ability and willingness to fulfill its obligations under the Contract: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by the Contractor of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of the Contractor's business or property; and/or iv. An action by the Contractor under any state insolvency or similar law for the purpose of its bankruptcy,reorganization,or liquidation. 19. Events of Default that Result in Immediate Termination. A a. The commitment of any material misrepresentation or omission in any materials,or discovery by the DepartmentCL of such,made by the Contractor in this Contract or in its response to the solicitation; C b. Employment of an unauthorized alien in the performance of the work,in violation of Section 274(A)of the Immigration and Nationality Act; and > c. Department's good faith belief that failure to comply with the Employment Eligibility Verification requirements CL of this Contract has occurred. CL 20. Suspension of Work. CL The Department may,in its sole discretion,suspend any or all activities under the Contract, at any time,when it is in W the best interest of the State to do so. The Department shall provide the Contractor with 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, the Contractor shall comply with the notice.Within 90 days,or any longer period agreed to by the parties,the Department shall either:(1) issue a notice authorizing resumption of work, at which time activity shall resume; or(2)terminate the Contract. If the Contract is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty 0 (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle the Contractor to any additional compensation. 0 21. Force Majeure. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the 0 negligence of the Contractor 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 the Contractor's 0- 4- control,or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable,the Contractor shall notify the Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause C, that creates or will create the delay first arose,if the Contractor could reasonably foresee that a delay could occur as a 0 result; or(2)if delay is not reasonably foreseeable,within five days after the date the Contractor first had reason to W believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.Providing notice in strict accordance with this paragraph 0 is a condition precedent to such remedy.No claim for damages,other than for an extension of time, shall be asserted against the Department. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, 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 the Contractor shall perform at no increased cost, X unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the N1 Contract to the Department, in which case the Department may (1) accept allocated performance or deliveries from 0 the Contractor, provided that the Contractor grants preferential treatment to Department with respect to products -J subjected to allocation;(2)contract with other sources(without recourse to and by the Contractor for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Contract quantity;or(3)terminate the Contract in whole or in part. 22. Indemnification. c� a. The Contractor shall be fully liable for the actions of its agents, employees,partners,or subcontractors and shall fully indemnify, defend, and hold harmless the Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees,partners, or subcontractors; provided,however,that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Department; 6of12 Rev.7/8/20 Packet Pg. 1345 G.2.d ii. the Contractor's breach of this Contract or the negligent acts or omissions of the Contractor. b. The Contractor's obligations under the preceding paragraph with respect to any legal action are contingent upon the Department giving the Contractor(1)written notice of any action or threatened action; (2)the opportunity to take over and settle or defend any such action at Contractor's sole expense; and(3) assistance in defending the action at Contractor's sole expense. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Contractors 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 A shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matterCL arising out of any contract or this Contract. C d. No provision in this Contract shall require the Department to hold harmless or indemnify the Contractor,insure or assume liability for the Contractor's negligence,waive the Department's sovereign immunity under the laws of Florida,or otherwise impose liability on the Department for which it would not otherwise be responsible. Any CL provision,implication or suggestion to the contrary is null and void. 0 23. Limitation of Liability. The Department's liability for any claim arising from this Contract is limited to compensatory damages in an amount W 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 Contract. Such liability is further limited to a cap of$100,000. 4- Unless otherwise specifically enumerated in the Contract,purchase order,or task order,Department shall not be liable to another for special,indirect,punitive,or consequential damages,including lost data or records(unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. Department shall not be liable for lost profits, lost revenue, or lost institutional operating 0 savings.The Department may,in addition to other remedies available to them at law or equity and upon notice to the Contractor,retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties,costs and the like asserted by or against them. The Department may set off any liability or other obligation of the Contractor or its affiliates to the Department against any payments due the Contractor under any contract with 0 c� the State. 24. Dispute Resolution. 0- 4- Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty-one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to 0 review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition `j precedent to the Contractor's ability to pursue any other form of dispute resolution;provided,however,that the parties a may employ the alternative dispute resolution procedures outlined in Chapter 120. 25. Remedies. All rights and remedies provided in this Contract are cumulative and not exclusive of any other rights or remedies that may be available to the Department, whether provided by law, equity, statute, in any other agreement between the �I parties or otherwise.Department shall be entitled to injunctive and other equitable relief,including,but not limited to, specific performance, to prevent a breach, continued breach or threatened breach of this Contract. No remedy or election hereunder shall be deemed exclusive. A failure to exercise or a delay in exercising, on the part of the X Department,any right,remedy,power or privilege hereunder shall not operate as a waiver thereof,nor shall any single W I or partial exercise of any right,remedy,power or privilege hereunder preclude any other or further exercise thereof or 0) the exercise of any other right, remedy, power or privilege. The Department may, in addition to other remedies available to it at law or in equity and upon notice to the Contractor,retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.Nothing in this Contract shall be construed to make the Contractor liable for force majeure events. 26. Ownership of Documents. All plans, specifications,maps,computer files,databases and/or reports prepared or obtained under this Contract, as well as data collected together with summaries and charts derived therefrom, shall become the property of the Department upon completion or termination of this Contract,without restriction or limitation on their use, and shall be made available upon request to the Department at any time during the performance of such services and/or upon completion or termination of this Contract. Upon delivery to the Department of said document(s), the Department shall become the custodian thereof in accordance with Chapter 119,F.S. Contractor shall not copyright any material and products or patent any invention developed under this Contract. 7of12 Rev.7/8/20 Packet Pg. 1346 G.2.d 27. Waiver. The delay or failure by the Department to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the 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. 28. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Contract.The Contractor shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this A Contract. CL b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the C convicted vendor list or the discriminatory vendor list: c3 i. Convicted Vendors.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 CL any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with C a public entity for the construction or repair of a public building or public work; may not submit CL bids,proposals,orreplies on leases of real property to apublic entity;may not be awarded or perform W work as a Contractor,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in 4- Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a 0 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 CL 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 c� business with any public entity. iii. Notification. The Contractor shall notify the Department if it or any of its suppliers,subcontractors, 0- 4- or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Contract. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the CL discriminatory vendor list may be directed to the Florida Department of Management Services, 0 Office of Supplier Diversity,at(850)487-0915. X 29. Employee Eligibility. Effective January 1,2021,Contractor is required to use the U.S.Department of Homeland Security's E-Verify system 0 to verify the employment eligibility of all employees used by the Contractor under this Contract,pursuant to Section 448.095, F.S. Also, the Contractor shall include in related subcontracts, if authorized under this Contract, a requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify system to verify employment eligibility of all employees used by the subcontractor for the performance of the Work. The subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for X the duration of the Contract.If the Department has a good faith belief that a subcontractor knowingly violated N1 §448.095(1), F.S. and notifies the Contractor of such, but the Contractor otherwise complied with this statute, the Contractor shall immediately terminate the contract with the subcontractor. 30. Compliance with Federal,State and Local Laws. CL .. a. The Contractor 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 Contractor shall include this provision in all subcontracts issued as a result of this Contract. 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 Contract. c. This Contract shall be governed by and construed in accordance with the laws of the State. d. Any dispute concerning performance of the Contract shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Contract will be in the courts,and venue will be in a court of competent 8of12 Rev.7/8/20 Packet Pg. 1347 G.2.d jurisdiction,in Leon County,Florida.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 Contract. 31. Scrutinized Companies. a. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Contract at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Contract. b. If this Contract is for more than one million dollars,the Contractor certifies that it and its subcontractors are also A not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran CL Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section C 287.135,F.S. Pursuant to Section 287.135, F.S.,the Department may immediately terminate this Contract at its sole option if the Contractor,its affiliates,or its subcontractors are found to have submitted a false certification; or if the Contractor,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the 0. Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran C Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the 0- Contract. c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then L_ they shall become inoperative. 4- 32. Lobbying and Integrity. The Contractor agrees that no funds received by it under this Contract will be expended for the purpose of lobbying 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 the Contractor and the State,the Contractor may 0 lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement.The Contractor shall comply with Sections 11.062 and 216.347,F.S. 33. Record Keeping. The Contractor shall maintain books,records and documents directly pertinent to performance under this Contract in 0 U 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 0- 4- the term of this Contract and for five (5)years following the completion date or termination of the Contract. In the event that any work is subcontracted,the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of the Department's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the 0 Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's `j business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The a Contractor shall retain such records for the longer of: (1)three years after the expiration of the Contract; or(2)the period required by the General Records Schedules maintained by the Florida Department of State (available at: a http://dos.mvflorida.com/library-archives/records-rnana erg nentlgeneral-records-schedules. pp 34. Audits. � I a. Inspector General.This Contract is subject to a post performance audit by the Department's or State's Inspector General.The Contractor 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 regarding the Contract. The Contractor will X comply with this duty and ensure that its Subcontracts issued under this Contract,if any,impose this requirement, WI in writing,on its sub-Contractors. b. Physical Access and Inspection.Department personnel shall be given access to and may observe and inspect work ®a being performed under this Contract,with reasonable notice and during normal business hours,including by any of the following methods: i. Contractor shall provide access to any location or facility on which Contractor is performing work, or storing or staging equipment,materials or documents; ii. Contractor shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Contract;and, iii. Contractor 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 Contract. c. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, the Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs 9of12 Rev.7/8/20 Packet Pg. 1348 G.2.d to the Contract pursuant to State and Federal guidelines (including cost allocation guidelines). The Department may also request a cost allocation plan in support of Contractor's multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Contractor must provide the additional proof within thirty (30) calendar days of such request. 35. Conflict of Interest. The Contractor 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. 36. Independent Contractor. The Contractor is an independent contractor and is not an employee or agent of the Department. A 37. Subcontracting. CL a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed C solely by the Contractor and may not be subcontracted or assigned without the prior written consent of the c3 Department. > b. The Department may, for cause,require the replacement of any Contractor's employee, subcontractor,or agent. CL Shall cause, includes technical or training qualifications, quality of work, change in security clearance, or non- C compliance with an applicable Department policy or other requirement. CL c. The Department may, for cause, deny access to the Department's secure information or any facility by any W Contractor employee,subcontractor,or agent. d. The Department's actions under paragraphs b. or c. shall not relieve the Contractor of its obligation to perform 4- all work in compliance with the Contract. The Contractor 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 the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. 0 e. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Contract embrace diversity enthusiastically. The award of subcontracts should reflect the full 0 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. 0 c� f. The Contractor 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 0- 4- both the Contractor 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 the Contractor to meet the required delivery schedule. CL 38. Improvements to Real Property. 0 If any state funds are provided under this Contract for the purchase of or improvements to real property,the Contractor `j shall grant to the state a security interest in the property equal to the amount of state funds provided for at least five C (5)years from the date of purchase or the completion of the improvements,unless otherwise provided by law. 39. Inspection at Contractor's Site. The Customer reserves the right to inspect,at any reasonable time with prior notice,the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 40. Americans with Disabilities Act. cs Contractors should identify any products that may be used or adapted for use by visually,hearing,or other physically X impaired individuals. I 41. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, _j quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately CL .. notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 42. Guarantee of Parent Company. In the event the Contractor is sold during the period the Contract is in effect,the Contractor agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of the Contractor. 43. Headings. The headings contained herein are for convenience only, do not constitute a part of this Contract and shall not be deemed to limit or affect any of the provisions hereof. 44. Modification of Terms. 10 of 12 Rev.7/8/20 Packet Pg. 1349 G.2.d This Contract contains all the terms and conditions agreed upon by the parties,which terms and conditions shall govern all transactions between the Department and the Contractor. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing,duly signed by each of the parties hereto,and attached to the original of this Contract,unless otherwise provided herein.No oral agreements or representations shall be valid or binding upon the Department or the Contractor. No alteration or modification of the Contract terms,including substitution of product,shall be valid or binding against the Department. Contractor may not unilaterally modify the terms of this Contract by affixing additional terms to product upon delivery(e.g.,attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product,whether written or electronic)or by incorporating such terms onto the Contractor's order or fiscal forms or A other documents forwarded by the Contractor for payment. Department's acceptance of product or processing of CL documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the CL proposed modification to terms and conditions. 45. Interpretation of Contract. a. Where appropriate:the singular includes the plural and vice versa;references to statutes or regulations include all CL statutory or regulatory provisions consolidating,amending or replacing the statute or regulation referred to;unless C otherwise indicated references to Rules are to the adopted rules in the Florida Administrative Code; the words CL "including," "includes" and "include" shall be deemed to be followed by the words "without limitation"; unless W otherwise indicated references to sections, appendices or schedules are to this Contract;words such as "herein," "hereof'and"hereunder"shall refer to the entire document in which they are contained and not to any particular 4- provision or section; words not otherwise defined which have well-known technical or construction industry meanings, are used in accordance with such recognized meanings;references to Persons include their respective successors and assigns and,in the case of Governmental Persons,Persons succeeding to their respective functions and capacities; and words of any gender used herein shall include each other gender where appropriate. 0 b. Contractor acknowledges and agrees that it has independently reviewed this Contract with legal counsel,and that it has the requisite experience and sophistication to understand,interpret and agree to the particular language of 0 the terms.Accordingly,if an ambiguity in(or dispute regarding the interpretation of)this Contract shall arise,the Contract shall not be interpreted or construed against the Department,and,instead,other rules of interpretation and 0 U construction shall be used. If the Contract is competitively procured, the Contractor further acknowledges and agrees that it had the opportunity and obligation, prior to submission of its Response, to review the terms and 0- 4- conditions of this Contract and to bring to the attention of the Department any conflicts or ambiguities contained therein. 46. Modifications Required by Law. Department reserves the right to revise this Contract to include additional language required by Federal agency(ies) 0 or other sources awarding funding to the Department in support of this Contract,if applicable,and to include changes w required by Florida law or Administrative Code rule changes. a 47. Survival. 0 The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Contract, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Contract. �I 48. Third Parties. The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of the Contractor, U its agents, servants, and employees. The Contractor shall not disclaim its own negligence to the Department or any X third party.This Contract does not and is not intended to confer any rights or remedies upon any person other than the WI parties. If the Department consents to a subcontract,the Contractor will specifically disclose that this Contract does 0 not create any third-party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Contract. 49. 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. 50. Contractor's Employees,Subcontractors and Agents. a. All Contractor employees,subcontractors,or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under the Contract must comply with all security and administrative requirements of the Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. 11 of 12 Rev.7/8/20 Packet Pg. 1350 G.2.d b. The Customer and the State shall take all actions necessary to ensure that Contractor's employees,subcontractors and other agents are not employees of the State of Florida. Such actions include,but are not limited to,ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers'compensations,and unemployment)from an employer other than the State of Florida. 51. Assignment. The Contractor shall not sell, assign, or transfer any of its rights, duties,or obligations under the Contract,or under any purchase order issued pursuant to the Contract,without the prior written consent of the Department.In the event of any assignment,the Contractor remains secondarily liable for performance of the Contract,unless the Department expressly waives such secondary liability. The Department may assign the Contract with prior written notice to the A Contractor of its intent to do so. CL 52. Antitrust Assignment. C, M The Contractor and the State of Florida recognize that in actual economic practice,overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the CL Contract. C 53. MFMP Transaction Fee CL a. The State through the Department of Management Services (DMS), has instituted MyFloridaMarketPlace W (MFMP), a statewide e-procurement system. Pursuant to Section 287.057(22)(c), F.S., all payments shall be assessed a Transaction Fee which the Contractor shall pay the State unless exempt pursuant to Rule 60A-1.031, 4- Florida Administrative Code(F.A.C.). b. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible,be automatically deducted from payments to the Contractor.If automatic deduction is not possible,the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031,F.A.C. By submission of these reports and 0 corresponding payments,the Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. c. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s)if such item(s)is/are returned to the Contractor through no fault,act,or omission of the Contractor. Notwithstanding 0 U the foregoing, a Transaction Fee is non-refundable when an item is rejected, returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of this Contract. 0- d. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering re-procurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS THAT ARE DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING CL FUTURE BUSINESS WITH THE STATE. 0 54. Execution in Counterparts. `j This Contract, any amendments,and/or change orders related to the Contract,may be executed in counterparts, each C 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 C force and effect as a written signature. pp 55. Warranty of Authority to Sign. Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. X c14 I E c5 12 of 12 Rev.7/8/20 Packet Pg. 1351 G.2.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions 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. 0 1. Insurance. CL CL Required Coverage. At all times during the Contract the Contractor,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 Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida. C, CL Additional insurance requirements for this Contract may be required elsewhere in this Contract,however the minimum insurance requirements applicable to this Contract are: a. Commercial General Liability Insurance. W The Contractor shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Contract. 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 Contractor's duties include the use of a commercial vehicle,the Contractor 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 be named as an additional insured on any automobile insurance policy. The minimum limits shall be as E follows: U $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable E $200,000/300,000 Hired and Non-owned Automobile Liability Coverage ,L_ c. Workers' Compensation and Employer's Liability Coverage. a The Contractor shall provide workers' compensation,in accordance with Chapter 440,F.S.,and employer's 2 liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 E E policy aggregate. Such policies shall cover all employees engaged in any work under the Contract. 0 X d. Other Insurance. None. 0 U) 2. Payment and Performance Bonds. There are no bonds required under this Contract. 3. Liquidated Damages. In addition to other remedies elsewhere in this Contract,and as provided by law,unless otherwise stipulated in the Scope of Work,the Contractor hereby covenants and agrees to pay liquidated damages to the Department as `j follows: C14 I a. The Contractor acknowledges that time is of the essence for all services provided under this Contract,and whereas the actual damages to be suffered by late performance are incapable of accurate calculation.Therefore, the parties agree that it is in the parties' best interests to agree upon a reasonable amount of liquidated damages, which are not intended to be a penalty and are solely intended to compensate for unknown and unascertainable damages. b. In addition to any other provisions of this Contract,in the event that the deliverable identified in the Scope,is not completed and submitted by the close of business on the date the deliverable is due,the compensation amount stated for that portion of the Work may be reduced by 1%per day for each day the deliverable is late, with the total amount of the liquidated damages not to exceed the total compensation amount of the Scope of Work deliverable. c. The date of submission of the deliverable shall be the date of receipt by the Department. 1 of 3 Packet Pg. 1352 G.2.d d. If completion is or will be justifiably delayed due to reasons set out in the Force Majeure provisions of this Contract,the Department may provide for additional time to complete the delayed deliverable as evidenced by an Amendment. 4. Retainage. No retainage is required under this Contract. 5. MFMP Transaction Fee. 0 Pursuant to Rule 60A-1.031,Florida Administrative Code,the Contractor is required to pay the MFMP Transaction A Fees for payments made pursuant to this Contract. CL CL 6. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Contract. 0 7. Subcontracting. C The Contractor shall not subcontract any services under this Contract. CL w 8. Personnel Changes. The Contractor may not replace its personnel assigned to perform under this Contract. 0 9. Intellectual Property. a. The Contractor's intellectual property rights that preexist this Contract will remain with the Contractor. Intellectual property rights to all property created or otherwise developed by Contractor specifically for the 0 Department will be owned by the State through the Department.Proceeds derived from the sale,licensing, marketing,or other authorization related to any such Department-controlled intellectual property right shall be CL handled in the manner specified by applicable statute. b. If the Contractor fails to provide,or no longer can provide,a deliverable or service under the Contract that 0 c� contains or otherwise utilizes intellectual property controlled by the Contractor,the Contractor shall grant the Department a royalty-free,paid-up,nonexclusive,perpetual license to use,modify,reproduce,distribute, 0- 4- publish or release to others,such Contractor-controlled intellectual property solely for use in connection with the deliverables or services under the Contract. g CL 10. Additional Terms. 0 a. The Contractor covenants that it presently has no interest,and shall not acquire any interest,which would `j conflict in any manner or degree with the performance of services required herein. In addition,the Contractor C agrees not to engage in any business transactions involving any of the tracts on which it makes appraisals under this Contract for a period of one(1)year following the appraisal,or in the event of condemnation,until the State C completes acquisition of the tract. pp I b. The performance of the services set forth herein requires the expertise of an individual appraiser and the exercise of his or her independent judgment.Therefore,it is understood and agreed by and between the Department and the Contractor that the Contractor shall appoint William H.Benson�W.H.Benson& X Company,to personally perform all the appraisal services specified herein;however,nothing herein shall be WI construed to prevent the Contractor from utilizing the services of other persons to assist William H.Benson in 0) performing said services to the extent that such services do not require the exercise of an appraiser's judgment, conclusion,or opinion. CL .. c. Additional Invoice and Payment Procedures. c� i. The Department will have 21 days to review and approve the Final Products. d 2of3 Packet Pg. 1353 G.2.d ii. Following receipt of an audit report identifying any reimbursement due the Department for non-compliance with this Contract,the Contractor will be allowed a maximum of sixty(60)days to submit any additional pertinent documentation to offset the amount identified as being due the Department. iii. The Contractor hereby certifies,covenants,and warrants that factual unit costs as shown on Attachment 3 supporting the compensation provided in the Task Assignments or Task Assignment Change Orders are accurate,complete,and current as of the date of this Contract. It is further agreed that the Contract price provided shall be adjusted to exclude any significant sums by which the Department determines the Contract price was increased due to inaccurate,incomplete,or other factual unit costs. A CL CL 0 CL CL M CL CL 0 U E 0 L_ 4- CL E 0 X C 0 U) I c5 X N CL 4i E c5 3of3 Packet Pg. 1354 G.2.d ATTACHMENT 3 SCOPE OF WORK The Department does hereby retain the Contractor to provide professional appraisal services for the State of Florida on a task assignment basis.The Department reserves the right to select additional professional consultants or firms for specialized projects or services within the State of Florida.No minimum amount of work is guaranteed by the Department to the Contractor as a result of executing this Contract. �? a� The Contractor's scope of work varies by the type of professional appraisal or valuation services needed for a specific assignment.Appraisal and appraisal review services require professional appraisal services. Other valuation CL services performed by the Contractor may include,but not limited to,consulting services,market studies, comparable sales analysis,etc. 0 0 A task assignment includes an anticipated scope of work specific to the appraisal assignment.Per the Uniform CL Standards of Professional Appraisal Practice, Scope of Work Rule,the appraiser must identify the problem to be M solved,determine the scope of work necessary to develop credible assignment results,and disclose the scope of w work in the appraisal report. 0 Deliverables Criteria: 0 Pursuant to 18-1.007(3)(b),Florida Administrative Code,The work for review is to include an Executive Summary for each parcel appraised and an Appraisal Checklist as well as other requirements for the appraisal format as stated _ in Section B,page 13 of the Supplemental Appraisal Standards for the Board of Trustees. a� Upon approval by the Chief Appraiser(pursuant to 18-1.002(4),FAC)or designee,provide an electronic copy of the Appraisal Report,by email or other agreed method of delivery,to the Bureau of Appraisal's Designated Task CL Manager. E U • Pursuant to 253.025(8)(c),Florida Statutes,prior to contracting,a signed and notarized affidavit is required of E the Fee Appraiser acknowledging no vested or fiduciary interest in the property that is the subject of this task ,L- assignment. a 0 • Each task assignment includes the timeline for deliverables.The first deliverable is due by close of business on C' the specified due date. • The date and time of the site visit must be communicated,in writing,to the DEP Designated Task Manager at C least three business days in advance of the inspection. 0 • The first deliverable is a document(draft appraisal report)to be reviewed by the Bureau of Appraisal.It must not have a date of report or any signatures.The format of this first deliverable should be substantially like the format described in the Supplemental Appraisal Standards for the Board of Trustees,Part B,General Format for an Appraisal Report. x • The document for review is an electronic document,preferably an Adobe®PDF®or a Microsoft®Word® N1 document,provided to the designated task manager on or before the due date.The document must allow all editing and commenting functions found in the two software programs identified in the previous sentence.The CL work for review will not include the following appraisal assignment elements:Date of Report,Date of Certification and Signatures. The work for review will be reviewed by the Bureau of Appraisal and possibly a a Fee Review Appraiser(pursuant to;253.025(8)(b),Florida Statutes(FS);or 18-1.007(5)(a),Florida E Administrative Code,(FAC)). • Failure to adequately respond in writing to the Department of Environmental Protection(DEP)Fee Review Appraiser or DEP Contract/Task Manager,within four working days,may result in a one percent of the total fee penalty per day. Page 1 of 3 Packet Pg. 1355 G.2.d • The final product for professional appraisal services is an approved appraisal reports in an accessible,electronic form that meets at least the minimum requirements of all standards,rules,laws and supplemental standards applicable to the specific appraisal assignment. • The final product for other valuation services is,generically,a report in an accessible,electronic form that meets at least the minimum requirements specific to the assignment. • All final products must meet the Department's criteria for accessibility to people with disabilities. a� A Responsibilities of the Department C, CL A. For the purposes of this Contract, the DEPARTMENT's Contract Manager shall be Jay F. Scott, telephone number(850)245-2658,or another appraiser designated by the DEPARTMENT as the Designated Task Manager as provided in an applicable Task Assignment Notification or Task Assignment Change Order Form. The 0 Contract Manager shall serve as liaison with the CONTRACTOR and shall approve all invoices prior to payment. C. B. The DEPARTMENT's Contract Manager will render requested decisions and authorizations promptly,in writing, M to prevent unreasonable delays. CL C. The DEPARTMENT shall issue Task Assignment Notification Forms and Task Assignment Change Order Forms to the CONTRACTOR for the products and services to be provided under this Contract. For purposes of this 0 Contract,the following representatives identified herein are delegated the authority to execute Task Assignment 0 Notification Forms and Task Assignment Change Order Forms for or on behalf of the DEPARTMENT. For Task Assignment whose total value does not exceed$35,000: Appraisal Administrator or Chief,Bureau of Appraisals For Task Assignments whose total value is in excess of$35,000,but does not exceed$100,000: Assistant Director,Division of State Lands CL For Task Assignments whose value is in excess of$100,000,but does not exceed$250,000: U Director,Division of State Lands E L- D. The DEPARTMENT shall compensate the CONTRACTOR for services rendered under this Contract in - accordance with each executed Task Assignment Notification Form or Task Assignment Change Order Form and 2 Section IV of this Contract. CL Responsibilities of the Contractor X w A. For the purposes of the Contract,the CONTRACTOR's Contract Manager shall be William H.Benson,telephone 9= number(321)984-0999. B. The CONTRACTOR fully understands and agrees that there shall be no reimbursement of funds by the DEPARTMENT for any obligation or expenditure made prior to the execution of this Contract and either a Task Assignment Notification Form or Task Assignment Change Order Form. �I C. This Contract shall be in effect upon execution by both parties and shall remain in full force and effect for a period of six(6)years from the date of execution. This Contract may not be renewed. D. The CONTRACTOR agrees to complete,and shall complete,the following within the term of this Contract at the X written direction of the DEPARTMENT: I 1. Appraisal Services Pursuant to Chapters 253 and 259,F.S. and/or Chapter 18-1,F.A.C.,as maybe amended; and, CL 2. Responses to Inquiries of the Auditor General. It is hereby understood and agreed by the parties hereto that the CONTRACTOR has been retained to provide appraisal services pursuant to written Task Assignments and/or Task Assignment Change Orders. All written E direction for such services shall be prescribed in an executed Task Assignment or Task Assignment Change Order. U Compensation for such services shall be negotiated,based on the rates in Attachment C, Fee Schedule,prior to the issuance of a Task Assignment or Task Assignment Change Order,unless certified as a valid public emergency pursuant to Section 287.058(2),Florida Statutes. 1 Appraisal report is defined in the Uniform Standards of Professional Practice and Florida Statute 475.611(1)(e). Approved appraisal report is defined in Florida Administrative Code 18-1.002(4). Page 2 of 3 Packet Pg. 1356 G.2.d E. The CONTRACTOR agrees to provide written documentation that all subcontractors utilized in accordance with Section IILG.have been compensated for services performed under each Task Assignment or Task Assignment Change Order. F. All notes, and work, associated with this project shall be open for review by the DEPARTMENT's Contract Manager during the CONTRACTOR's normal working hours. G. The CONTRACTOR shall be responsible for all work performed under the terms of this Contract. It is agreed that none of the services performed under this Contract shall be subcontracted to any individual or firm without the prior written consent of the DEPARTMENT's Contract Manager. Regardless of any subcontract, the CONTRACTOR is ultimately responsible for all work to be performed under this Contract. It is understood by A the CONTRACTOR that the DEPARTMENT shall not be liable to the subcontractor for any expenses or liabilities CL incurred under the subcontract and the CONTRACTOR shall be solely liable to the subcontractor for all expenses C and liabilities incurred under the subcontract. The CONTRACTOR agrees to indemnify, and to save and hold harmless the DEPARTMENT from any claims by the subcontractor against the DEPARTMENT which arise as a result of this Contract or any subcontract hereunder. CL H. The CONTRACTOR shall retain financial records, supporting documentation, statistical, and all other records C pertinent to this Contract for a period of five(5)years after final payment is made,except that such records shall CL be retained until final resolution of matters resulting from any litigation,claim,or audit that started prior to the W expiration of the retention period. The retention period commences from the date of the submission of the final a expenditure report. The records and documents shall be made available to the DEPARTMENT upon request. 4- 1. The CONTRACTOR, and all subcontractors of the CONTRACTOR, shall provide written certification to the 0 DEPARTMENT that all appraisals and appraisal reviews are substantially in compliance with the Supplemental Appraisal Standards for the Board of Trustees to the extent that they are applicable to the Task Assignment. The CONTRACTOR hereby acknowledges prior receipt of these standards. 0 CL 0 U E 0 L- 4- 0 CL E 0 X 0 U) I c5 X cN I 0) CL 4i E c5 Page 3 of 3 Packet Pg. 1357 G.2.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements ATTACHMENT 4 1. Public Records Access Requirements. a. If the Contract exceeds$35,000.00,and if the Contractor is acting on behalf of the Department in its performance of services under the Contract,the Contractor 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 the Contractor in conjunction with the Contract (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 Contract if the Contractor 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. If the Contractor is a"contractor"as defined in section 119.0701(1)(a),F.S.,the Contractor shall: a. Keep and maintain Public Records required by the Department to perform the service. b. Upon request,provide the 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 as otherwise provided by law. c. A Contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties ,0 under section 119.10,F.S. rsr d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not P P q =� 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 the Department. e. Upon completion of the Contract,transfer,at no cost,to the Department all Public Records in possession of the Contractor or keep and maintain Public Records required by the Department to perform the service.If the Contractor transfers all Public Records to the Department upon completion of the Contract,the Contractor shall destroy any duplicate Public Records that are CL exempt or confidential and exempt from Public Records disclosure requirements. If the Contractor keeps and maintains Public 0 Records upon completion of the Contract,the Contractor shall meet all applicable requirements for retaining Public Records.All U Public Records stored electronically must be provided to the Department,upon request from the Department's custodian of Public 0 Records,in a format specified by the Department as compatible with the information technology systems of the Department. 4- 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. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF 0 CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S r CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email ��tibl �°..: fl v.i s(�),Flo (1aQ P c� Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 CL CL Tallahassee, Florida 32399 E Page 1 of 1 Rev.6/13/2019 Packet Pg. 1358 G.2.d CL Attachmetx 5_ Fee Schedule for CL :\hhraisai Services 0 CL CL m CL Coutractor Name: . 7-1 , 11SOn Enter your proprtsCd lcC sChcdulC liar the calendar years Nho%vu. below. FCCS must be expressed us an .0 hourly ratC_ CL 2021: C ' a."r,v im' 2021?: .' r . ' u,�s°��' 0 CL 202 5: y .- . x r1tvmiser Signature C14I E U _'U]Q Contractl,t�itafirnt5ubmitPrutusal Altachmetx 5 t Or t Ccnxt'act No.f L49_7 Packet Pg. 1359 G.2.d STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Contractor Affidavit/Release of Claims Form EXHIBIT C This affidavit must be completed and signed by the Contractor when requesting final payment for a Florida Department of Environmental Protection (Department) authorized Task Assignment. The signature of the Contractor shall be notarized as set forth below. Final payment for a Task Assignment will not be released until this form is accepted by the Department. The undersigned certifies as follows: A 1. I, am the of L- C, (name of person appearing) (title of person appearing) C with the authority to > (name of Contractor) L C, make this statement on behalf, L 2. ("the Contractor")entered into an L- (name of company or person) 4- Agreement with the Department to perform certain work under Task Assignment No. 3. Contractor has completed the work in accordance with the aforementioned Work Assignment,including all attachments.Thereto. 0 4. All subcontractors have been paid in full. CL 5. Upon receipt by Contractor from Department of final payment under the aforementioned Work Assignment, Contractor releases U Department from any and all claims of Contractor and any of its subcontractors and vendors that may arise under,or by virtue of, E the Task Assignment,except those claims that maybe specifically exempt and set forth under the terms of this Contract. Exemptions L- claimed must be attached to this affidavit and reference the Task Assignment number. Any exemptions not attached are waived. a CL E 0 (Signature of Authorized Contractor Representative) X 0 U) ---------------------------------------------Notarization of Signature of Contractor(required)--------------------------------------------------- State of County of X Sworn to and subscribed before me by means of❑physical presence or❑ online notarization this c14 0) this day of 20 CL Notary Public E [Nota rr� Seal] Name typed,printed or stamped My Commission Expires: < Notary Public, State of Commission Number(if applicable) ❑Personally known OR❑Produced Identification Type of ID: Rev. 1/6/2020 Packet Pg. 1360 G.2.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD CONTRACT CONTRACT NO. PL497 This Contract is entered into between the Florida Department of Environmental Protection(Department)and Marr& Associates Appraisal Co.,Inc.,2665 Aucilla Road,Monticello,Florida 32344(Contractor),a Florida Profit Corporation. C, CL NOW,THEREFORE,the parties agree as follows: 1. Scope of Work. 0 The Contractor shall provide professional appraisal and other valuation services,as described more fully in Attachment 3, C, Scope of Work. M CL 2. Duration. a. Term. The Contract shall begin on October 01,2020 and continue until September 30,2026,unless otherwise 0 terminated. "- b. Renewals.This Contract shall not be renewed.. 3. Contract Managers. a� Department's Contract Manager Contractor's Contract Manager Name: Jay F. Scott Name: Trent Marr CLor successor Address: 3900 Commonwealth Boulevard Address: 1268 N.Circle Drive U Bureau of Appraisal,MS4I 10 Crystal River,FL 34429 E L- Tallahassee,Florida 32399-3000 4- Phone: (850)245-2658 Phone: 352-794-6128 2 Email: Jay.F.Scott(&,FloridaDEP.gov Email: Trent@marrappraisal.com CL 0 X 4. Attachments and Exhibits. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: Q 00 c14 © Attachment 1: Standard Terms and Conditions for Noncompetitively Procured Contracts © Attachment 2: Special Terms and Conditions W 0 Attachment 3: Scope of Work 0 Attachment 4:Public Records Requirements 0 Attachment 5:Price Sheet ❑ Attachment 6:Technology Standards I ❑ Attachment 7: Contractor's Proposal(RFPs Only) ❑ Attachment 8: Contractor's BAFO(ITNs Only) ❑ Additional Attachments(if necessary): X ❑ Exhibit A: General Contract Conditions—PUR 1000 ❑ Exhibit B: Subcontractor Utilization Report Form © Exhibit C: Contractor Affidavit/Release of Claims Form CL ❑ Exhibit D: Quality Assurance Requirements for Contracts ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo E ❑ Additional Exhibits(if necessary): Contract No.PL497 1 of 2 Rev.7/8/2020 Packet Pg. 1361 G.2.e 5. Compensation. a. As consideration for the services rendered by Contractor under the terns of this Contract,the Department shall pay the Contractor on a fixed price basis up to a maximum of$250,000.00 for the completion of services as specified in the Scope of Work. b. The Department shall not reimburse the Contractor for any costs incurred in the performance of this Contract. �r as IN WITNESS WHEREOF,this Contract shall be effective on the date indicated above or the last date signed below, A whichever is later. MARK&ASSOCIATES APPRAISAL CO.,INC. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTEf f ION Auii _.. Secretary( gnature Se or Designee � - ,.0 w Date Sued 0 to Signa tI tier _ � . nt Name arced Title ofl rson Signing n ITTSongn mg as FFIt'.t No.65-0288743 9 Additional Signatures attached on sepandte pate, c U E 0 4 0 E as X co w I Qa U 0 X w I 0 E U Contract No.PL447 2 of 2 Rev.7/8/2020 Packet Pg. 173672 G.2.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Terms and Conditions for Noncompetitively Procured Contracts ATTACHMENT 1 1. Entire Agreement. C, M This Contract,including any Attachments and Exhibits referred to herein and/or attached hereto,constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements,whether y written or oral, with respect to such subject matter. Any terms and conditions included on Contractor's forms or CL invoices shall be null and void. C, M 2. Contract Administration. CL a. Order of Precedence. If there are conflicting provisions among the documents that make up the Contract, the W order of precedence for interpretation of the Contract is as follows: i. Standard Contract 4- ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Contract 0 iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Contract b. All approvals,written or verbal,and other written communication between the parties,including all notices,shall 0 be obtained by or sent to the parties' Contract Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected 0 by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when C' receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered 0 delivered at the earliest delivery time. E c. If a different Contract Manager is designated by either party after execution of this Contract,notice of the name 0- and contact information of the new Contract Manager will be submitted in writing to the other party and 4- maintained in the respective parties'records.A change of Contract Manager does not require a formal amendment g or change order to the Contract. CL d. This Contract may be amended only by a written agreement between both parties.Amendments shall be based on 0 availability of funding. A change order may be used when there is(1)a change in the subcontractor or approval X of subcontractors, (2)changes in deliverables due dates that do not change the overall Contract term or increase T- in the deliverable price or Contract amount, or (3) changes in the price of an individual deliverable in cost reimbursement Contract when the overall Contract amount does not change. All other changes shall be done � through a formal amendment. c14 e. There is no minimum amount of work guaranteed as a result of this Contract. Any and all work assigned will be at the sole discretion of the Florida Department of Environmental Protection("Department"). w f. The Department reserves the right to suspend or terminate any portion of this Contract or any other contract with _ the Department,if the Department and Contractor(or any of its affiliates or authorized subcontractors)are adverse in any litigation, administrative proceeding or alternative dispute resolution. The suspension may last until such adverse relationship is resolved either by agreement or by final non-appealable order of a court. g. All days in this Contract are calendar days unless otherwise specified. 3. Contract Duration. a. Term. The term of the Contract shall begin and end on the dates indicated in the Standard Contract, unless extended or terminated earlier in accordance with the applicable terms and conditions. b. Renewals. Any renewals provided under the Contract must meet the requirements of Section 287.058(1)(g), X Florida Statute(F.S.),which is incorporated herein by reference. If the Standard Contract indicates renewals are W� available, the contract may be renewed for those timeframe(s). All renewals are contingent upon satisfactory performance by Contractor. Renewals may be for the entire period or in increments. 4. Deliverables. CL The Contractor agrees to render the services or otherwise provide deliverables as set forth in Attachment 3, Scope of Work and as otherwise set forth in this Contract. The services and/or deliverables shall be delivered in accordance E E with the schedule and at the pricing outlined in the Contract.Deliverables may be comprised of activities that must be c� completed prior to the Department making payment on that deliverable. 5. Performance Measures. 1of12 Rev.7/8/20 Packet Pg. 1363 G.2.e The Contractor warrants that:(1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Scope of Work; (3)Any and all such equipment,products or materials necessary to perform these services, or requirements shall be supplied by the Contractor; (4)the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (5)the services shall not ? infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(6)its employees, 0 subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes for work done at the Department or other location(s).The Department reserves the right to investigate or inspect at any time to CL determine whether the services or qualifications offered by the Contractor meet the Contract requirements. Notwithstanding any provisions herein to the contrary,written acceptance of aparticular deliverable does not foreclose 0 Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 0 6. Warranty of Ability to Perform. C, C, The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action,proceeding, or M investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the CL Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes,or on any similar 0 list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 7. Acceptance of Deliverables. _ a. Acceptance Process. All deliverables must be received and accepted in writing by the Department's Contract .0 Manager before payment.If the Department's Contract Manager does not accept the 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 Scope of CL Work,as incomplete,inadequate,or unacceptable due,in whole or in part,to the Contractor's lack of satisfactory E performance under the terms of this Contract.Failure to fulfill the applicable technical requirements or complete U all tasks or activities in accordance with the Scope of Work will result in rejection of the deliverable and the E 0 associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made 4- acceptable to the Department in accordance with the Contract requirements. The Department,at its option,may allow additional time within which the Contractor may remedy the objections noted by the Department. The CL Contractor shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable timeframe.The Contractor's efforts to correct the rejected deliverables will be at the Contractor's sole X expense. The Contractor's failure to make adequate or acceptable deliverables after a reasonable opportunity to W do so shall constitute an event of default. V- 8. Financial Consequences for Nonperformance. Q c14 a. Withholding Pam In addition to the specific consequences explained in the Scope of Work and/or Special 00 Terms and Conditions, the State of Florida(State)reserves the right to withhold payment when the Contractor has failed to perform/comply with provisions of this Contract. None of the financial consequences for nonperformance in this Contract,as more fully described in the Scope of Work,shall be considered penalties. W b. Corrective Action Plan. If the Contractor fails to correct all the deficiencies in a rejected deliverable within the > specified timeframe,the Department may, in its sole discretion,request that a proposed Corrective Action Plan w (CAP)be submitted by the Contractor to the Department. The Department request that the Contractor specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than CU sixty (60)calendar days. 1 i. The Contractor shall submit a CAP within ten(10)calendar days of the date of the written request from the Department. The CAP shall be sent to the Contract Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Contractor in writing whether the proposed CAP has been accepted. If the CAP is not accepted,the Contractor w� shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above may result in the Department's termination of this Contract for cause as authorized in this CL Contract. ii. Upon the Department's notice of acceptance of a proposed CAP,the Contractor shall have ten(10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP E by the Department does not relieve the Contractor of any of its obligations under the Contract. In the event the CAP fails to correct or eliminate performance deficiencies by Contractor, the Department shall retain the right to require additional or further remedial steps,or to terminate this Contract for failure to perform. No actions approved by the Department or steps taken by the 2of12 Rev.7/8/20 Packet Pg. 1364 G.2.e Contractor shall preclude the Department from subsequently asserting any deficiencies in performance. The Contractor shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department's Contract Manager. ? iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the 0 performance of the Contract as specified by the Department may result in termination of the Contract. CL CL 9. Payment. a. Payment Process. Subject to the terms and conditions established by the Contract,the pricing per deliverable,and 0 the billing procedures established by the Department,the Department agrees to pay the Contractor for services 0 rendered in accordance with Section 215.422, F.S. Contractor shall submit invoices to the Department within CL thirty (30) days after the date of the Department's written acceptance of each interim deliverable or the final M deliverable specified in the Scope of Work. Invoices and the appropriate documentation shall be submitted via CL email to the Department's Contract Manager. Contractor's failure to submit invoices within this timeframe may result in forfeiture of retainage suspension or termination of remaining work,or the Contractor's forfeiture of any 0 unpaid balance for such deliverables. 0 b. Vendor Rights. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Contractors who may be experiencing Problems in _ obtaining timely payment(s)from state agencies. The vendor Ombudsman may be reached at(850)413-5516. c. Taxes. The Department is exempted from payment of State sales and use taxes and Federal excise taxes. The Contractor,however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes, or for payment by the Contractor to suppliers for taxes on materials used to fulfill its contractual CL obligations with the Department. The Contractor shall not use the Department's exemption number in securing E such materials.The Contractor shall be responsible and liable for the payment of all its FICA/Social Security and U other taxes resulting from this Contract. E 0 d. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department pursuant to the Scope of Work shall be submitted to the Department in sufficient detail for a proper pre-audit and C post-audit to be performed.The Contractor shall only invoice the Department for deliverables that are completed CL in accordance with the Scope of Work. e. Multiple Payment Request.Contractor's submitted invoice shall represent a full account of the work done during X each invoice period, and include all fees and costs claimed for work done during that period. Department's w payment of an invoice shall constitute full payment and a final settlement of all of Contractor's claims for services T_ provided during the invoice period. No subsequently asserted claims or invoices for services performed during a Q previously invoiced period will be payable by the Department. 00 f. Interim Payments. Interim payments may be made by the Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by the Department's Contract Manager. g. Final Payment Request. A final payment request should be submitted to the Department no later than sixty (60) W calendar days following the completion date of the Contract to ensure the availability of funds for payment. > However,all work performed pursuant to the Scope of Work must be performed on or before the completion date w of the Contract. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Contract is M contingent upon an annual appropriation by the Legislature. Authorization for continuation and completion of work and any associated payments may be rescinded,with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. i. Interest Rates.All interest rates charged under the Contract shall be calculated on the prevailing rate used by the 0 State Board of Administration. Interest payments of less than$1 will not be issued unless Contractor requests W� such payment. To obtain the applicable interest rate, please refer to: http://www.myfloridacfo.corn/Divisioli/AANendors/def,lult.htm. j. Limitation on Pam Contractor shall not be compensated for services performed prior to execution of this Contract,for services performed following its expiration,termination,or suspension,nor for services that exceed the funding amount specified herein or in any amendment to this Contract. It is the Contractor's responsibility to know when the authorized compensation amount of the Contract will be reached. Contractor shall not perform, E nor be compensated for,any services beyond the services described in the Scope of Work. 10. Documentation Required for Cost Reimbursement Contracts. If Cost Reimbursement is authorized in the Standard Contract,the following conditions apply.To be eligible for reimbursement,costs and supporting documentation must be in compliance with laws,rules,and regulations 3of12 Rev.7/8/20 Packet Pg. 1365 G.2.e governing agreements for services,including,but not limited to,the Reference Guide for State Expenditures,which can be accessed at the following web address: https://www.jnyfloridacfo.com/DivisiornlAA/Manuals/documents/ReferenceGuideforStateExpenditures.pddf. Invoices for cost reimbursement shall be supported by an itemized listing of expenditures by category (salary,travel ? expenses,etc.). Supporting documentation must indicate that the item was paid and indicate the date of service. 0 11. Preferred Pricing Clause. If this Contract incorporates the PUR 1000, section 4.(b), and it is applicable, or other preferred pricing clause,the CL Contractor must submit an affidavit, at least annually, attesting that Contract is in compliance with the preferred- pricing clause. 12. Changes. 0 The Customer may unilaterally require,by written order,changes altering,adding to,or deducting from the Contract CL specifications,provided that such changes are within the general scope of the Contract. The Customer may make an M equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such w equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise,the Customer may solicit separate bids to satisfy them. 0 13. Retainage. 0 The following provisions apply if the Department withholds retainage under this Contract: a. The Department reserves the right to establish the amount and application of retainage on the work performed _ under this Contract up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Reaainage may be withheld from each payment to Contractor, pending satisfactory completion of work and approval of all deliverables. b. The Department reserves the right to withhold payment of retainage for Contractor's failure to respond to or CL correct identified deficiencies within the timeframe stipulated in the Scope of Work.The Department shall provide E written notification to Contractor of identified deficiencies and the Department's intent to withhold retainage. U Contractor's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will E 0 result in forfeiture of retainage by Contractor. 4- c. If Contractor fails to perform the requested work,or fails to perform the work in a satisfactory manner,Contractor a shall forfeit its right to payment for the work and the retainage called for under the entire Scope of Work. Failure CL to perform includes,but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. X d. No retainage shall be released or paid for incomplete work while this Contract is suspended. W e. Except as otherwise provided above, Contractor shall be paid the retainage associated with the work,provided V- Contractor has completed the work and submits an invoice for retainage held in accordance with the invoicing Q procedures under this Contract. 00 c14 14. Insurance. a. Proof of Insurance. Upon execution of this Contract,the Contractor shall provide the Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of W any work under this Contract. Upon receipt of written request from the Department,the Contractor shall furnish > the Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization,or other certification of self-insurance. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor providing such insurance. c. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Contractor cannot get adequate coverage,the Contractor shall immediately notify the Department of such 0 cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide W� proof of such replacement coverage within ten(10)days after the cancellation of coverage. d. Insurance Requirements for Sub-Contractors.Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract,regardless of whether the Department has approved such subcontract CL or subcontractor. Any subcontracts made under or in performance of this Contract must include the same conditions specified in this Contract, and shall include a release of any rights, claims or liabilities against the as Department. The level of insurance to be carried by subcontractors performing work under this Contract shall be E at the discretion of Contractor. 15. Termination. a. Termination for Convenience. When it is in the State's best interest,the Department may, in its sole discretion, terminate the Contract in whole or in part by giving thirty (30) days written notice to the Contractor. The 4 of 12 Rev.7/8/20 Packet Pg. 1366 G.2.e Department shall notify the Contractor of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Contract is to be terminated. The Contractor must submit all invoices for work to be paid under this Contract 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. A b. Termination for Cause. The Department may terminate this Contract if any of the events of default described in the Events of Default provision below occur or in the event that the Contractor fails to fulfill any of its other CL obligations under this Contract. If, after termination, it is determined that the Contractor 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 the Department.The rights and remedies of the Department in this clause are 0 in addition to any other rights and remedies provided by law or under this Contract. CL C, c. Contractor Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination, M unless otherwise directed by the Department, the Contractor shall not furnish any service or deliverable on the w date, and to the extent specified, in the notice. However,the Contractor shall continue work on any portion of the Contract not terminated. If the Contract is terminated before performance is completed,the Contractor shall 0 be paid only for that work satisfactorily performed for which costs can be substantiated. The Contractor shall not 0 be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If the Department has paid for any services prior to the expiration,cancellation, _ or termination of the Contract,the Contractor shall continue to provide the Department with those services for which it has already been paid or,at Department's discretion, Contractor 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 Contract. If services provided under CL the Contract are being transitioned to another provider(s),the Contractor shall assist in the smooth transition of E Contract services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to U cooperate with the new provider(s),however additional requirements may be outlined in the Scope of Work. The E 0 Contractor shall not perform any services after Contract expiration or termination,except as necessary to complete 4- the transition or continued portion of the Contract,if any. 16. Step-in Rights. CL If the Contractor is in material breach of its obligation to perform any of the services under the Contract and fails to remedy such breach within ten(10)days after written notice of the breach from the Department,the Department, at X its sole discretion,shall have the right to"step-in"(i.e.perform the work itself)or hire another contractor to perform W these services. Contractor shall be liable to the Department for any fees or expenses that the Department may incur V_ in exercising its step-in rights or securing a substitute provider to assume completion of those services. Q 17. Notice of Default. 00 If the Contractor defaults in the performance of any covenant or obligation contained in the Contract,including, any of the events of default, the Department shall provide notice to the Contractor 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 Contractor fail to perform within the > time provided,the Contractor will be found in default,and the Department may terminate the Contract effective as of W the date of receipt of the default notice. 18. Events of Default Subject to the Notice of Default Provision. Provided such failure is not the fault of the Department or outside the reasonable control of the Contractor, the following non-exclusive list of events,acts,or omissions,shall constitute events of default. a. The commitment of any material breach of this Contract by the Contractor,including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of 0 the performance of the work, failure to resume work that has been discontinued within a reasonable time after W� notice to do so,or abandonment of the Contract; b. Failure to maintain adequate progress,thus endangering the performance of the Contract; c. Failure to honor any term of the Contract; CL d. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Contractor by a state or other licensing authority; e. Failure to pay any and all entities,individuals, and furnishing labor or materials, or failure to make payment to E any other entities as required by this Contract; f. Failure to comply with a preferred-pricing clause required by this Contract,if any,at the Department's discretion; g. Failure to maintain the insurance required by this Contract; 5of12 Rev.7/8/20 Packet Pg. 1367 G.2.e h. One or more of the following circumstances, uncorrected for more than 30 calendar days unless, within the specified 30-day period, the Contractor (including its receiver or trustee in bankruptcy) provides to the Department adequate assurances, reasonably acceptable to the Department, of its continuing ability and willingness to fulfill its obligations under the Contract: ? i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by the Contractor of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of the Contractor's business or CL property; and/or iv. An action by the Contractor under any state insolvency or similar law for the purpose of its 0 bankruptcy,reorganization,or liquidation. 0 19. Events of Default that Result in Immediate Termination. C, C, a. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department M of such,made by the Contractor in this Contract or in its response to the solicitation; CL b. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; and 0 c. Department's good faith belief that failure to comply with the Employment Eligibility Verification requirements 0 of this Contract has occurred. 20. Suspension of Work. _ The Department may,in its sole discretion,suspend any or all activities under the Contract,at any time,when it is in .0 the best interest of the State to do so. The Department shall provide the Contractor with 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, the Contractor shall CL comply with the notice.Within 90 days,or any longer period agreed to by the parties,the Department shall either:(1) E issue a notice authorizing resumption of work, at which time activity shall resume; or(2)terminate the Contract. If U the Contract is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty E 0 (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle the 4- Contractor to any additional compensation. 29= 21. Force Majeure. CL The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts X of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's W control,or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available T- to the Contractor. In case of any delay the Contractor believes is excusable,the Contractor shall notify the Department Q in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause ova c14 that creates or will create the delay first arose,if the Contractor 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 the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE W REMEDY OR EXCUSE WITH RESPECT 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 the Department. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including M 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 the Contractor shall perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the 0 Contract to the Department,in which case the Department may (1) accept allocated performance or deliveries from W� the Contractor, provided that the Contractor grants preferential treatment to Department with respect to products I- subjected to allocation;(2)contract with other sources(without recourse to and by the Contractor for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may 0- be deducted from the Contract quantity;or(3)terminate the Contract in whole or in part. 22. Indemnification. as a. The Contractor shall be fully liable for the actions of its agents,employees,partners,or subcontractors and shall E fully indemnify, defend, and hold harmless the Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees,partners, or subcontractors; provided,however,that the 6 of 12 Rev.7/8/20 Packet Pg. 1368 G.2.e Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Department; ii. the Contractor's breach of this Contract or the negligent acts or omissions of the Contractor. b. The Contractor's obligations under the preceding paragraph with respect to any legal action are contingent upon ? the Department giving the Contractor(1)written notice of any action or threatened action; (2)the opportunity to 0 take over and settle or defend any such action at Contractor's sole expense; and(3) assistance in defending the action at Contractor's sole expense. CL c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Contractors that are governmental entities: Each party hereto agrees that it shall be solely responsible for the 0 negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a 0 waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein CL shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter M arising out of any contract or this Contract. w d. No provision in this Contract shall require the Department to hold harmless or indemnify the Contractor,insure or assume liability for the Contractor's negligence,waive the Department's sovereign immunity under the laws 0 of Florida,or otherwise impose liability on the Department for which it would not otherwise be responsible. Any 0 provision,implication or suggestion to the contrary is null and void. 23. Limitation of Liability. _ The Department's liability for any claim arising from this Contract 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 Contract. Such liability is further limited to a cap of$100,000. Unless otherwise specifically enumerated in the Contract,purchase order,or task order,Department shall not be liable to another for special,indirect,punitive,or consequential damages,including lost data or records(unless the contract E or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such U damages are possible. Department shall not be liable for lost profits, lost revenue, or lost institutional operating E 0 savings. The Department may,in addition to other remedies available to them at law or equity and upon notice to the 4- Contractor,retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, a penalties,costs and the like asserted by or against them. The Department may set off any liability or other obligation of the Contractor or its affiliates to the Department against any payments due the Contractor under any contract with the State. X 24. Dispute Resolution. W Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, V_ who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive Q unless within twenty-one (21) days from the date of receipt, the Contractor files with the Customer a petition for 00 c14 administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution;provided,however,that the parties W may employ the alternative dispute resolution procedures outlined in Chapter 120. > 25. Remedies. w� All rights and remedies provided in this Contract are cumulative and not exclusive of any other rights or remedies that may be available to the Department, whether provided by law, equity, statute, in any other agreement between the M parties or otherwise. Department shall be entitled to injunctive and other equitable relief, including,but not limited to,specific performance,to prevent a breach,continued breach or threatened breach of this Contract. No remedy or election hereunder shall be deemed exclusive. A failure to exercise or a delay in exercising, on the part of the Department,any right,remedy,power or privilege hereunder shall not operate as a waiver thereof,nor shall any single 0 or partial exercise of any right,remedy,power or privilege hereunder preclude any other or further exercise thereof or w� the exercise of any other right, remedy, power or privilege. The Department may, in addition to other remedies I- available to it at law or in equity and upon notice to the Contractor,retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.Nothing CL in this Contract shall be construed to make the Contractor liable for force majeure events. 26. Ownership of Documents. All plans, specifications,maps,computer files,databases and/or reports prepared or obtained under this Contract, as E well as data collected together with summaries and charts derived therefrom, shall become the property of the Department upon completion or termination of this Contract,without restriction or limitation on their use, and shall be made available upon request to the Department at any time during the performance of such services and/or upon completion or termination of this Contract. Upon delivery to the Department of said document(s), the Department 7of12 Rev.7/8/20 Packet Pg. 1369 G.2.e shall become the custodian thereof in accordance with Chapter 119,F.S. Contractor shall not copyright any material and products or patent any invention developed under this Contract. 27. Waiver. The delay or failure by the Department to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Department's right thereafter to enforce those rights, nor shall any single or partial 0 exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 28. Statutory Notices Relating to Unauthorized Employment and Subcontracts. CL a. The Department shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor/subcontractor knowingly employs 0 unauthorized aliens,such violation shall be cause for unilateral cancellation of this Contract.The Contractor shall 0 be responsible for including this provision in all subcontracts with private organizations issued as a result of this CL Contract. M b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the CL convicted vendor list or the discriminatory vendor list: i. Convicted Vendors. 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 0 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 .0 or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the CL date of being placed on the convicted vendor list. E ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor U list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a 0 public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the 4- construction or repair of a public building or public work;may not submit bids,proposals,or replies a on leases of real property to a public entity; may not be awarded or perform work as a contractor, CL supplier,subcontractor,or consultant under a contract with any public entity; and may not transact E business with any public entity. x iii. Notification. The Contractor shall notify the Department if it or any of its suppliers,subcontractors, W or consultants have been placed on the convicted vendor list or the discriminatory vendor list during T- the life of the Contract. The Florida Department of Management Services is responsible for Q maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the 00 discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 29. Employee Eligibility. W Effective January 1,2021,Contractor is required to use the U.S.Department of Homeland Security's E-Verify system > to verify the employment eligibility of all employees used by the Contractor under this Contract,pursuant to Section w 448.095, F.S. Also, the Contractor shall include in related subcontracts, if authorized under this Contract, a requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify M system to verify employment eligibility of all employees used by the subcontractor for the performance of the Work. The subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the Contract. If the Department has a good faith belief that a subcontractor knowingly violated 0 §448.095(1), F.S. and notifies the Contractor of such, but the Contractor otherwise complied with this statute, the W� Contractor shall immediately terminate the contract with the subcontractor. 30. Compliance with Federal,State and Local Laws. a. The Contractor 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 Contractor shall include this provision in all subcontracts issued as a result of this Contract. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be E excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Contract. c. This Contract shall be governed by and construed in accordance with the laws of the State. 8of12 Rev.7/8/20 Packet Pg. 1370 G.2.e d. Any dispute concerning performance of the Contract shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Contract will be in the courts, and venue will be in a court of competent jurisdiction,in Leon County,Florida. 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 Contract. ? 31. Scrutinized Companies. 0 a. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S.,the Department may immediately terminate this Contract at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor,or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of 0 Israel during the term of the Contract. 0 b. If this Contract is for more than one million dollars,the Contractor certifies that it and its subcontractors are also 0. not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Contract at its sole option if the Contractor,its affiliates,or its subcontractors are found to have submitted a false certification; 0 or if the Contractor,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the 0 Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the _ Contract. .0 c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then 2 they shall become inoperative. 32. Lobbying and Integrity. 0. The Contractor agrees that no funds received by it under this Contract will be expended for the purpose of lobbying E the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section U 287.058(6),F.S.,during the term of any executed agreement between the Contractor and the State,the Contractor may E 0 lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement.The Contractor shall comply with Sections 11.062 and 216.347,F.S. C 33. Record Keeping. The Contractor shall maintain books,records and documents directly pertinent to performance under this Contract in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The X Department,the State,or their authorized representatives shall have access to such records for audit purposes during w the term of this Contract and for five (5)years following the completion date or termination of the Contract. In the V_ event that any work is subcontracted,the Contractor shall similarly require each subcontractor to maintain and allow Q access to such records for audit purposes. Upon request of the Department's Inspector General,or other authorized 00 c14 State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The W Contractor shall retain such records for the longer of: (1)three years after the expiration of the Contract; or(2)the > period required by the General Records Schedules maintained by the Florida Department of State (available at: W http://dos.my florida.corn/library-archives/records-management/general-records-schedules). 34. Audits. a. Inspector General. This Contract is subject to a post performance audit by the Department's or State's Inspector General.The Contractor 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 regarding the Contract. The Contractor will comply with this duty and ensure that its Subcontracts issued under this Contract,if any,impose this requirement, 0 in writing,on its sub-Contractors. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Contract,with reasonable notice and during normal business hours, including by any of the following methods: CL i. Contractor shall provide access to any location or facility on which Contractor is performing work, or storing or staging equipment,materials or documents; as ii. Contractor shall permit inspection of any facility, equipment, practices, or operations required in E performance of any work pursuant to this Contract; and, iii. Contractor 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 Contract. 9of12 Rev.7/8/20 Packet Pg. 1371 G.2.e c. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, the Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Contract pursuant to State and Federal guidelines (including cost allocation guidelines). The Department may also request a cost allocation plan in support of Contractor's multipliers (overhead, indirect, general ? administrative costs, and fringe benefits). The Contractor must provide the additional proof within thirty (30) calendar days of such request. 35. Conflict of Interest. C, C, The Contractor 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. 36. Independent Contractor. 0 The Contractor is an independent contractor and is not an employee or agent of the Department. CL CL 37. Subcontracting. M a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed w solely by the Contractor and may not be subcontracted or assigned without the prior written consent of the Department. b. The Department may, for cause,require the replacement of any Contractor's employee, subcontractor,or agent. 0 Shall cause, includes technical or training qualifications, quality of work, change in security clearance, or non- compliance with an applicable Department policy or other requirement. _ c. The Department may, for cause, deny access to the Department's secure information or any facility by any Contractor employee,subcontractor,or agent. d. The Department's actions under paragraphs b. or c. shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract.The Contractor shall be responsible for the payment of all monies due C. under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities E incurred under any subcontract and the Contractor shall be solely liable to the subcontractor for all expenses and U liabilities incurred under any subcontract. 0 e. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Contract embrace diversity enthusiastically. The award of subcontracts should reflect the full C diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting CL opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. f. The Contractor shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused X by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of W both the Contractor and the subcontractor(s), and without the fault or negligence of either, unless the V_ subcontracted products or services were obtainable from other sources in sufficient time for the Contractor to Q meet the required delivery schedule. 00 38. Improvements to Real Property. If any state funds are provided under this Contract for the purchase of or improvements to real property,the Contractor shall grant to the state a security interest in the property equal to the amount of state funds provided for at least five (5)years from the date of purchase or the completion of the improvements,unless otherwise provided by law. > 39. Inspection at Contractor's Site. W The Customer reserves the right to inspect,at any reasonable time with prior notice,the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are M adequate and suitable for proper and effective Contract performance. 40. Americans with Disabilities Act. a� Contractors should identify any products that may be used or adapted for use by visually,hearing,or other physically impaired individuals. 41. Governmental Restrictions. W If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality,workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing,indicating the specific restriction. The Customer reserves the right and the complete CL discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 42. Guarantee of Parent Company. In the event the Contractor is sold during the period the Contract is in effect,the Contractor agrees that it will be a E requirement of sale that the new parent company guarantee all of the obligations of the Contractor. 43. Headings. The headings contained herein are for convenience only, do not constitute a part of this Contract and shall not be deemed to limit or affect any of the provisions hereof. 10 of 12 Rev.7/8/20 Packet Pg. 1372 G.2.e 44. Modification of Terms. This Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Department and the Contractor. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, ? duly signed by each of the parties hereto, and attached to the original of this Contract, unless otherwise provided 0 herein. No oral agreements or representations shall be valid or binding upon the Department or the Contractor. No alteration or modification of the Contract terms,including substitution of product,shall be valid or binding against the CL Department. Contractor may not unilaterally modify the terms of this Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms 0 accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the 0 Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. Department's CL acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment M shall not constitute acceptance of the proposed modification to terms and conditions. CL 45. Interpretation of Contract. a. Where appropriate:the singular includes the plural and vice versa;references to statutes or regulations include all 0 statutory or regulatory provisions consolidating,amending or replacing the statute or regulation referred to;unless 0 otherwise indicated references to Rules are to the adopted rules in the Florida Administrative Code; the words "including," "includes" and "include" shall be deemed to be followed by the words "without limitation"; unless _ otherwise indicated references to sections, appendices or schedules are to this Contract;words such as "herein," "hereof'and"hereunder" shall refer to the entire document in which they are contained and not to any particular provision or section; words not otherwise defined which have well-known technical or construction industry meanings,are used in accordance with such recognized meanings;references to Persons include their respective CL successors and assigns and,in the case of Governmental Persons,Persons succeeding to their respective functions E and capacities; and words of any gender used herein shall include each other gender where appropriate. U b. Contractor acknowledges and agrees that it has independently reviewed this Contract with legal counsel,and that E 0 it has the requisite experience and sophistication to understand,interpret and agree to the particular language of 4- the terms. Accordingly, if an ambiguity in(or dispute regarding the interpretation of)this Contract shall arise, a the Contract shall not be interpreted or construed against the Department,and,instead,other rules of interpretation CL and construction shall be used. If the Contract is competitively procured, the Contractor further acknowledges and agrees that it had the opportunity and obligation,prior to submission of its Response,to review the terms and conditions of this Contract and to bring to the attention of the Department any conflicts or ambiguities contained W therein. c14 46. Modifications Required by Law. Q Department reserves the right to revise this Contract to include additional language required by Federal agency(ies) 00 or other sources awarding funding to the Department in support of this Contract,if applicable,and to include changes required by Florida law or Administrative Code rule changes. 47. Survival. w� The respective obligations of the parties,which by their nature would continue beyond the termination or expiration > of this Contract, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Contract. 48. Third Parties. The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of the Contractor, its agents, servants, and employees. The Contractor shall not disclaim its own negligence to the Department or any third party. This Contract does not and is not intended to confer any rights or remedies upon any person other than the parties. If the Department consents to a subcontract, the Contractor will specifically disclose that this Contract 0 does not create any third-party rights.Further,no third parties shall rely upon any of the rights and obligations created w� under this Contract. 49. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions E' are severable to that void provision,and shall remain in full force and effect. 50. Contractor's Employees,Subcontractors and Agents. a. All Contractor employees,subcontractors,or agents performing work under the Contract shall be properly trained E technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under the Contract must comply with all security and administrative requirements of the Department and 11 of 12 Rev.7/8/20 Packet Pg. 1373 G.2.e shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. b. The Customer and the State shall take all actions necessary to ensure that Contractor's employees,subcontractors and other agents are not employees of the State of Florida. Such actions include,but are not limited to,ensuring ? that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, 0 workers'compensations,and unemployment)from an employer other than the State of Florida. 51. Assignment. CL C, The Contractor shall not sell, assign,or transfer any of its rights,duties,or obligations under the Contract, or under any purchase order issued pursuant to the Contract,without the prior written consent of the Department.In the event 0 of any assignment,the Contractor remains secondarily liable for performance of the Contract,unless the Department 0 expressly waives such secondary liability. The Department may assign the Contract with prior written notice to the CL Contractor of its intent to do so. M 52. Antitrust Assignment. CL The Contractor and the State of Florida recognize that in actual economic practice,overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of 0 Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the 0 Contract. 53. MFMP Transaction Fee _ a. The State through the Department of Management Services (DMS), has instituted MyFloridaMarketPlace .0 (MFMP), a statewide e-procurement system. Pursuant to Section 287.057(22)(c), F.S., all payments shall be assessed a Transaction Fee which the Contractor shall pay the State unless exempt pursuant to Rule 60A-1.031, Florida Administrative Code(F.A.C.). CL b. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when E possible,be automatically deducted from payments to the Contractor. If automatic deduction is not possible,the U Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031,F.A.C. By submission of these reports and E 0 corresponding payments,the Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. c. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s)if such item(s)is/are returned to the Contractor through no fault,act,or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected, returned, or declined, due to the X Contractor's failure to perform or comply with specifications or requirements of this Contract. W d. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and V_ recovering re-procurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS THAT Q ARE DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING 00 FUTURE BUSINESS WITH THE STATE. 54. Execution in Counterparts. This Contract, any amendments, and/or change orders related to the Contract,may be executed in counterparts, each W 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 W a� force and effect as a written signature. 55. Warranty of Authority to Sign. Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. a� c� X CL E c5 12 of 12 Rev.7/8/20 Packet Pg. 1374 G.2.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions ATTACHMENT 2 A These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and C Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. a� 1. Insurance. 0 Required Coverage. At all times during the Contract the Contractor,at its sole expense,shall maintain insurance CL coverage of such types and with such terms and limits described below. The limits of coverage under each policy M CL maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida. Additional insurance requirements for this Contract may be required elsewhere in this Contract,however the 0 minimum insurance requirements applicable to this Contract are: 0 a. Commercial General Liability Insurance. The Contractor shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Contract. The Department,its employees,and officers shall be 0 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 Contractor's duties include the use of a commercial vehicle,the Contractor shall maintain automobile 0 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 0- be named as an additional insured on any automobile insurance policy. The minimum limits shall be as 4- follows: 0 $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable CL $200,000/300,000 Hired and Non-owned Automobile Liability Coverage E c. Workers' Compensation and Employer's Liability Coverage. X w The Contractor shall provide workers' compensation,in accordance with Chapter 440,F.S.,and employer's liability insurance 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 Contract. � d. Other Insurance. � None. 2. Payment and Performance Bonds. _ There are no bonds required under this Contract. > 3. Liquidated Damages. In addition to other remedies elsewhere in this Contract,and as provided by law,unless otherwise stipulated in the Scope of Work,the Contractor hereby covenants and agrees to pay liquidated damages to the Department as follows: a. The Contractor acknowledges that time is of the essence for all services provided under this Contract,and whereas the actual damages to be suffered by late performance are incapable of accurate calculation.Therefore, the parties agree that it is in the parties' best interests to agree upon a reasonable amount of liquidated damages, W� which are not intended to be a penalty and are solely intended to compensate for unknown and unascertainable damages. b. In addition to any other provisions of this Contract,in the event that the deliverable identified in the Scope,is not completed and submitted by the close of business on the date the deliverable is due,the compensation amount stated for that portion of the Work may be reduced by 1%per day for each day the deliverable is late, with the total amount of the liquidated damages not to exceed the total compensation amount of the Scope of Work deliverable. c. The date of submission of the deliverable shall be the date of receipt by the Department. 1 of 3 Packet Pg. 1375 G.2.e d. If completion is or will be justifiably delayed due to reasons set out in the Force Majeure provisions of this Contract,the Department may provide for additional time to complete the delayed deliverable as evidenced by an Amendment. 4. Retainage. 0 No retainage is required under this Contract. C, CL 5. MFMP Transaction Fee. Pursuant to Rule 60A-1.031,Florida Administrative Code,the Contractor is required to pay the MFMP Transaction 0 Fees for payments made pursuant to this Contract. 0 CL CL 6. Quality Assurance Requirements. M There are no special Quality Assurance requirements under this Contract. CL 7. Subcontracting. 0 The Contractor shall not subcontract any services under this Contract. 8. Personnel Changes. _ No personnel changes under this contract. 9. Intellectual Property. a. The Contractor's intellectual property rights that preexist this Contract will remain with the Contractor. CL Intellectual property rights to all property created or otherwise developed by Contractor specifically for the E Department will be owned by the State through the Department.Proceeds derived from the sale,licensing, U marketing,or other authorization related to any such Department-controlled intellectual property right shall be E 0 handled in the manner specified by applicable statute. 4- b. If the Contractor fails to provide,or no longer can provide,a deliverable or service under the Contract that C contains or otherwise utilizes intellectual property controlled by the Contractor,the Contractor shall grant the CL Department a royalty-free,paid-up,nonexclusive,perpetual license to use,modify,reproduce,distribute, publish or release to others,such Contractor-controlled intellectual property solely for use in connection with the deliverables or services under the Contract. W V_ c14 10. Additional Terms. Q a. The CONTRACTOR covenants that it presently has no interest,and shall not acquire any interest,which would 00 c14 conflict in any manner or degree with the performance of services required herein. In addition,the CONTRACTOR agrees not to engage in any business transactions involving any of the tracts on which it makes appraisals under this Contract for a period of one(1)year following the appraisal,or in the event of W condemnation,until the State completes acquisition of the tract. > b. The DEPARTMENT may at any time,by written order designated to be a change order,make any change in the w work within the general scope of this Contract(e.g.,specifications,time,method or manner of performance, requirements,etc.). Changes to Task Assignment Notification forms issued by the DEPARTMENT shall be evidenced by use of the Task Assignment Change Order form. All other change orders are subject to the mutual 2� agreement of both parties as evidenced in writing. Any change order,excluding Task Assignment Change Orders,which causes an increase or decrease in the CONTRACTOR's cost or time shall require an appropriate adjustment and modification(formal amendment)to this Contract. A Task Assignment or Task Assignment 0 Change Order may not be written for a period which extends beyond the effective term of this Contract. w� c. The performance of the services set forth herein requires the expertise of an individual appraiser and the exercise of his or her independent judgment.Therefore,it is understood and agreed by and between the DEPARTMENT and the CONTRACTOR that the CONTRACTOR shall appoint Trent Marr�Marr and CL Associates Appraisal Company,Inc.to personally perform all the appraisal services specified herein;however, nothing herein shall be construed to prevent the CONTRACTOR from utilizing the services of other persons to assist Trent Marr in performing said services to the extent that such services do not require the exercise of an appraiser's judgment,conclusion,or opinion. U 2of3 Packet Pg. 1376 G.2.e 11. Compensation a. Department shall authorize all work assignments by Task Assignment Notification Form(TA)or Task Assignment Change Order Form(TACO). ? b. Contractor,or its subcontractors if authorized under this Contract,shall not commence work until either a A TA/TACO has been fully executed,by both Department and Contractor. c. In the event services are required that are within the general description of the Scope of Work,but are not CL specifically identified by name,the Department and Contractor reserve the right to negotiate Task Assignments covering performance of those required services only if there is established pricing in the 0 Contract and such services do not expand the Scope of Work. 0 d. Release of Claims.Upon payment for satisfactory completion of any portion of the services performed,the CL Contractor shall execute and deliver to the Department a release of all claims against the Department M arising under,or by virtue of,the services,except claims which are specifically exempted by the Contractor w to be set forth therein using Exhibit C, Contractor Affidavit/Release of Claims Form.Receipt by the Department of the Contractor's Release is a condition of final payment under this Contract.Unless 0 otherwise provided in this Contract,by State law or otherwise expressly agreed to by the parties to this 0 Contract,final payment or settlement upon termination of this Contract shall not constitute a release or waiver of the Department's claims against the Contractor,or the Contractor's sureties,subcontractors, _ successors or assigns under this Contract or as against applicable performance and payment bonds. .0 0 1. The DEPARTMENT agrees to compensate the CONTRACTOR the amount identified in each executed Task Assignment or Task Assignment Change Order for the satisfactory completion of the services CL specified therein and in Attachment 3 of this Contract. However,it is understood and agreed that the E total value of all Task Assignments and Task Assignment Change Orders issued under this U Contract shall not exceed$250,000. E 0 L_ 4- 2. For satisfactory performance,the DEPARTMENT agrees to compensate the CONTRACTOR in C accordance with the fee schedule shown on Attachment 5,or additional service fees negotiated with the CL CONTRACTOR and defined in the executed Task Assignment or Task Assignment Change Order,on a fixed price basis as specified in each executed Task Assignment or Task Assignment Change Order Form. W V_ 12. Invoice and Payment Procedures Q c14 1. For fixed-price tasks/deliverables: c00 0 a. Unless otherwise stated in the Task Assignment or Task Assignment Change Order,the CONTRACTOR shall furnish all required additions,deletions or revisions before any payment is made. The CONTRACTOR shall submit invoices upon the completion and submittal of the deliverables identified in W each executed Task Assignment in accordance with the schedule identified therein. The DEPARTMENT > Contract Manager shall make an inspection of the invoiced services/deliverables prior to approval of payment. The invoice shall be in detail sufficient for proper pre-audit and post-audit review. b. The DEPARTMENT will have 21 days to review and approve the Final Products. c. The fixed price task amount shall include all travel and incidental expenses. a� 2. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for non- X compliance with this Contract,the CONTRACTOR will be allowed a maximum of sixty(60)days to submit I� any additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. CL 3. The CONTRACTOR hereby certifies,covenants,and warrants that factual unit costs as shown on Attachment 3 supporting the compensation provided in the Task Assignments or Task Assignment Change Orders are accurate,complete,and current as of the date of this Contract. It is further agreed that the Contract price E provided shall be adjusted to exclude any significant sums by which the DEPARTMENT determines the Contract price was increased due to inaccurate,incomplete,or other factual unit costs. 3of3 Packet Pg. 1377 G.2.e ATTACHMENT 3 SCOPE OF WORK The Department does hereby retain the Contractor to provide professional appraisal services for the State of Florida on a task assignment basis.The Department reserves the right to select additional professional consultants or firms for specialized projects or services within the State of Florida.No minimum amount of work is guaranteed by the C, CL Department to the Contractor as a result of executing this Contract. The Contractor's scope of work varies by the type of professional appraisal or valuation services needed for a specific assignment.Appraisal and appraisal review services require professional appraisal services. Other valuation L services performed by the Contractor may include,but not limited to,consulting services,market studies, C comparable sales analysis,etc. CL w A task assignment includes an anticipated scope of work specific to the appraisal assignment.Per the Uniform Standards of Professional Appraisal Practice, Scope of Work Rule,the appraiser must identify the problem to be "0 solved,determine the scope of work necessary to develop credible assignment results,and disclose the scope of work in the appraisal report. Deliverables Criteria: 0 Pursuant to 18-1.007(3)(b),Florida Administrative Code,The work for review is to include an Executive Summary for each parcel appraised and an Appraisal Checklist as well as other requirements for the appraisal format as stated CL in Section B,page 13 of the Supplemental Appraisal Standards for the Board of Trustees. 0 U Upon approval by the Chief Appraiser(pursuant to 18-1.002(4),FAC)or designee,provide an electronic copy of the E Appraisal Report,by email or other agreed method of delivery,to the BAs Designated Task Manager. 0- 4- • Pursuant to 253.025(8)(c),Florida Statutes,prior to contracting,a signed and notarized affidavit is required of the Fee Appraiser acknowledging no vested or fiduciary interest in the property that is the subject of this task CL assignment. 0 x • Each task assignment includes the timeline for deliverables.The first deliverable is due by close of business on the specified due date. � Q c14 • The date and time of the site visit must be communicated,in writing,to the DEP Designated Task Manager at c00 0 least three business days in advance of the inspection. • The first deliverable is a document(draft appraisal report)to be reviewed by the Bureau of Appraisal.It must not have a date of report or any signatures.The format of this first deliverable should be substantially like the 5; format described in the Supplemental Appraisal Standards for the Board of Trustees,Part B,General Format for an Appraisal Report. • The document for review is an electronic document,preferably an Adobe®PDF®or a Microsoft®Word® document,provided to the designated task manager on or before the due date.The document must allow all editing and commenting functions found in the two software programs identified in the previous sentence.The c� work for review will not include the following appraisal assignment elements:Date of Report,Date of Certification and Signatures. The work for review will be reviewed by the BA and possibly a Fee Review w� Appraiser(pursuant to;253.025(8)(b),Florida Statutes(FS);or 18-1.007(5)(a),Florida Administrative Code, (FAC)). CL • Failure to adequately respond in writing to the Department of Environmental Protection(DEP)Fee Review Appraiser or DEP Contract/Task Manager,within four working days,may result in a one percent of the total fee E penalty per day. Page 1 of 3 Packet Pg. 1378 G.2.e • The final product for professional appraisal services is an approved appraisal reports in an accessible,electronic form that meets at least the minimum requirements of all standards,rules,laws and supplemental standards applicable to the specific appraisal assignment. • The final product for other valuation services is,generically,a report in an accessible,electronic form that 0 meets at least the minimum requirements specific to the assignment. CL CL • All final products must meet the Department's criteria for accessibility to people with disabilities. Responsibilities of the Department L- A. For the purposes of this Contract, the DEPARTMENT's Contract Manager shall be Jay F. Scott, telephone C number(850)245-2658,or another appraiser designated by the DEPARTMENT as the Designated Task Manager M as provided in an applicable Task Assignment Notification or Task Assignment Change Order Form. The W Contract Manager shall serve as liaison with the CONTRACTOR and shall approve all invoices prior to payment. L- B. The DEPARTMENT's Contract Manager will render requested decisions and authorizations promptly,in writing, 4- to prevent unreasonable delays. C. The DEPARTMENT shall issue Task Assignment Notification Forms and Task Assignment Change Order Forms to the CONTRACTOR for the products and services to be provided under this Contract. For purposes of this Contract,the following representatives identified herein are delegated the authority to execute Task Assignment Notification Forms and Task Assignment Change Order Forms for or on behalf of the DEPARTMENT. For Task Assignment whose total value does not exceed$35,000: C' Appraisal Administrator or Chief,Bureau of Appraisals 0 For Task Assignments whose total value is in excess of$35,000,but does not exceed$100,000: E Assistant Director,Division of State Lands L- For Task Assignments whose value is in excess of$100,000,but does not exceed$250,000: E Director,Division of State Lands CL D. The DEPARTMENT shall compensate the CONTRACTOR for services rendered under this Contract in X accordance with each executed Task Assignment Notification Form or Task Assignment Change Order Form and w Section IV of this Contract. T° c14 Responsibilities of the Contractor c14 00 c14 A. For the purposes of the Contract,the CONTRACTOR's Contract Manager shall be Trent Marr,telephone number (850)342-1114. B. The CONTRACTOR fully understands and agrees that there shall be no reimbursement of funds by the W DEPARTMENT for any obligation or expenditure made prior to the execution of this Contract and either a Task > Assignment Notification Form or Task Assignment Change Order Form. w C. This Contract shall be in effect upon execution by both parties and shall remain in full force and effect for a period of six(6)years from the date of execution. This Contract may not be renewed. D. The CONTRACTOR agrees to complete,and shall complete,the following within the term of this Contract at they written direction of the DEPARTMENT: a� 1. Appraisal Services Pursuant to Chapters 253 and 259,F.S. and/or Chapter 18-1,F.A.C.,as maybe amended; and, 0 2. Responses to Inquiries of the Auditor General. �i It is hereby understood and agreed by the parties hereto that the CONTRACTOR has been retained to provide II appraisal services pursuant to written Task Assignments and/or Task Assignment Change Orders. All written direction for such services shall be prescribed in an executed Task Assignment or Task Assignment Change Order. CL Compensation for such services shall be negotiated,based on the rates in Attachment C, Fee Schedule,prior to the issuance of a Task Assignment or Task Assignment Change Order,unless certified as a valid public emergency pursuant to Section 287.058(2),Florida Statutes. E c� 1 Appraisal report is defined in the Uniform Standards of Professional Practice and Florida Statute 475.611(1)(e). Approved appraisal report is defined in Florida Administrative Code 18-1.002(4). Page 2 of 3 Packet Pg. 1379 G.2.e E. The CONTRACTOR agrees to provide written documentation that all subcontractors utilized in accordance with Section IILG.have been compensated for services performed under each Task Assignment or Task Assignment Change Order. F. All notes, and work, associated with this project shall be open for review by the DEPARTMENT's Contract ? Manager during the CONTRACTOR's normal working hours. 0 G. The CONTRACTOR shall be responsible for all work performed under the terms of this Contract. It is agreed that none of the services performed under this Contract shall be subcontracted to any individual or firm without CL the prior written consent of the DEPARTMENT's Contract Manager. Regardless of any subcontract, the CONTRACTOR is ultimately responsible for all work to be performed under this Contract. It is understood by 0 the CONTRACTOR that the DEPARTMENT shall not be liable to the subcontractor for any expenses or liabilities 0 incurred under the subcontract and the CONTRACTOR shall be solely liable to the subcontractor for all expenses CL and liabilities incurred under the subcontract. The CONTRACTOR agrees to indemnify, and to save and hold M harmless the DEPARTMENT from any claims by the subcontractor against the DEPARTMENT which arise as CL a result of this Contract or any subcontract hereunder. H. The CONTRACTOR shall retain financial records, supporting documentation, statistical, and all other records 0 pertinent to this Contract for a period of five(5)years after final payment is made,except that such records shall 0 be retained until final resolution of matters resulting from any litigation,claim,or audit that started prior to the expiration of the retention period. The retention period commences from the date of the submission of the final _ expenditure report. The records and documents shall be made available to the DEPARTMENT upon request. .0 1. The CONTRACTOR, and all subcontractors of the CONTRACTOR, shall provide written certification to the DEPARTMENT that all appraisals and appraisal reviews are substantially in compliance with the Supplemental Appraisal Standards for the Board of Trustees to the extent that they are applicable to the Task Assignment. The CL CONTRACTOR hereby acknowledges prior receipt of these standards. E U 0 L- 4- 0 CL E 0 X cN cN 00 cN I c5 X I E c5 Page 3 of 3 Packet Pg. 1380 G.2.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements ATTACHMENT 4 1. Public Records Access Requirements. a. If the Contract exceeds$35,000.00,and if the Contractor is acting on behalf of the Department in its performance of services under the Contract,the Contractor 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 the Contractor in conjunction with the Contract (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 Contract if the Contractor refuses to allow public access to Public Records as required by law. 0 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. If the Contractor is a"contractor"as defined in section 119.0701(1)(a),F.S.,the Contractor shall: W a. Keep and maintain Public Records required by the Department to perform the service. b. Upon request,provide the Department with a copy of requested Public Records or allow the Public Records to be inspected or 4- copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or as otherwise provided by law. c. A Contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties under section 119.10,F.S. 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 CL Contractor does not transfer the Public Records to the Department. e. Upon completion of the Contract,transfer,at no cost,to the Department all Public Records in possession of the Contractor or U keep and maintain Public Records required by the Department to perform the service.If the Contractor transfers all Public E Records to the Department upon completion of the Contract,the Contractor shall destroy any duplicate Public Records that are ,L- 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 CL Public Records stored electronically must be provided to the Department,upon request from the Department's custodian of Public E Records,in a format specified by the Department as compatible with the information technology systems of the 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. - f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF c4 00 CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC N RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S — CUSTODIAN OF PUBLIC RECORDS AT: _ Telephone: (850) 245-2118 W Email ��tibl �°..: fl v.i s(�),Flo �c1aDE � c� Mailing Address: Department of Environmental Protection 2 ATTN: Office of Ombudsman and Public Services 1 Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 CL Page 1 of 1 Rev.6/13/2019 Packet Pg. 1381 G.2.e Invitation to Submit Proposal State of Florida CL Departinew of Emirunmental Protection CL Page 4 of S 0 Attachment S CL Fee Schedule for CL m Statewide Appraisal Services CL Department of Environmental Protection (Submit with proposal) 0 0 � Contractor Name: -fce n1. I Man,- rntCl-your proposed fee schedule liar the calendar years shown bolo«-. Fccs must be expressed as an CL hourly rate: 0 u 0 L- 2020: S 210 215 CL 2021: E 0) 2022: S 220 2023: 225 CN CN 00 202-l: S 230 CN 2025: S 235 I Appraiser Signature c� x I 0) CL c5 '020 ComractlnvitationSubmitPro�ui.:�I Packet Pg. 1382 G.2.e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Contractor Affidavit/Release of Claims Form EXHIBIT C This affidavit must be completed and signed b the Contractor when requesting final payment for a Florida Department of Environmental P g Y � g P Y P a� Protection (Department) authorized Task Assignment. The signature of the Contractor shall be notarized as set forth below. Final .T payment for a Task Assignment will not be released until this form is accepted by the Department. L- CL CL The undersigned certifies as follows: 1. I, am the of 0 (name of person appearing) (title of person appearing) CL M with the authority to CL (name of Contractor) 0 make this statement on behalf, 0 S 2. ("the Contractor")entered into an _ (name of company or person) .0 a� Agreement with the Department to perform certain work under Task Assignment No. CL 3. Contractor has completed the work in accordance with the aforementioned Work Assignment,including all attachments.Thereto. 0 U 4. All subcontractors have been paid in full. 0 L- 4- 5. Upon receipt by Contractor from Department of final payment under the aforementioned Work Assignment, Contractor releases Department from any and all claims of Contractor and any of its subcontractors and vendors that may arise under,or by virtue of, cL the Task Assignment,except those claims that maybe specifically exempt and set forth under the terms of this Contract. Exemptions E claimed must be attached to this affidavit and reference the Task Assignment number. Any exemptions not attached are waived. X N (Signature of Authorized Contractor Representative) c00 0 c14 Notarization of Signature of Contractor(required) >W State of County of Sworn to and subscribed before me by means of❑physical presence or❑ online notarization this this day of ,20 x I Notary Public [Nota rr� Seal] CL Name typed,printed or stamped My Commission Expires: c� Notary Public, State of Commission Number(if applicable) ❑ Personally known OR❑Produced Identification Type of ID: Rev. 1/6/2020 Packet Pg. 1383 Attachment A Change of Business Contact Information Womble, Jonelle R From: Trent Marr <trentmarr@embarqmail.com> Sent: Thursday, October 28, 2021 12:14 PM To: Trent Marr Subject: relocation CL CL y""III""IIII III'°U4 IIL. 11141,,44A 9,, This email originated outside of DEP. Please use caution when opening attachments, clicking links, or responding to this 0 L- email. CL CL Hello, p m lease note office phone number, mailing address and email address.The office will be closed until next L Y new week while we are re-locating. Happy Halloween to all. LU 0 Best Regards, Trent CL Trent Marr,MAI, SRPA E 0 Marr&Associates Appraisal Company, Inc U 1268 N. Circle Drive E L- Crystal River, Florida 34429 www.marraDpraisal.com g Phone 352-794-6128 C. 0 X NOTICE: It is OK to print this email.Paper is a plentiful,biodegradable,renewable,recyclable, sustainable product made from trees that are grown for this purpose. CN The production of paper and other forestry products uses renewable natural resources, sequesters carbon and provides jobs and CN incomes for millions of Americans. cN Q If the reader of this message is not the intended recipient,you are hereby notified LU that any dissemination,distribution or copying of this communication is strictly prohibited. LU CU I c5 X LU CL E c5 1 Packet Pg. 1384 d3a joiBuipp!q OA14padwoo wojj uogdw8x3) muzu a3SIA3U -jjeW—p94noqx3—L6t,-jd :4uqw43e44V Ul) co R m cl T" 0. .he L 0. !tj 73 73 e< e< e< ec-� CC) CC) CC) CC) co > W (D CD 73 73 3 C.7 .3 C.7 CD -:3 73 0 m 3 �11'."".'.'.'.'. ......... .......... AR CL E 0 Fh 0 U) Cl� 0 Lij �2 -Fu Mn CL 0 CL E < LO U) 0 < 0 U) U) co -cu E cu _0 0 (D CL 0 In 0 0 Ln 0 en 0 0 0 0') C'4 CLl CU cu c') E < U) U) 0 U) 0 U) M cu m Lie Cl) L —j 0 cu 0 (DLle 0 CN T— 0 >% (n w L- L- '- 2 a) 4) L- L— 1, U) U) (0 < gn E E 0 Al) I co U) E CN E (0 0 00 M(D M LO 0 Cq CL CL Cam} w z ,- 63 0,0 -55 G.2.f STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD CONTRACT CONTRACT NO. PL499 This Contract is entered into between the Florida Department of Environmental Protection(Department)and Slack,Johnston &Magenheimer,Inc.,7245 SW 87 Avenue, Suite 300,Miami,Florida 33173 (Contractor),a Florida Profit Corporation. a� NOW,THEREFORE,the parties agree as follows: C, CL 1. Scope of Work. The Contractor shall provide professional appraisal and other valuation services,as described more fully in Attachment 3, Scope of Work. 0 CL 2. Duration. M a. Term. The Contract shall begin on October 1,2020 and continue until September 30,2026,unless otherwise terminated. w b. Renewals.This Contract shall not be renewed.. 3. Contract Managers. Department's Contract Manager Contractor's Contract Manager Name: Jay F. Scott Name: Andrew Magenheimer or successor or successor Address: 3900 Commonwealth Boulevard Address: 7245 SW 87 Avenue Bureau of Appraisal,MS4110 Suite 300 CL Tallahassee,Florida 32399-3000 Miami,Florida 33173 0 Phone: (850)245-2658 Phone: (305)670-2111 E 0 Email: Jay.F.Scott(&FloridaDEP.gov Email: AHMMAI(&AOL.com 4- 4. Attachments and Exhibits. CL The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: © Attachment 1: Standard Terms and Conditions for Noncompetitively Procured Contracts © Attachment 2: Special Terms and Conditions 0 Attachment 3: Scope of Work 0 Attachment 4:Public Records Requirements 0 Attachment 5:Price Sheet ❑ Attachment 6:Technology Standards ❑ Attachment 7: Contractor's Proposal(RFPs Only) ❑ Attachment 8: Contractor's BAFO(ITNs Only) 0 ❑ Additional Attachments(if necessary): WI ❑ Exhibit A: General Contract Conditions—PUR 1000 ❑ Exhibit B: Subcontractor Utilization Report Form © Exhibit C: Contractor Affidavit/Release of Claims Form a� ❑ Exhibit D: Quality Assurance Requirements for Contracts �E ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): < Contract No.PL499 1 of 2 Rev.7/8/2020 Packet Pg. 1386 5. Compensation. a. As consideration for the services rendered by Contractor under the terms of this Contract,the Department shall pay the Contractor on a fixed price basis up to a maximum of$250,000.00 for the completion of services as specified in the Scope of Work. b. The Department shall not reimburse the Contractor for any costs incurred in the performance of this Contract, c. Department shall authorize all work assigninents by Task Assignment Notification Form(TA)or Task Assignuient Change Order Form(TACO). U) d. Contractor,or its subcontractors if authorized under this Contract,shall not commence work until either a TA/TACO has been fully executed,by both Department and Contractor. e. In the event services are required that are within the general description of the Scope of Work,but are not specifically CL CL identified by name,the Department and Contractor reserve the right to negotiate Task Assignments covering performance of those required services only if there is established pricing in the Contract and such services do not expand the Scope of Work. > 0 L- f Release of Claims.Upon payment for satisfactory completion of any portion of the services performed,the Contractor CL CL shall execute and deliver to the Department a release of all claims against the Department arising under,or by virtue of, M the services,except claims which are specifically exempted by the Contractor to be set forth therein using Exhibit C, CL W Contractor Affidavit/Release of Claims Form.Receipt by the Department of the Contractor's Release is a condition of final payment under this Contract.Unless otherwise provided in this Contract,by State law or otherwise expressly agreed to by the parties to this Contract,final payment or settlement upon termination of this Contract shall not constitute a release or waiver of the Department's claims against the Contractor,or the Contractor's sureties, subcontractors,successors or assigns under this Contract or as against applicable performance and payment bonds IN WITNESS WHEREOF,this Contract all be effective on the date indicated above or the last to signed below, whichever is later. FLORIDA DEPARTMENT OF ENVIRONMENTAL CL SLAG NS N GENHEIMER,INC. E 4( H N NY A PROTEC 0 By: By: E 0 ed Curie) Secretary or Designee 4- 0 CL E to Sig rkd Date Signed 0 X j o4�ixw �A VICA ,p Print Name a dTitlw f Person Signlng PrintN ame and Title of Person SigningIt,�fper�n 'W E 3 FEID No.59-0881523 0 Additional signatures attached on separate page. co W E Contract No.PL499 2 of 2 Rev.7/812020 Packet Pg. 1387 G.2.f STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Terms and Conditions for Noncompetitively Procured Contracts ATTACHMENT 1 U) 1. Entire Agreement. This Contract,including any Attachments and Exhibits referred to herein and/or attached hereto,constitutes the entire CL agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements,whether CL written or oral, with respect to such subject matter. Any terms and conditions included on Contractor's forms or invoices shall be null and void. > 2. Contract Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Contract, the C order of precedence for interpretation of the Contract is as follows: CL i. Standard Contract ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Contract iii. Attachment 1, Standard Terms and Conditions 12 iv. The Exhibits in the order designated in the Standard Contract 0 b. All approvals,written or verbal,and other written communication between the parties,including all notices,shall be obtained by or sent to the parties' Contract Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected 0 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 0 delivered at the earliest delivery time. C' c. If a different Contract Manager is designated by either party after execution of this Contract,notice of the name 0 and contact information of the new Contract Manager will be submitted in writing to the other party and maintained in the respective parties'records.A change of Contract Manager does not require a formal amendment 0- or change order to the Contract. - d. This Contract may be amended only by a written agreement between both parties.Amendments shall be based on availability of funding. A change order may be used when there is(1)a change in the subcontractor or approval CL of subcontractors, (2)changes in deliverables due dates that do not change the overall Contract term or increase E in the deliverable price or Contract amount, or (3) changes in the price of an individual deliverable in cost X reimbursement Contract when the overall Contract amount does not change. All other changes shall be done through a formal amendment. e. There is no minimum amount of work guaranteed as a result of this Contract. Any and all work assigned will be at the sole discretion of the Florida Department of Environmental Protection("Department"). as f. The Department reserves the right to suspend or terminate any portion of this Contract or any other contract with the Department,if the Department and Contractor(or any of its affiliates or authorized subcontractors)are adverse 0 in any litigation, administrative proceeding or alternative dispute resolution. The suspension may last until such 2 adverse relationship is resolved either by agreement or by final non-appealable order of a court. g. All days in this Contract are calendar days unless otherwise specified. 3. Contract Duration. U a. Term. The term of the Contract shall begin and end on the dates indicated in the Standard Contract, unless X extended or terminated earlier in accordance with the applicable terms and conditions. W� b. Renewals. Any renewals provided under the Contract must meet the requirements of Section 287.058(1)(g), Florida Statute(F.S.),which is incorporated herein by reference. If the Standard Contract indicates renewals are available, the contract may be renewed for those timeframe(s). All renewals are contingent upon satisfactory CL performance by Contractor. Renewals may be for the entire period or in increments. 4. Deliverables. The Contractor agrees to render the services or otherwise provide deliverables as set forth in Attachment 3, Scope of Work and as otherwise set forth in this Contract. The services and/or deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Contract.Deliverables may be comprised of activities that must be completed prior to the Department making payment on that deliverable. 5. Performance Measures. 1of12 Rev.7/8/20 Packet Pg. 1388 G.2.f The Contractor warrants that:(1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Scope of Work; (3)Any and all such equipment,products or materials necessary to perform these services, or requirements shall be supplied by the Contractor; (4)the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (5)the services shall not infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(6)its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes for work U) done at the Department or other location(s).The Department reserves the right to investigate or inspect at any time to 0 determine whether the services or qualifications offered by the Contractor meet the Contract requirements. Notwithstanding any provisions herein to the contrary,written acceptance of aparticular deliverable does not foreclose CL C, Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action,proceeding, or 0 investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the CL Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is M currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes,or on any similar w list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 7. Acceptance of Deliverables. 0 a. Acceptance Process. All deliverables must be received and accepted in writing by the Department's Contract Manager before payment.If the Department's Contract Manager does not accept the 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 Scope of Work,as incomplete,inadequate,or unacceptable due,in whole or in part,to the Contractor's lack of satisfactory performance under the terms of this Contract.Failure to fulfill the applicable technical requirements or complete C, all tasks or activities in accordance with the Scope of Work will result in rejection of the deliverable and the 0 associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made U acceptable to the Department in accordance with the Contract requirements. The Department,at its option,may 0 allow additional time within which the Contractor may remedy the objections noted by the Department. The 4- Contractor shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a a reasonable timeframe.The Contractor's efforts to correct the rejected deliverables will be at the Contractor's sole CL expense. The Contractor's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. X 8. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Scope of Work and/or Special Terms and Conditions, the State of Florida(State)reserves the right to withhold payment when the Contractor has failed to perform/comply with provisions of this Contract. None of the financial consequences for E nonperformance in this Contract,as more fully described in the Scope of Work,shall be considered penalties. b. Corrective Action Plan. If the Contractor fails to correct all the deficiencies in a rejected deliverable within the specified timeframe,the Department may, in its sole discretion,request that a proposed Corrective Action Plan M (CAP)be submitted by the Contractor to the Department. The Department request that the Contractor 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. i. The Contractor shall submit a CAP within ten(10)calendar days of the date of the written request 0 from the Department. The CAP shall be sent to the Contract Manager for review and approval. W� Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Contractor in 0) writing whether the proposed CAP has been accepted. If the CAP is not accepted,the Contractor shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to CL submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above may result in the Department's termination of this Contract for cause as authorized in this Contract. E ii. Upon the Department's notice of acceptance of a proposed CAP,the Contractor shall have ten(10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Contractor of any of its obligations under the Contract. In the event the CAP fails to correct or eliminate performance deficiencies by Contractor, the Department shall retain the right to require additional or further remedial steps,or to terminate this Contract for failure to perform. No actions approved by the Department or steps taken by the 2of12 Rev.7/8/20 Packet Pg. 1389 G.2.f Contractor shall preclude the Department from subsequently asserting any deficiencies in performance. The Contractor shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department's Contract Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Contract as specified by the Department may result in termination of the U) Contract. 0 A 9. Payment. a. Payment Process. Subject to the terms and conditions established by the Contract,the pricing per deliverable,and CL the billing procedures established by the Department,the Department agrees to pay the Contractor for services rendered in accordance with Section 215.422, F.S. Contractor shall submit invoices to the Department within thirty (30) days after the date of the Department's written acceptance of each interim deliverable or the final 0 deliverable specified in the Scope of Work. Invoices and the appropriate documentation shall be submitted via CL email to the Department's Contract Manager. Contractor's failure to submit invoices within this timeframe may M result in forfeiture of retainage suspension or termination of remaining work,or the Contractor's forfeiture of any w unpaid balance for such deliverables. b. Vendor Rights. A Vendor Ombudsman has been established within the Department of Financial Services. The L_ duties of this individual include acting as an advocate for Contractors who may be experiencing Problems in obtaining timely payment(s)from state agencies. The vendor Ombudsman may be reached at(850)413-5516. c. Taxes. The Department is exempted from payment of State sales and use taxes and Federal excise taxes. The Contractor,however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes, or for payment by the Contractor to suppliers for taxes on materials used to fulfill its contractual obligations with the Department. The Contractor shall not use the Department's exemption number in securing such materials.The Contractor shall be responsible and liable for the payment of all its FICA/Social Security and C, other taxes resulting from this Contract. 0 d. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department U pursuant to the Scope of Work shall be submitted to the Department in sufficient detail for a proper pre-audit and 0 post-audit to be performed.The Contractor shall only invoice the Department for deliverables that are completed 4- in accordance with the Scope of Work. C e. Multiple Payment Request.Contractor's submitted invoice shall represent a full account of the work done during CL each invoice period, and include all fees and costs claimed for work done during that period. Department's payment of an invoice shall constitute full payment and a final settlement of all of Contractor's claims for services X provided during the invoice period. No subsequently asserted claims or invoices for services performed during a previously invoiced period will be payable by the Department. f. Interim Payments. Interim payments may be made by the Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by the Department's Contract Manager. g. Final Payment Request. A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Contract to ensure the availability of funds for payment. However,all work performed pursuant to the Scope of Work must be performed on or before the completion date of the Contract. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. Authorization for continuation and completion of work and any associated payments may be rescinded,with proper notice, at the discretion of the Department if 0 the Legislature reduces or eliminates appropriations. i. Interest Rates.All interest rates charged under the Contract shall be calculated on the prevailing rate used by the 0I State Board of Administration. Interest payments of less than$1 will not be issued unless Contractor requests such payment. To obtain the applicable interest rate, please refer to: 0- http://www.myfloridacfo.com/Divisioli/AANendors/def,lult.htm. j. Limitation on Pam Contractor shall not be compensated for services performed prior to execution of this Contract,for services performed following its expiration,termination,or suspension,nor for services that exceed the funding amount specified herein or in any amendment to this Contract. It is the Contractor's responsibility to know when the authorized compensation amount of the Contract will be reached. Contractor shall not perform, nor be compensated for,any services beyond the services described in the Scope of Work. 10. Documentation Required for Cost Reimbursement Contracts. If Cost Reimbursement is authorized in the Standard Contract,the following conditions apply.To be eligible for reimbursement,costs and supporting documentation must be in compliance with laws,rules,and regulations 3of12 Rev.7/8/20 Packet Pg. 1390 G.2.f governing agreements for services,including,but not limited to,the Reference Guide for State Expenditures,which can be accessed at the following web address: https://www.jnyfloridacfo.com/DivisiornlAA/Manuals/documents/ReferenceGuideforStateExpenditures.pddf. Invoices for cost reimbursement shall be supported by an itemized listing of expenditures by category (salary,travel expenses,etc.). Supporting documentation must indicate that the item was paid and indicate the date of service. 11. Preferred Pricing Clause. ? If this Contract incorporates the PUR 1000, section 4.(b), and it is applicable, or other preferred pricing clause,the Contractor must submit an affidavit, at least annually, attesting that Contract is in compliance with the preferred- pricing clause. CL C, 12. Changes. The Customer may unilaterally require,by written order,changes altering,adding to,or deducting from the Contract specifications,provided that such changes are within the general scope of the Contract. The Customer may make an 0 equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such CL equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If M unusual quantity requirements arise,the Customer may solicit separate bids to satisfy them. CL 13. Retainage. a The following provisions apply if the Department withholds retainage under this Contract: L- a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Contract up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Reaainage may be withheld from each payment to Contractor, pending satisfactory completion of work and approval of all deliverables. b. The Department reserves the right to withhold payment of retainage for Contractor's failure to respond to or correct identified deficiencies within the timeframe stipulated in the Scope of Work.The Department shall provide written notification to Contractor of identified deficiencies and the Department's intent to withhold retainage. CL Contractor's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will E result in forfeiture of retainage by Contractor. U c. If Contractor fails to perform the requested work,or fails to perform the work in a satisfactory manner,Contractor E 0 shall forfeit its right to payment for the work and the retainage called for under the entire Scope of Work. Failure to perform includes,but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. CL d. No retainage shall be released or paid for incomplete work while this Contract is suspended. e. Except as otherwise provided above, Contractor shall be paid the retainage associated with the work,provided X Contractor has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Contract. 14. Insurance. a. Proof of Insurance. Upon execution of this Contract,the Contractor shall provide the Department documentation E demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Contract. Upon receipt of written request from the Department,the Contractor shall furnish the Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization,or other certification of self-insurance. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor providing such insurance. c. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Contractor cannot get adequate coverage,the Contractor shall immediately notify the Department of such 0I cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. CL d. Insurance Requirements for Sub-Contractors.Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract,regardless of whether the Department has approved such subcontract or subcontractor. Any subcontracts made under or in performance of this Contract must include the same conditions specified in this Contract, and shall include a release of any rights, claims or liabilities against the Department. The level of insurance to be carried by subcontractors performing work under this Contract shall be at the discretion of Contractor. 15. Termination. a. Termination for Convenience. When it is in the State's best interest,the Department may, in its sole discretion, terminate the Contract in whole or in part by giving thirty (30) days written notice to the Contractor. The 4 of 12 Rev.7/8/20 Packet Pg. 1391 G.2.f Department shall notify the Contractor of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Contract is to be terminated. The Contractor must submit all invoices for work to be paid under this Contract 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 Contract if any of the events of default described in ? the Events of Default provision below occur or in the event that the Contractor fails to fulfill any of its other obligations under this Contract. If, after termination, it is determined that the Contractor 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 CL been issued for the convenience of the Department.The rights and remedies of the Department in this clause are in addition to any other rights and remedies provided by law or under this Contract. c. Contractor Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination, 0 unless otherwise directed by the Department, the Contractor shall not furnish any service or deliverable on the CL date, and to the extent specified, in the notice. However,the Contractor shall continue work on any portion of M the Contract not terminated. If the Contract is terminated before performance is completed,the Contractor shall CL be paid only for that work satisfactorily performed for which costs can be substantiated. The Contractor shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If the Department has paid for any services prior to the expiration,cancellation, or termination of the Contract,the Contractor shall continue to provide the Department with those services for which it has already been paid or,at Department's discretion, Contractor 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 Contract. If services provided under the Contract are being transitioned to another provider(s),the Contractor shall assist in the smooth transition of Contract services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to CL cooperate with the new provider(s),however additional requirements may be outlined in the Scope of Work. The 0 Contractor shall not perform any services after Contract expiration or termination,except as necessary to complete U the transition or continued portion of the Contract,if any. 0 16. Step-in Rights. 4- If the Contractor is in material breach of its obligation to perform any of the services under the Contract and fails to remedy such breach within ten(10)days after written notice of the breach from the Department,the Department, at CL its sole discretion,shall have the right to"step-in"(i.e.perform the work itself)or hire another contractor to perform these services. Contractor shall be liable to the Department for any fees or expenses that the Department may incur X in exercising its step-in rights or securing a substitute provider to assume completion of those services. 17. Notice of Default. 15 If the Contractor defaults in the performance of any covenant or obligation contained in the Contract,including, any of the events of default, the Department shall provide notice to the Contractor and an opportunity to cure that is E 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 Contractor fail to perform within the time provided,the Contractor will be found in default,and the Department may terminate the Contract effective as of the date of receipt of the default notice. 18. Events of Default Subject to the Notice of Default Provision. Provided such failure is not the fault of the Department or outside the reasonable control of the Contractor, the following non-exclusive list of events,acts,or omissions,shall constitute events of default. 0 a. The commitment of any material breach of this Contract by the Contractor,including failure to timely deliver a �i� material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of 0) the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Contract; CL b. Failure to maintain adequate progress,thus endangering the performance of the Contract; c. Failure to honor any term of the Contract; a� d. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking E the certificate of authority granted to the Contractor by a state or other licensing authority; e. 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 Contract; f. Failure to comply with a preferred-pricing clause required by this Contract,if any,at the Department's discretion; g. Failure to maintain the insurance required by this Contract; 5of12 Rev.7/8/20 Packet Pg. 1392 G.2.f h. One or more of the following circumstances, uncorrected for more than 30 calendar days unless, within the specified 30-day period, the Contractor (including its receiver or trustee in bankruptcy) provides to the Department adequate assurances, reasonably acceptable to the Department, of its continuing ability and willingness to fulfill its obligations under the Contract: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by the Contractor of a general assignment for the benefit of creditors; ? iii. The appointment of a general receiver or trustee in bankruptcy of the Contractor's business or property; and/or iv. An action by the Contractor under any state insolvency or similar law for the purpose of its CL bankruptcy,reorganization,or liquidation. 19. Events of Default that Result in Immediate Termination. a. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department 0 of such,made by the Contractor in this Contract or in its response to the solicitation; CL b. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the M Immigration and Nationality Act; and CL c. Department's good faith belief that failure to comply with the Employment Eligibility Verification requirements of this Contract has occurred. 20. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Contract,at any time,when it is in the best interest of the State to do so. The Department shall provide the Contractor with 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, the Contractor shall comply with the notice.Within 90 days,or any longer period agreed to by the parties,the Department shall either:(1) issue a notice authorizing resumption of work, at which time activity shall resume; or(2)terminate the Contract. If CL the Contract is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty E 0 (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle the U Contractor to any additional compensation. E 0 21. Force Majeure. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts CL of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control,or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available X to the Contractor. In case of any delay the Contractor believes is excusable,the Contractor shall notify the 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 arose,if the Contractor 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 the Contractor first had reason to E believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT 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 the Department. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, 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 the Contractor shall perform at no increased cost unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the 0I Contract to the Department,in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Department with respect to products subjected to allocation;(2)contract with other sources(without recourse to and by the Contractor for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Contract quantity;or(3)terminate the Contract in whole or in part. E 22. Indemnification. a. The Contractor shall be fully liable for the actions of its agents,employees,partners,or subcontractors and shall fully indemnify, defend, and hold harmless the Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees,partners, or subcontractors; provided,however,that the 6 of 12 Rev.7/8/20 Packet Pg. 1393 G.2.f Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Department; ii. the Contractor's breach of this Contract or the negligent acts or omissions of the Contractor. b. The Contractor's obligations under the preceding paragraph with respect to any legal action are contingent upon the Department giving the Contractor(1)written notice of any action or threatened action; (2)the opportunity to take over and settle or defend any such action at Contractor's sole expense; and(3) assistance in defending the U) action at Contractor's sole expense. 0 c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Contractors that are governmental entities: Each party hereto agrees that it shall be solely responsible for the CL 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 0 arising out of any contract or this Contract. CL d. No provision in this Contract shall require the Department to hold harmless or indemnify the Contractor,insure M or assume liability for the Contractor's negligence,waive the Department's sovereign immunity under the laws CL of Florida,or otherwise impose liability on the Department for which it would not otherwise be responsible. Any provision,implication or suggestion to the contrary is null and void. 23. Limitation of Liability. 0 The Department's liability for any claim arising from this Contract 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 Contract. Such liability is further limited to a cap of$100,000. Unless otherwise specifically enumerated in the Contract,purchase order,or task order,Department shall not be liable to another for special,indirect,punitive,or consequential damages,including lost data or records(unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such 0. damages are possible. Department shall not be liable for lost profits, lost revenue, or lost institutional operating 0 savings. The Department may,in addition to other remedies available to them at law or equity and upon notice to the U Contractor,retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, 0 penalties,costs and the like asserted by or against them. The Department may set off any liability or other obligation 4- of the Contractor or its affiliates to the Department against any payments due the Contractor under any contract with the State. 24. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, X who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty-one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition E precedent to the Contractor's ability to pursue any other form of dispute resolution;provided,however,that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. 25. Remedies. All rights and remedies provided in this Contract are cumulative and not exclusive of any other rights or remedies that may be available to the Department, whether provided by law, equity, statute, in any other agreement between the parties or otherwise. Department shall be entitled to injunctive and other equitable relief, including,but not limited to,specific performance,to prevent a breach,continued breach or threatened breach of this Contract. No remedy or election hereunder shall be deemed exclusive. A failure to exercise or a delay in exercising, on the part of the Department,any right,remedy,power or privilege hereunder shall not operate as a waiver thereof,nor shall any single 0I or partial exercise of any right,remedy,power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The Department may, in addition to other remedies available to it at law or in equity and upon notice to the Contractor,retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.Nothing in this Contract shall be construed to make the Contractor liable for force majeure events. E 26. Ownership of Documents. All plans, specifications,maps,computer files,databases and/or reports prepared or obtained under this Contract, as well as data collected together with summaries and charts derived therefrom, shall become the property of the Department upon completion or termination of this Contract,without restriction or limitation on their use, and shall be made available upon request to the Department at any time during the performance of such services and/or upon completion or termination of this Contract. Upon delivery to the Department of said document(s), the Department 7of12 Rev.7/8/20 Packet Pg. 1394 G.2.f shall become the custodian thereof in accordance with Chapter 119,F.S. Contractor shall not copyright any material and products or patent any invention developed under this Contract. 27. Waiver. The delay or failure by the Department to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the 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. 28. Statutory Notices Relating to Unauthorized Employment and Subcontracts. 0 a. The Department shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor/subcontractor knowingly employs CL unauthorized aliens,such violation shall be cause for unilateral cancellation of this Contract.The Contractor shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this 0 Contract. 0 b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the CL convicted vendor list or the discriminatory vendor list: M i. Convicted Vendors. A person or affiliate who has been placed on the convicted vendor list CL 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 0 not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor CL list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a 0 public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the U construction or repair of a public building or public work;may not submit bids,proposals,or replies 0 L- on leases of real property to a public entity; may not be awarded or perform work as a contractor, 4- supplier,subcontractor,or consultant under a contract with any public entity; and may not transact a business with any public entity. CL iii. Notification. The Contractor shall notify the Department if it or any of its suppliers,subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during X the life of the Contract. The Florida Department of Management Services is responsible for ., maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 29. Employee Eligibility. Effective January 1,2021,Contractor is required to use the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all employees used by the Contractor under this Contract,pursuant to Section 448.095, F.S. Also, the Contractor shall include in related subcontracts, if authorized under this Contract, a requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify system to verify employment eligibility of all employees used by the subcontractor for the performance of the Work. The subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the Contract. If the Department has a good faith belief that a subcontractor knowingly violated 0I §448.095(1), F.S. and notifies the Contractor of such, but the Contractor otherwise complied with this statute, the Contractor shall immediately terminate the contract with the subcontractor. CL 30. Compliance with Federal,State and Local Laws. a. The Contractor 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 E requirements. The Contractor shall include this provision in all subcontracts issued as a result of this Contract. 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 Contract. c. This Contract shall be governed by and construed in accordance with the laws of the State. 8of12 Rev.7/8/20 Packet Pg. 1395 G.2.f d. Any dispute concerning performance of the Contract shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Contract will be in the courts, and venue will be in a court of competent jurisdiction,in Leon County,Florida. 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 Contract. 31. Scrutinized Companies. a. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. ? Pursuant to Section 287.135, F.S.,the Department may immediately terminate this Contract at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor,or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of CL Israel during the term of the Contract. b. If this Contract is for more than one million dollars,the Contractor certifies that it and its subcontractors are also 0 not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran 0 Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section CL 287.135, F.S. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Contract at its sole option if the Contractor,its affiliates,or its subcontractors are found to have submitted a false certification; or if the Contractor,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the 0 Contract. c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then _ they shall become inoperative. .0 32. Lobbying and Integrity. 0 The Contractor agrees that no funds received by it under this Contract will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section C, 287.058(6),F.S.,during the term of any executed agreement between the Contractor and the State,the Contractor may 0 lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation U regarding that agreement.The Contractor shall comply with Sections 11.062 and 216.347,F.S. 0 33. Record Keeping. 4- The Contractor shall maintain books,records and documents directly pertinent to performance under this Contract in C accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The CL Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for five (5)years following the completion date or termination of the Contract. In the X event that any work is subcontracted,the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of the Department's Inspector General,or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's E business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of: (1)three years after the expiration of the Contract; or(2)the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.my florida.corn/library-archives/records-management/general-records-schedules/). 34. Audits. a. Inspector General. This Contract is subject to a post performance audit by the Department's or State's Inspector General.The Contractor understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the Inspector 0 General in any investigation, audit, inspection, review, or hearing regarding the Contract. The Contractor will W� comply with this duty and ensure that its Subcontracts issued under this Contract,if any,impose this requirement, 0) in writing,on its sub-Contractors. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect CL work being performed under this Contract,with reasonable notice and during normal business hours, including by any of the following methods: i. Contractor shall provide access to any location or facility on which Contractor is performing work, E or storing or staging equipment,materials or documents; ii. Contractor shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Contract; and, iii. Contractor 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 Contract. 9of12 Rev.7/8/20 Packet Pg. 1396 G.2.f c. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, the Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Contract pursuant to State and Federal guidelines (including cost allocation guidelines). The Department may also request a cost allocation plan in support of Contractor's multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Contractor must provide the additional proof within thirty (30) calendar days of such request. ? 35. Conflict of Interest. A The Contractor 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. CL 36. Independent Contractor. The Contractor is an independent contractor and is not an employee or agent of the Department. 37. Subcontracting. 0 a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed CL solely by the Contractor and may not be subcontracted or assigned without the prior written consent of the M Department. CL b. The Department may, for cause,require the replacement of any Contractor's employee, subcontractor,or agent. Shall cause, includes technical or training qualifications, quality of work, change in security clearance, or non- compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to the Department's secure information or any facility by any Contractor employee,subcontractor,or agent. d. The Department's actions under paragraphs b. or c. shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract.The Contractor 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 the Contractor shall be solely liable to the subcontractor for all expenses and C, liabilities incurred under any subcontract. 0 e. The Department supports diversity in its procurement program and requests that all subcontracting opportunities U afforded by this Contract embrace diversity enthusiastically. The award of subcontracts should reflect the full 0 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. C f. The Contractor shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused CL by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor(s), and without the fault or negligence of either, unless the X subcontracted products or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. 38. Improvements to Real Property. If any state funds are provided under this Contract for the purchase of or improvements to real property,the Contractor E shall grant to the state a security interest in the property equal to the amount of state funds provided for at least five (5)years from the date of purchase or the completion of the improvements,unless otherwise provided by law. 39. Inspection at Contractor's Site. The Customer reserves the right to inspect,at any reasonable time with prior notice,the equipment or product or plant 1 or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 40. Americans with Disabilities Act. as Contractors should identify any products that may be used or adapted for use by visually,hearing,or other physically �i� impaired individuals. 41. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, CL quality,workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing,indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. E 42. Guarantee of Parent Company. In the event the Contractor is sold during the period the Contract is in effect,the Contractor agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of the Contractor. 43. Headings. The headings contained herein are for convenience only, do not constitute a part of this Contract and shall not be deemed to limit or affect any of the provisions hereof. 10 of 12 Rev.7/8/20 Packet Pg. 1397 G.2.f 44. Modification of Terms. This Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Department and the Contractor. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless otherwise provided herein. No oral agreements or representations shall be valid or binding upon the Department or the Contractor. No U) alteration or modification of the Contract terms,including substitution of product,shall be valid or binding against the 0 Department. Contractor may not unilaterally modify the terms of this Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms CL accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. Department's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment 0 shall not constitute acceptance of the proposed modification to terms and conditions. CL 45. Interpretation of Contract. M a. Where appropriate:the singular includes the plural and vice versa;references to statutes or regulations include all CL statutory or regulatory provisions consolidating,amending or replacing the statute or regulation referred to;unless otherwise indicated references to Rules are to the adopted rules in the Florida Administrative Code; the words "including," "includes" and "include" shall be deemed to be followed by the words "without limitation"; unless 0 otherwise indicated references to sections, appendices or schedules are to this Contract;words such as "herein," "hereof'and"hereunder" shall refer to the entire document in which they are contained and not to any particular provision or section; words not otherwise defined which have well-known technical or construction industry meanings,are used in accordance with such recognized meanings;references to Persons include their respective 0 successors and assigns and,in the case of Governmental Persons,Persons succeeding to their respective functions and capacities; and words of any gender used herein shall include each other gender where appropriate. CL b. Contractor acknowledges and agrees that it has independently reviewed this Contract with legal counsel,and that E it has the requisite experience and sophistication to understand,interpret and agree to the particular language of U the terms. Accordingly, if an ambiguity in(or dispute regarding the interpretation of)this Contract shall arise, E 0 the Contract shall not be interpreted or construed against the Department,and,instead,other rules of interpretation and construction shall be used. If the Contract is competitively procured, the Contractor further acknowledges a and agrees that it had the opportunity and obligation,prior to submission of its Response,to review the terms and CL conditions of this Contract and to bring to the attention of the Department any conflicts or ambiguities contained therein. 46. Modifications Required by Law. Department reserves the right to revise this Contract to include additional language required by Federal agency(ies) or other sources awarding funding to the Department in support of this Contract,if applicable,and to include changes required by Florida law or Administrative Code rule changes. E 47. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Contract, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Contract. 48. Third Parties. 0 0 The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of the Contractor, its agents, servants, and employees. The Contractor shall not disclaim its own negligence to the Department or any 0 third party. This Contract does not and is not intended to confer any rights or remedies upon any person other than the parties. If the Department consents to a subcontract, the Contractor will specifically disclose that this Contract 0I does not create any third-party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Contract. 49. 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. E 50. Contractor's Employees,Subcontractors and Agents. a. All Contractor employees,subcontractors,or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under the Contract must comply with all security and administrative requirements of the Department and 11 of 12 Rev.7/8/20 Packet Pg. 1398 G.2.f shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. b. The Customer and the State shall take all actions necessary to ensure that Contractor's employees,subcontractors and other agents are not employees of the State of Florida. Such actions include,but are not limited to,ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers'compensations,and unemployment)from an employer other than the State of Florida. ? 51. Assignment. The Contractor shall not sell, assign,or transfer any of its rights,duties,or obligations under the Contract, or under any purchase order issued pursuant to the Contract,without the prior written consent of the Department.In the event CL of any assignment,the Contractor remains secondarily liable for performance of the Contract,unless the Department expressly waives such secondary liability. The Department may assign the Contract with prior written notice to the 0 Contractor of its intent to do so. 0 52. Antitrust Assignment. C, The Contractor and the State of Florida recognize that in actual economic practice,overcharges resulting from antitrust M violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of CL Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 53. MFMP Transaction Fee 0 a. The State through the Department of Management Services (DMS), has instituted MyFloridaMarketPlace (MFMP), a statewide e-procurement system. Pursuant to Section 287.057(22)(c), F.S., all payments shall be assessed a Transaction Fee which the Contractor shall pay the State unless exempt pursuant to Rule 60A-1.031, Florida Administrative Code(F.A.C.). b. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible,be automatically deducted from payments to the Contractor. If automatic deduction is not possible,the C, Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031,F.A.C. By submission of these reports and E 0 corresponding payments,the Contractor certifies their correctness. All such reports and payments shall be subject U to audit by the State or its designee. E 0 c. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s)if 4- such item(s)is/are returned to the Contractor through no fault,act,or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected, returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of this Contract. d. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and X recovering re-procurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS THAT ., ARE DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 54. Execution in Counterparts. This Contract, any amendments, and/or change orders related to the Contract,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. 55. Warranty of Authority to Sign. Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. I E c� 12 of 12 Rev.7/8/20 Packet Pg. 1399 G.2.f STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions ATTACHMENT 2 U) 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. CL C, 1. Insurance. Required Coverage. At all times during the Contract the Contractor,at its sole expense,shall maintain insurance 0 coverage of such types and with such terms and limits described below. The limits of coverage under each policy 0 maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the CL Contract. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida. M Additional insurance requirements for this Contract may be required elsewhere in this Contract,however the w minimum insurance requirements applicable to this Contract are: a. Commercial General Liability Insurance. The Contractor shall provide adequate commercial general liability insurance coverage and hold such 0 liability insurance at all times during the Contract. 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 Contractor's duties include the use of a commercial vehicle,the Contractor 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 0 be named as an additional insured on any automobile insurance policy. The minimum limits shall be as E follows: 0- $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable "— $200,000/300,000 Hired and Non-owned Automobile Liability Coverage 0 c. Workers' Compensation and Employer's Liability Coverage. The Contractor shall provide workers' compensation,in accordance with Chapter 440,F.S.,and employer's E a� liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 X policy aggregate. Such policies shall cover all employees engaged in any work under the Contract. d. Other Insurance. None. E 2. Payment and Performance Bonds. There are no bonds required under this Contract. 3. Liquidated Damages. In addition to other remedies elsewhere in this Contract,and as provided by law,unless otherwise stipulated in the Scope of Work,the Contractor hereby covenants and agrees to pay liquidated damages to the Department as follows: a. The Contractor acknowledges that time is of the essence for all services provided under this Contract,and whereas the actual damages to be suffered by late performance are incapable of accurate calculation.Therefore, the parties agree that it is in the parties' best interests to agree upon a reasonable amount of liquidated damages, which are not intended to be a penalty and are solely intended to compensate for unknown and unascertainable damages. b. In addition to any other provisions of this Contract,in the event that the deliverable identified in the Scope,is not completed and submitted by the close of business on the date the deliverable is due,the compensation amount stated for that portion of the Work may be reduced by 1%per day for each day the deliverable is late, with the total amount of the liquidated damages not to exceed the total compensation amount of the Scope of < Work deliverable. c. The date of submission of the deliverable shall be the date of receipt by the Department. 1 of 3 Packet Pg. 1400 G.2.f d. If completion is or will be justifiably delayed due to reasons set out in the Force Majeure provisions of this Contract,the Department may provide for additional time to complete the delayed deliverable as evidenced by an Amendment. 4. Retainage. No retainage is required under this Contract. ? a� A 5. MFMP Transaction Fee. Pursuant to Rule 60A-1.031,Florida Administrative Code,the Contractor is required to pay the MFMP Transaction CL Fees for payments made pursuant to this Contract. 6. Quality Assurance Requirements. 0 There are no special Quality Assurance requirements under this Contract. CL M 7. Subcontracting. CL The Contractor shall not subcontract any services under this Contract. 8. Personnel Changes. The Contractor may not replace its personnel assigned to perform under this Contract. 9. Intellectual Property. a. The Contractor's intellectual property rights that preexist this Contract will remain with the Contractor. Intellectual property rights to all property created or otherwise developed by Contractor specifically for the Department will be owned by the State through the Department.Proceeds derived from the sale,licensing, C, marketing,or other authorization related to any such Department-controlled intellectual property right shall be E 0 handled in the manner specified by applicable statute. U b. If the Contractor fails to provide,or no longer can provide,a deliverable or service under the Contract that E 0 contains or otherwise utilizes intellectual property controlled by the Contractor,the Contractor shall grant the 4- Department a royalty-free,paid-up,nonexclusive,perpetual license to use,modify,reproduce,distribute, C publish or release to others,such Contractor-controlled intellectual property solely for use in connection with CL the deliverables or services under the Contract. 0 X 10. Additional Terms. W d a. The Contractor 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 herein. In addition,the Contractor E agrees not to engage in any business transactions involving any of the tracts on which it makes appraisals under this Contract for a period of one(1)year following the appraisal,or in the event of condemnation,until the State completes acquisition of the tract. I b. The performance of the services set forth herein requires the expertise of an individual appraiser and the exercise of his or her independent judgment.Therefore,it is understood and agreed by and between the Department and the Contractor that the Contractor shall appoint Andrew Magenheimer�Slack,Johnston& Magenheimer,Inc. to personally perform all the appraisal services specified herein;however,nothing herein WI shall be construed to prevent the Contractor from utilizing the services of other persons to assist Andrew 0) Magenheimer in performing said services to the extent that such services do not require the exercise of an appraiser's judgment,conclusion,or opinion. CL c. Additional Invoice and Payment Procedures. i. The Department will have 21 days to review and approve the Final Products. 2of3 Packet Pg. 1401 G.2.f ii. Following receipt of an audit report identifying any reimbursement due the Department for non-compliance with this Contract,the Contractor will be allowed a maximum of sixty(60)days to submit any additional pertinent documentation to offset the amount identified as being due the Department. iii. The Contractor hereby certifies,covenants,and warrants that factual unit costs as shown on Attachment 3 ? supporting the compensation provided in the Task Assignments or Task Assignment Change Orders are accurate,complete,and current as of the date of this Contract. It is further agreed that the Contract price provided shall be adjusted to exclude any significant sums by which the Department determines the CL Contract price was increased due to inaccurate,incomplete,or other factual unit costs. 0 CL CL M CL CL 0 U E 0 L- 4- CL E 0 X E I c5 X CL 4i E c5 3of3 Packet Pg. 1402 G.2.f ATTACHMENT 3 SCOPE OF WORK The Department does hereby retain the Contractor to provide professional appraisal services for the State of Florida on a task assignment basis.The Department reserves the right to select additional professional consultants or firms for specialized projects or services within the State of Florida.No minimum amount of work is guaranteed by the 0 Department to the Contractor as a result of executing this Contract. CL The Contractor's scope of work varies by the type of professional appraisal or valuation services needed for a CL M specific assignment.Appraisal and appraisal review services require professional appraisal services. Other valuation services performed by the Contractor may include,but not limited to,consulting services,market studies, comparable sales analysis,etc. C, C, A task assignment includes an anticipated scope of workspecific to the appraisal assignment.Per the Uniform L Standards of Professional Appraisal Practice, Scope of Work Rule,the appraiser must identify the problem to be solved,determine the scope of work necessary to develop credible assignment results,and disclose the scope of 0 work in the appraisal report. Deliverables Criteria: Pursuant to 18-1.007(3)(b),Florida Administrative Code,The work for review is to include an Executive Summary for each parcel appraised and an Appraisal Checklist as well as other requirements for the appraisal format as stated in Section B,page 13 of the Supplemental Appraisal Standards for the Board of Trustees. Upon approval by the Chief Appraiser(pursuant to 18-1.002(4),FAC)or designee,provide an electronic copy of the C' Appraisal Report,by email or other agreed method of delivery,to the BAs Designated Task Manager. o U • Pursuant to 253.025(8)(c),Florida Statutes,prior to contracting,a signed and notarized affidavit is required of 0- the Fee Appraiser acknowledging no vested or fiduciary interest in the property that is the subject of this task 4- assignment. o CL • Each task assignment includes the timeline for deliverables.The first deliverable is due by close of business on E the specified due date. x w • The date and time of the site visit must be communicated,in writing,to the DEP Designated Task Manager at least three business days in advance of the inspection. E • The first deliverable is a document(draft appraisal report)to be reviewed by the Bureau of Appraisal.It must not have a date of report or any signatures.The format of this first deliverable should be substantially like the format described in the Supplemental Appraisal Standards for the Board of Trustees,Part B,General Format for an Appraisal Report. I a� • The document for review is an electronic document,preferably an Adobe®PDF®or a Microsoft®Word® document,provided to the designated task manager on or before the due date.The document must allow all editing and commenting functions found in the two software programs identified in the previous sentence.The work for review will not include the following appraisal assignment elements:Date of Report,Date of Certification and Signatures. The work for review will be reviewed by the BA and possibly a Fee Review Appraiser(pursuant to;253.025(8)(b),Florida Statutes(FS);or 18-1.007(5)(a),Florida Administrative Code, CL (FAC)). • Failure to adequately respond in writing to the Department of Environmental Protection(DEP)Fee Review Appraiser or DEP Contract/Task Manager,within four working days,may result in a one percent of the total fee penalty per day. Page 1 of 3 Packet Pg. 1403 G.2.f • The final product for professional appraisal services is an approved appraisal reports in an accessible,electronic form that meets at least the minimum requirements of all standards,rules,laws and supplemental standards applicable to the specific appraisal assignment. • The final product for other valuation services is,generically,a report in an accessible,electronic form that meets at least the minimum requirements specific to the assignment. ? • All final products must meet the Department's criteria for accessibility to people with disabilities. C, CL Responsibilities of the Department A. For the purposes of this Contract, the DEPARTMENT's Contract Manager shall be Jay F. Scott, telephone > number(850)245-2658,or another appraiser designated by the DEPARTMENT as the Designated Task Manager CL as provided in an applicable Task Assignment Notification or Task Assignment Change Order Form. The C Contract Manager shall serve as liaison with the CONTRACTOR and shall approve all invoices prior to payment. M B. The DEPARTMENT's Contract Manager will render requested decisions and authorizations promptly,in writing, W to prevent unreasonable delays. C. The DEPARTMENT shall issue Task Assignment Notification Forms and Task Assignment Change Order Forms to the CONTRACTOR for the products and services to be provided under this Contract. For purposes of this Contract,the following representatives identified herein are delegated the authority to execute Task Assignment Notification Forms and Task Assignment Change Order Forms for or on behalf of the DEPARTMENT. a� For Task Assignment whose total value does not exceed$35,000: Appraisal Administrator or Chief,Bureau of Appraisals a� C, For Task Assignments whose total value is in excess of$35,000,but does not exceed$100,000: E Assistant Director,Division of State Lands U For Task Assignments whose value is in excess of$100,000,but does not exceed$250,000: 0- Director,Division of State Lands 0 D. The DEPARTMENT shall compensate the CONTRACTOR for services rendered under this Contract in CL accordance with each executed Task Assignment Notification Form or Task Assignment Change Order Form and E Section IV of this Contract. X Responsibilities of the Contractor 15 A. For the purposes of the Contract, the CONTRACTOR's Contract Manager shall be Andrew Magenheimer, telephone number(305)670-2111. B. The CONTRACTOR fully understands and agrees that there shall be no reimbursement of funds by the DEPARTMENT for any obligation or expenditure made prior to the execution of this Contract and either a Task Assignment Notification Form or Task Assignment Change Order Form. C. This Contract shall be in effect upon execution by both parties and shall remain in full force and effect for a period of six(6)years from the date of execution. This Contract may not be renewed. D. The CONTRACTOR agrees to complete,and shall complete,the following within the term of this Contract at the written direction of the DEPARTMENT: as 1. Appraisal Services Pursuant to Chapters 253 and 259,F.S. and/or Chapter 18-1,F.A.C.,as maybe X amended; and, 0) 2. Responses to Inquiries of the Auditor General. It is hereby understood and agreed by the parties hereto that the CONTRACTOR has been retained to provide appraisal services pursuant to written Task Assignments and/or Task Assignment Change Orders. All written direction for such services shall be prescribed in an executed Task Assignment or Task Assignment Change Order. Compensation for such services shall be negotiated,based on the rates in Attachment C, Fee Schedule,prior to E the issuance of a Task Assignment or Task Assignment Change Order,unless certified as a valid public emergency pursuant to Section 287.058(2),Florida Statutes. 1 Appraisal report is defined in the Uniform Standards of Professional Practice and Florida Statute 475.611(1)(e). Approved appraisal report is defined in Florida Administrative Code 18-1.002(4). Page 2 of 3 Packet Pg. 1404 G.2.f E. The CONTRACTOR agrees to provide written documentation that all subcontractors utilized in accordance with Section IILG.have been compensated for services performed under each Task Assignment or Task Assignment Change Order. F. All notes, and work, associated with this project shall be open for review by the DEPARTMENT's Contract Manager during the CONTRACTOR's normal working hours. G. The CONTRACTOR shall be responsible for all work performed under the terms of this Contract. It is agreed ? that none of the services performed under this Contract shall be subcontracted to any individual or firm without the prior written consent of the DEPARTMENT's Contract Manager. Regardless of any subcontract, the CONTRACTOR is ultimately responsible for all work to be performed under this Contract. It is understood by CL the CONTRACTOR that the DEPARTMENT shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and the CONTRACTOR shall be solely liable to the subcontractor for all expenses 0 and liabilities incurred under the subcontract. The CONTRACTOR agrees to indemnify, and to save and hold 0 harmless the DEPARTMENT from any claims by the subcontractor against the DEPARTMENT which arise as CL a result of this Contract or any subcontract hereunder. M H. The CONTRACTOR shall retain financial records, supporting documentation, statistical, and all other records CL pertinent to this Contract for a period of five(5)years after final payment is made,except that such records shall be retained until final resolution of matters resulting from any litigation,claim,or audit that started prior to the expiration of the retention period. The retention period commences from the date of the submission of the final 0 expenditure report. The records and documents shall be made available to the DEPARTMENT upon request. 1. The CONTRACTOR, and all subcontractors of the CONTRACTOR, shall provide written certification to the DEPARTMENT that all appraisals and appraisal reviews are substantially in compliance with the Supplemental .0 Appraisal Standards for the Board of Trustees to the extent that they are applicable to the Task Assignment. The CONTRACTOR hereby acknowledges prior receipt of these standards. CL 0 U E 0 L- 4- 0 CL E 0 X E 0 I c5 X I E c5 Page 3 of 3 Packet Pg. 1405 G.2.f STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements ATTACHMENT 4 1. Public Records Access Requirements. a. If the Contract exceeds$35,000.00,and if the Contractor is acting on behalf of the Department in its performance of services under the Contract,the Contractor must allow public access to all documents,papers,letters,or other material,regardless of the a� physical form,characteristics,or means of transmission,made or received by the Contractor in conjunction with the Contract T (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 Contract if the Contractor refuses to allow public access to Public Records as a� required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. 0 If the Contractor is a"contractor"as defined in section 119.0701(1)(a),F.S.,the Contractor shall: a. Kee and maintain Public Records required b the Department to perform the service. P q Y P b. Upon request,provide the 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 as otherwise provided by law. c. A Contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties _ under section 119.10,F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not ;E 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 the Department. e. Upon completion of the Contract,transfer,at no cost,to the Department all Public Records in possession of the Contractor orCL keep and maintain Public Records required by the Department to perform the service.If the Contractor transfers all Public E Records to the Department upon completion of the Contract,the Contractor shall destroy any duplicate Public Records that are U 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 L- Public Records stored electronically must be provided to the Department,upon request from the Department's custodian of Public g Records,in a format specified by the Department as compatible with the information technology systems of the Department. .CL 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. 0 X 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 n CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email ��tibl �°..: fl v.i s(�),Flo �c1aDE � Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 E Page 1 of 1 Rev.6/13/2019 Packet Pg. 1406 G.2.f FEE SCHEDULE Invitation to SUbMit Proposal State of Florida Department of Environmental Protection U) Pa<,e 4 of 5 Attachment 5 CL CL Fee Schedule for M Statewide Appraisal Seri ices a� Department of Environmental 0 Protection (Submit Nvith proposal) CL M CL Contractor Name: Andrew 1-I. Mm enheimer. MAI. Slack..1ohnston & Ma<uenheimer. Inc. Enter your proposed fee schedule Ibr the calendar years shown below. Fees must be expressed as an hourly rate: CL 2020: S200.00 E 0 U 2021: 5205.00 E 0 L- 4- 2022: 5210.00 � 2023: $215.00 CL 0 2024: 5220.00 x 2025: S225.00 4, ;a r I U x CL E c5 2020 Contract In itationSubmitProposaf Rev.2(0/2020 SLACK M JOHNSTON Packet Pg. 1407 G.2.f STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Contractor Affidavit/Release of Claims Form EXHIBIT C This affidavit must be completed and signed by the Contractor when requesting final payment for a Florida Department of Environmental Protection (Department) authorized Task Assignment. The signature of the Contractor shall be notarized as set forth below. Final payment for a Task Assignment will not be released until this form is accepted by the Department. U' The undersigned certifies as follows: CL CL 1. I, am the of (name of person appearing) (title of person appearing) 0 with the authority to CL (name of Contractor) M CL make this statement on behalf, 2. ("the Contractor")entered into an (name of company or person) S Agreement with the Department to perform certain work under Task Assignment No. .0 0 3. Contractor has completed the work in accordance with the aforementioned Work Assignment,including all attachments.Thereto. C, 4. All subcontractors have been paid in full. 0 U 5. Upon receipt by Contractor from Department of final payment under the aforementioned Work Assignment, Contractor releases 0 Department from any and all claims of Contractor and any of its subcontractors and vendors that may arise under,or by virtue of, the Task Assignment,except those claims that maybe specifically exempt and set forth under the terms of this Contract. Exemptions claimed must be attached to this affidavit and reference the Task Assignment number. Any exemptions not attached are waived. C, 0 X (Signature of Authorized Contractor Representative) ., E 0 Notarization of Signature of Contractor(required) 0 State of County of Sworn to and subscribed before me by means of❑physical presence or❑ online notarization this X this day of 20 CL Notary Public [Nota rr� Seal] Name typed,printed or stamped E My Commission Expires: Notary Public, State of Commission Number(if applicable) ❑ Personally known OR❑Produced Identification Type of ID: Rev. 1/6/2020 Packet Pg. 1408 G.2.g O� ti 18 23�r�,rlr �Z11 ails �? COUNTY IN ZNE (� CL CL 0 Monroe County (L PurchasingPolicy (As Revised 811712022) CL 0 U E 0 L- 4- CL E 0 x cN cN cN I- 00 02 CL U) c� CL 4i E c� Packet Pg. 1409 G.2.g Table of Contents CHAPTER 1 - INTRODUCTION .....................................................................................4 CHAPTER 2 - AUTHORITY & DUTIES ..........................................................................4 A. Board of County Commissioners.................................................................................................................4 B. County Administrator...................................................................................................................................4 A C. Budget and Finance Department.................................................................................................................5 CL CL D. Requesting Department................................................................................................................................6 E. Delegation of Authority.................................................................................................................................7 0 CL CL F. PurchasingAuthority 7 M Y.................................................................................................................................... CL G. Signature Authority for Agreements...........................................................................................................8 0 4- H. Local Preference...........................................................................................................................................10 I. Non-Discrimination.....................................................................................................................................10 J. Payment Dispute Resolution...................................................................................................................... 10 CHAPTER 3 - COMPETITIVE SOLICITATION PROCESS ...............................................12 0 E A. Notice Inviting Competitive Solicitation....................................................................................................12 C B. Procedure for Competitive Solicitation.....................................................................................................16 CL E C. Tie Responses...............................................................................................................................................18 x D. Rejection of Responses................................................................................................................................18 c14 c14 E. Waiver of Irregularities..............................................................................................................................18 c14 oo F. Award of Contract.......................................................................................................................................18 2 G. Protest Procedure........................................................................................................................................19 CHAPTER 4 - PURCHASE OF PROFESSIONAL SERVICES..................................... 19 c� A. Definition......................................................................................................................................................19 CL B. Methods of Acquisition...............................................................................................................................20 E C. Continuing Contracts..................................................................................................................................20 CHAPTER 5 - DESIGN/BUILD CONTRACTS.............................................................. 22 A. Procedure.....................................................................................................................................................22 Page 1 of 106 Packet Pg. 1410 G.2.g CHAPTER 6 - CONTRACTS/AGREEMENTS.............................................................. 23 A. Contract Review..........................................................................................................................................23 B. Requirements...............................................................................................................................................24 C. CPI Computation........................................................................................................................................24 D. Exceptions....................................................................................................................................................24 E. Preference to Florida businesses(FS 287.084)..........................................................................................25 A F. Preference to businesses with drug-free workplace programs F.S.287.087 25 C' p p g ( )........................................ CL G. Change Orders............................................................................................................................................25 0 CL CHAPTER 7 - EXCLUSIONS........................................................................................ 26 CL A. Sole Source...................................................................................................................................................26 0 B. Emergency Purchases 27 �y................................................................................................................................. C. Cooperative Purchasing..............................................................................................................................28 D. Previously Approved Projects....................................................................................................................29 E. Piggybacking................................................................................................................................................29 0 U CHAPTER 8 - BLANKET PURCHASE ORDERS ........................................................ 29 E 0 L_ 4- CHAPTER 9 - MINORITY BUSINESS ENTERPRISE (MBE), SMALL BUSINESS & DISADVANTAGED BUSINESSES............................................................................... 30 CL 0 X CHAPTER 10 - PURCHASE OF INSURANCE............................................................. 30 CN CN CHAPTER 11 RECYCLED CONTENT PRODUCTS 31 � 00 CHAPTER 12 - SURPLUS ITEMS................................................................................ 31 0c� CHAPTER 13 - PURCHASING CARD POLICY..........................................34, 54-72 CHAPTER 14 FEDERAL FUNDING REQUIREMENTS 35 c� A. Procurement Standards(2CFR)................................................................................................................35 CL B. Competition Requirements.........................................................................................................................37 E C. Method of Procurement Requirements.....................................................................................................37 D. Contracting with Small&Minority Businesses,Women's Business Enterprises,and Labor Surplus AreaFirms...................................................................................................................................................40 E. Contractual Considerations........................................................................................................................41 Page 2 of 106 Packet Pg. 1411 G.2.g F. Construction Contract Considerations......................................................................................................43 G. Capital Expenditures..................................................................................................................................44 CHAPTER 15 — PAYMENT CARD POLICY AND PROCEDURES...............................46 ATTACHMENTS: Attachment A. Memorandum of Request for Competitive Solicitation...................................47 Attachment B.a. Notice of Request for Competitive Solicitations Sample 1 ..........................48 Attachment B.b. Notice of Request for Competitive Solicitations Sample 2..........................49 a� Attachment B.1. Approval to Issue Addendum .........................................................................50 Attachment B.2. Inventory Deletion Request.............................................................................51CL CL Attachment B.3. Computer Related Equipment Inventory Deletion Request........................52 Attachment B.4. Fixed Asset Transfer Form 53 > Attachment C. Purchasing Card Policy& Procedures 54 8 CL Attachment C.1 Payment Card Policy and Procedures 73 AttachmentD. Forms ...................................................................................................................80 Attachment D-1. Monroe County Purchasing Authorization Form........................................81 Attachment D-2. Monroe County Request to Purchase Form—THIS FORM IS NO LONGER USED....82 0 Attachment D-3. Monroe County BOCC Audit Slip—THIS FORM IS NO LONGER USED..................83 Attachment D-4. Vendor File Request Form—THIS FORM IS NO LONGER USED...............................84 Attachment D-5. Contract Summary Form for Contracts Less Than $50,000.00..................85 Attachment D-6. Contract Renewal Form for Contracts Less Than $50,000.00...................86 AttachmentD-7. Change Order Form...................................................................................... 87 Attachment D-7.a Change Order Attachment...........................................................................88 E Attachment D-8. Public Entity Crime Statement .....................................................................89 U Attachment D-9. Sworn Statement Under Ordinance No. 010-1990 Monroe County,Florida...90 E Attachment D-10. Non-Collusion Affidavit...............................................................................91 L_ a Attachment D-11. Drug-free Workplace Form.........................................................................92 2 Attachment D-12. Vendor Certification Regarding Scrutinized Companies Lists.................93 0. Attachment E-1. Monroe County Procurement Form (purchase over 10,000.00) ................95 0 Attachment E-2. Monroe County Procurement Form (purchase over $50,000.00.................97 Attachment E-3. Entity Checklist................................................................................................98 N Attachment E-4. Disaster Request for Purchase........................................................................99 Attachment E-5. Disaster Audit Slip—THIS FORM IS NO LONGER USED...........................................100 oo Minority Owned Business Declaration.....................................................................................101 >, Appendix A Anti-Lobbying Certification Form 102 2 Exhibit A Sample 1—Notice of Intended Decision for Construction Bids ............................105 Exhibit A Sample 2—Notice of Intended Decision for RFPs &RFQs...................................106 U) c� E c� Page 3 of 106 Packet Pg. 1412 G.2.g MISSION STATEMENT Purchasing Section Monroe County Administrative Services Our mission is to provide quality purchasing and contracting support to all county departments in a timely, cost effective and professional manner. As purchasing professionals: • We follow a strict Code ofEthics, avoiding the appearance ofand preventing the opportunity for favoritism. • We seek to maximize the purchasing power of the public funds, while promoting fair and open competition. • We strive to create a work environment that demonstrates teamwork, respect, integrity and honest communication. 0 CL CHAPTER 1. INTRODUCTION The purpose of the County's Purchasing Policy (Policy) is to secure economy in the construction 0- of County public works and in the expenditure of County funds for services, materials, supplies, and equipment. The Policy is intended to promote actual, honest and effective competition and 0 protect the taxpayers from collusive contracts, favoritism, fraud, extravagance, and improvidence. The policies and procedures outlined herein are governed by Florida Statutes and Monroe County Ordinances,most of which are codified in the Monroe County Code(MCC),most recently in effect. a� CHAPTER 2. AUTHORITY & DUTIES CL 0 U A. Board of County Commissioners The Procurement Policy Office consists of the Monroe County Board of County Commissioners which is hereinafter referred to as the BOCC. CL 1. The BOCC shall decide all matters of policy including those referred to it by the Chief 0 Procurement Officer. i c� 2. No contract for goods or services may be awarded without the approval of the BOCC,unless authorized by MCC or this Policy. T- oo B. County Administrator >% 02 1. The County Administrator is the Chief Procurement Officer and shall have the authority and 0- responsibility to adopt administrative instructions for the procurement of supplies, services, and construction in accordance with policy adopted by the BOCC. The purpose of such administrative instruction shall be to clarify or refine the provisions of the County code on purchasing and/or the Purchasing Policies and Procedures. In the event of any 0- inconsistencies, the County Code provisions shall prevail over Policies and Procedures,the Policies and Procedures shall prevail over Administrative Instructions. E c� 2. The County Administrator has contract approval authority as set forth in Monroe County Code Section 2-58. Page 4 of 106 Packet Pg. 1413 G.2.g C. Budget and Finance Department 1. There is a Purchasing Office (also referred to as the Purchasing Department) within the Budget and Finance Department. The Director of the Budget and Finance Department shall head the Purchasing Section and in such capacity be additionally referred to as the Purchasing Director. 2. The Purchasing Director, with the approval of the County Administrator, may originate or modify a Monroe County Administrative Instruction that delineates specific procedures for E governing the procurement process as defined by County Ordinance and this Policy. 0 3. The duties of the Purchasing Office are as follows: (a) Assures that supplies used by various departments will be uniform whenever consistent with operational goals and in the interest of efficiency or economy. The CL CL Requesting Department must justify in writing the need for a special type of item. (b) Makes alternative suggestions to the Requesting Department if requested specifications would restrict competition or otherwise preclude the most economical 0 purchase of the required items. In case of disagreement as to the content of the specifications, the County Administrator shall make the final determination. (c) Seeks purchases through State, Federal Agencies, Associations or other governmental agencies if the Requesting Department makes a request for same and CL such purchases may be in the best interest of the County. 0 U (d) Reviews all request for purchases of goods and services. Upon review and receipt of a request to purchase from the Requesting Department, the Purchasing Office L- will issue the purchase order including the request for purchase if the purchase is for $1,000.01 or more or is approved by the BOCC. In the event of an irregularity or CL departure from Policy,the purchase order will be referred to the Purchasing Director 0 or County Administrator. N (e) The Purchasing Office will post procurement opportunities on DemandStar. In the Q event a department maintains a list of potential bidders/proposers (with email I- address) that list should be provided to the Purchasing Office for upload to 00 DemandStar. 0 (� Checks convicted/suspended vendor list prior to issuance of a bid tabulation. U) CU (g) Tabulates the responses to RFBs and submit the tabulation to the Requesting Department for determination of the low bidder. When one or more bidders propose an alternative as "an equal" to that specified in the competitive solicitation, whether the proposed substitution is, in fact, an equal is to be determined by the Requesting Department. All other competitive solicitations responses received will be listed and E submitted to the Requesting Department. (h) Reviews all requests for contracts for goods and services prior to submission to the BOCC for review and execution. Page 5 of 106 Packet Pg. 1414 G.2.g (i) Issues purchase orders in response to request to purchase unless the item is below $1,000.01 dollar value or the purchase has been made through a competitive solicitation which has been approved by the BOCC. D. Requesting Department 1. Must submit a Requisition through the finance system to the Purchasing Office for all purchases of goods and services that exceed$1,000.00. 2. Provides adequate description of needed items so the Purchasing Office can assist in preparing specifications to procure the desired items and/or services. 3. Provides written justification for a special type of item and/or"Sole Source" vendor to the Purchasing Office to evaluate the request for any such commodity, service, or source. Once approved by the Purchasing Office, the BOCC, County Administrator or Director of Purchasing may approve at the appropriate level of purchasing authority. CL 4. Ensures that internal controls are present within the department that include, at a minimum that there are a minimum of two people involved in the initiation of the Request to Purchase L- through the verification of receipt of goods or services with a person other than the one who 4- orders the item verifying receipt by signing the invoice, bill of lading or other similar document. For goods that are purchased in any individual purchase order for which the total dollar amount equals or exceeds $2,500,internal controls should be increased either through additional employees involved in the process and/or through documentation of the receipt and application of the goods. CL 5. Secures P.O.'s on all purchases made during an emergency and must ensure that P.O.s are U signed by the required authority. Provides the E.O.C. with a list of P.O. numbers to be E utilized in the event that the normal County operations are closed. 4- 6. The Requesting Department must complete a Supplier Request in the finance system and CL provide a "W-9" or "W-8" for foreign corporations. The Requesting Department is 0 responsible for verifying that the new supplier is set up with the correct supplier information in the finance system. Whenever there is a change of the supplier name, a new Supplier N Request must be submitted in the finance system that includes the old name and Supplier N ID in the comments, along with the new "W-9". A new Supplier ID will be assigned. T- NOTE: Internal Revenue Service regulations require that the supplier name (payee) on the o check must exactly match the name shown on the invoice; contract(if there is a contract); Supplier Invoice Request; W-9; and Supplier Request in the finance system. 0- 7. All Task Orders must be reviewed and approved by the County Attorney's office prior to execution and shall be otherwise treated as a contract. When a contractor or consultant is 2 contracted to perform work pursuant to a Task Order,the Task Order shall be considered an independent contract in relation to, but separate from, an existing principal contract when determining the total cumulative value of$50,000.00. Any Task Order that is less than E $50,000.00 may be approved and executed according to the Signatory Authority provided in 2.G and Monroe County Code Section 2-58. Any Task Order for individual construction or consultant services that is $50,000.00 or more must go to the Board of County Commissioners as a Board agenda item for the Board's approval. Page 6 of 106 Packet Pg. 1415 G.2.g E. Delegation of Authority Subject to the limitations of these policies and any additional procedures imposed, the County Administrator or the Purchasing Director may delegate authority when and where such action is deemed necessary. E Purchasing Authority Purchasing Authority is defined as signature verification of original invoicing for receipt of the ordered goods or services for payment by Purchase Order, Supplier Invoice Request, or other fiscal documents. 1. In order to ensure proper fiscal control, purchasing authority shall be limited to the County Administrator, Assistant County Administrators, Purchasing Director, and Department Directors, unless a designee is approved and authorized by the County Administrator, Assistant County Administrators or Purchasing Director. The County 0 Administrator, Assistant County Administrators and Purchasing Director shall have CL authority to sign requests to purchase up to $49,999.99. Department Directors shall sign off on all purchase orders and shall have authority to sign purchase orders up to W a $19,999.99 without the Administrator or Assistant Administrators' signatures. Requests L- for Purchasing Authority are submitted using the Monroe County Purchasing Authorization Form (Attachment D.1) PURCHASING LEVELS WHAT TO DO? PURCHASING AUTHORITY FOR TOTAL DOLLAR (WHO APPROVES/PAYS) u AMOUNT $.01-$1,000.00 Purchase Order not required Department Director or their 0 designees U $1,000.01 -$5,000.00 Requires the Requesting Department to Department Director or designees L- submit a Requisition in the finance system to C Purchasing. Price reasonableness .2 documentation is required to be maintained by C, the Requesting Department. q $5,000.01 -$9,999.99 Requires the Requesting Department to submit a Department Director or designee `j Requisition in the finance system to Purchasing, along with documentation of price � reasonableness justification,which can include Q two(2)or more price quotes,written documentation of telephone calls,emails to oo suppliers,or internet research. >% 2 $10,000.00-$19,999.99 Requires the Requesting Department to Department Director authorized for 0 CL submit a Requisition in the finance system to purchases of$10,000.01 and Purchasing,along with three(3)or more price above.(Designee allowed for quotes. purchases up to$10,000.00 only.) $20,000.00-$49,999.99 Requires the Requesting Department to County Administrator,Assistant submit a Requisition in the finance system to County Administrator or CL Purchasing,along with three(3)or more price Purchasing Director quotes. $50,000.00 AND OVER Competitive Bid process BOCC E BOCC prior approval required.Governed by County ordinance,as supplemented by the Purchasing Policies and Procedures Manual. 2. If the County Administrator or Purchasing Director determines such to be in the County's best interests, the requirements for three or more quotes or competitive solicitation may be Page 7 of 106 Packet Pg. 1416 G.2.g required for purchasing goods or services at a lower level of procurement requirements than shown in the chart. The Requesting Department should utilize price quotes, telephone, or internet research to document price reasonableness. When the goods or services are procured through Cooperative Purchasing Agreements or other competitive solicitation methods, price quotes are not required by the Requesting Department. When obtaining price quotes, the Requesting Department must diligently seek to obtain quotes and such efforts should be documented (by noting calls and emails etc.) and provided to the Purchasing Office in the event that an adequate number of response are not received along with the Requesting Department's director's certification that his/her department has made all efforts to comply with the Policy. If the Requesting Department, after exercising due diligent and good faith effort to obtain two or 0 more said quotes,does not receive an adequate number of responses from contractors or vendors it may either seek to have the Board waive Policy in this regard or the Director of the Requesting CL Department may certify in writing he/she has verified his/her department's diligence and effort to obtain the required price quotes, and represents to the Purchasing Department that the department is otherwise justified in proceeding with the purchase. L C, 3. A contract may not be split into multiple contracts for services, goods or public improvement for the purposes of evading the requirements of this section. Where a L_ procurement of services, goods or public improvement are cyclical in nature or have to be 4- procured in phases, the Requesting Department shall, to the maximum extent practicable, contract for the full scope of the service, good or public improvement based on an estimate of the full scope of service, good or public improvement anticipated to be required at the time of bidding. For purposes of this section when consecutive multiple contracts for services, goods or public improvement are issued because the full scope of the service, good or public improvement are unknown or cannot be determined or is a function of the funding E source (e.g. grant funding is only available for a portion and further grant funding is unknown) or as a result of other agency requirements (e.g. sewer connection notices), such 0- 4- contracts shall not be considered as split and each contract shall stand alone for purposes of purchasing level classification. CL 4. The following purchase thresholds shall be applied to all purchases based on the cumulative 0 value of the purchase regardless of whether the purchase is a one-time, one event,purchase i or a recurring, multiple event purchase which may exceed a 12-month period. N 5. The actual amount of the invoice, bill of lading or similar document shall not exceed the N purchase order amount by more than 20%. IV- 00 6. The Purchasing Department may reissue a Purchase Order under a new number without submitting a Requisition when a technical situation is causing an issue with the existing 0 Purchase Order. U) G. Signature Authority for Agreements Signature Authority is defined as authority to execute agreements/contracts or leases where the total cumulative value is less than $50,000.00. The Board hereby approves, authorizes, and delegates to the County Administrator (or his designee) threshold approval signature authority to execute contracts/agreements or leases as set forth herein. Only the BOCC has the authority to approve and enter into multi-year agreements and to obligate funds based on budget appropriation approval, except that the County Administrator has the authority to execute multi-year agreements only when the total cumulative contract amount is less than $50,000.00. When the County Administrator appoints a designee, it shall be done in the form of a written memo signed or initialed by the County Administrator and sent to the Clerk of Court and shall identify the date or dates in which the designee is authorized to act on the County Administrator's behalf. If the delegation of authority is for more than Page 8 of 106 Packet Pg. 1417 G.2.g 30 consecutive calendar days, the County Administrator shall issue an updated memo on a quarterly basis.If the County Administrator authorizes a person to act as a designee,such person shall comply with Section 112.3145, Florida Statutes and the financial disclosure requirements set forth therein. The County Administrator (or his designee) is responsible for assuring the following: An understanding of what is being approved;the information and supporting documentation is accurate and complete; the transaction is allowable, reasonable and justified; the transaction is charged to the correct project(s); there are adequate funds to cover the expense; and the funding source is appropriate for the expenditure. The Requesting Department shall provide a completed Contract Summary Form for contracts less than $50,000.00 (See Attachment D.S.) to the County Administrator along with the contract/agreement or lease to be considered for execution by the CL County Administrator. All contracts/agreements or leases will be in a form approved by the County Attorney's Office prior to execution. The County Attorney may require approval or ratification of an agreement by the BOCC. w All executed agreements/contracts or leases must be furnished to the Clerk for record keeping and L- 4- retention purposes. Contract amendments/contract extensions: Contract amendments which provide for the ;2 alteration of specifications, extensions of delivery dates and performance time or similar provisions of a contract without changing the scope of the project, may be approved by the County Administrator (or his designee) if the total cumulative value of the contract including the CL amendment is less than $50,000.00. U Contract Extensions: The County Administrator (or his designee) shall have the authority to execute extension(s) that do not exceed six months (cumulatively) of previously approved CL contracts. If the extension is for more than six (6) months, then the extension must be approved by the BOCC. X Contract Renewal: The County Administrator(or his designee)shall have the authority to execute N renewals of contracts for commodities and/or services subject to the following conditions: N oo 1. The contractor has performed in a satisfactory manner and that the contract manager has received a request to renew from the contractor and that the contract manager has 0 verified satisfactory performance. 2. The BOCC approved agreement provided for a renewal subject to the terms and U) conditions set forth in the initial contract. Cost and term modifications must be 2 addressed in the original solicitation document and/or resulting contract. 3. The renewal is done for a set period of time identified in the solicitation and/or contract, a� commencing at the end of the initial term of the contract. �E c� The Contract Manager of the Requesting Department shall provide a completed Contract Renewal Form for contracts less than $50,000.00 (See Attachment D.6.) in addition to the County Summary Form for contracts less than $50,000.00 (See Attachment D.S) to the County Administrator along with the renewal agreement to be considered for execution by the County Administrator. Page 9 of 106 Packet Pg. 1418 Renewals that fail to meet one or more of the conditions set forth herein will require the approvaG.2.g of the BOCC. Consent to AssiLynments: Interlocal ALYreements (,ILA) or Memorandum of Understanding (MOU): The BOCC shall approve all assignments of contract(s), and IL,As or MOUs with a Public Agency as defined in F.S. 163.01. IL Local Preference It is the policy of Monroe County to provide a local preference in competitive bidding and in obtaining price quotes when required by this Policy. The intent and justification for providing a local preference is set forth in Section 2-349 of the Monroe County Code. A local business, as defined in Section 2-349, may also be given a preference of five percent (5%) in obtaining price quotes when pricing is the major consideration and when price quotes are required by this Policy. 0 L Non-discrimination w It is the policy of Monroe County to provide equal opportunity to all qualified persons in gaining L_ entry to do business with the County. To help achieve an optimum level of competitiveness,Monroe County does not discriminate on the basis of race, color,sex,national origin,religion, age, ancestry, sexual orientation, gender identity or expression,familial status or disability in its purchase of goods and services. J. Payment Dispute Resolution 0 The purpose of this procedure is to ensure the prompt review and payment of all vendor invoices and if a dispute arises regarding a vendor invoice, a procedure for the prompt resolution of the 0- 4- dispute. Payment of invoices for work performed for Monroe County Board of County Commissioners (County) is made in accordance with Section 218.70, et. seq.,Florida Statutes,the Local Government Prompt Payment Act. This procedure will apply to any payment dispute E between the County and a contractor or vendor(both referred to as "vendors" in this section) over X the County's nonpayment of a payment request or invoice when there is no specific dispute N resolution procedure prescribed in the contract. N N If the invoice reviewed is determined to be in compliance with the terms of the contract or purchase 00 00 order that governs payment, the invoice shall be noted as "proper" and forwarded to the Clerk for payment. 0 Dispute Resolution Procedure 1. If an improper invoice is submitted by a vendor, Monroe County shall notify a vendor in writing within ten (10) days after receipt of an improper invoice, that the invoice is improper. The notice should indicate what corrective action on the part of the vendor is needed to make the payment request or invoice proper. The vendor should take corrective action and resubmit E a Proper Invoice to the County. The vendor's steps shall be that of initially contacting the Requesting Department to validate their invoice and receive a sign off from that entity that would indicate that the invoice in question is in accordance with the terms and conditions of the agreement. Once sign off is obtained, the vendor should then resubmit the invoice as a "Corrected Invoice" to the Requesting Department which will initiate the payment timeline of a Proper Invoice. Page 10 of 106 Packet Pg. 1419 G.2.g a Requesting Department for this purpose is defined as the County department for whom the work is performed. b. Proper Invoice for this purpose is defined as an invoice submitted for work performed that meets prior agreed upon terms or conditions to the satisfaction of Monroe County and in accordance with Sec. 218.72,Florida Statutes. 2: Should a dispute result between the vendor and the County over payment of a payment request or an invoice,then the vendor should submit their notice of dispute in writing to the Requesting Department. The Requesting Department should acknowledge receipt of the vendor's notice of dispute and provide the vendor with the County's dispute resolution procedure by mail or email, CL CL if available. Each Requesting Department shall assign a representative who shall act as a "Dispute Manager"to resolve the issue at departmental level. 0 3. The Dispute Manager shall investigate the dispute and document the steps taken to resolve the issue. The Dispute Manager should, as part of his or her investigation, ascertain if the work, for 0- which the payment request or invoice has been submitted, was performed to Monroe County's satisfaction and duly accepted by the Proper Authority. Proper Authority for this purpose is 0 defined as the Monroe County representative who is designated as the approving authority for the work performed in the contractual document. 4. Dispute resolution procedures shall be commenced no later than forty-five (45) days after the date on which the payment request or invoice was received by Monroe County and shall not a� extend beyond sixty (60) days. The Dispute Manager must complete the investigation and CL furnish a written determination to the vendor. 0 5. If the vendor is not satisfied with the Dispute Manager's resolution of the dispute, the County L_ Administrator or his or her designee shall be the final arbiter in resolving the issue and will a issue their final decision in writing within sixty (60) days after the date on which the payment C. request or invoice was received by Monroe County E X 6. If the County does not commence the dispute resolution procedure within the time frame as N set forth above and in accordance with F.S. 218.76, a vendor may give written notice to the Q County of the failure to timely commence its dispute resolution procedure. If the County fails to commence the dispute resolution process within 4 business days after such notice, any 00 amount resolved in the contractor's favor shall bear mandatory interest, as set forth in sec. 2 218.735(9),from the date the payment request or invoice containing the disputed amounts was 0 submitted to the County. If the dispute resolution procedure is not commenced within 4 business days after the notice, the objection to the payment request or invoice shall be deemed U) waived as per F.S. 218.76(2)(b). This waiver of an objection pursuant to this paragraph does not relieve a contractor of its contractual obligations. 7. Monroe County Dispute Resolution Procedures shall not be subject to Chapter 120 of the Florida Statutes. The procedures shall also, per section 218.76, Florida Statutes, not be intended as an administrative proceeding which would prohibit a court from ruling again on any action resulting from the dispute. 8. Should the dispute be resolved in the County's favor interest charges begin to accrue fifteen (15) days after the final decision made by the County. Should the dispute be resolved in the vendor's favor the County shall pay interest as of the original date the payment was due. Page 11 of 106 Packet Pg. 1420 G.2.g For any legal action to recover any fees due because of the application of sections 218.70 et. seq., Florida Statutes, an award shall be made to cover court costs and reasonable attorney fees, including those fees incurred as a result of an appeal, to the prevailing party. CHAPTER 3. COMPETITIVE SOLICITATION PROCESS Any purchase or contract estimated to cost$50,000.00 or greater shall be awarded by competitive solicitation, unless the purchase or contract is for goods and services as set forth in Monroe County Code Section 2-347(e)(2), (e)(3) and (e)(5) and is otherwise authorized by the BOCC and in A compliance with the requirements of this Policy. The Requesting Department must obtain prior BOCC approval to solicit and advertise for competitive solicitations unless it is a previously approved project as set forth in the Purchasing Policy. 0 A. Notice Inviting Competitive Solicitations 1. Specifications: The Requesting Department must prepare competitive solicitation specifications, along with a Memorandum of Request for Competitive Solicitations (see L- Attachment A.), and deliver simultaneously to the County Attorney's office via email to obtain prior legal review/approval prior to submission to the Purchasing Office. Competitive Solicitation specifications should be written broadly enough to encourage a broad range of responses. Competitive solicitation specifications should not be written to steer prospective responders toward the competitive solicitation or "rig" the competitive solicitation for any one particular vendor. All responders shall submit a minimum of one (1) digitally signed original for retention by the Purchasing Department. If the Requesting Department requires 0 additional originals or copies, or other items specific to the competitive solicitation, please specify in the Memorandum of Request for Competitive Solicitations and within the 0- competitive solicitation itself. a It is the responsibility of the Requesting Department to electronically obtain the approved E competitive solicitation from the reviewing attorney and to ensure that all applicable required x County Forms are included and made a part of their competitive solicitation pursuant to the current Monroe County Purchasing Policy and Procedures Manual. N N I- The Purchasing Office is responsible for the submission of approved competitive oo solicitations, Notice(s) of Request for Competitive Solicitations and related Addenda, supplemental supplier's lists, or other medium related to competitive solicitations to 0 DemandStar for posting and electronic distribution. U) 2 Legal Review and Approval: The County Attorney's Office must review all competitive solicitations for legal sufficiency prior to assignment of an opening date by Purchasing, unless otherwise agreed to by both Purchasing and the County Attorney's office. It is the responsibility of the Requesting Department to forward their proposed competitive E solicitation electronically to the County Attorney's Office for legal review/approval attaching a Memorandum of Request for Competitive Solicitations < The assigned reviewing attorney will coordinate directly with the contact person named in the Memorandum during their review. If corrections/revisions are needed, the reviewing attorney will, at their option, either coordinate directly with the contact person to accomplish Page 12 of 106 Packet Pg. 1421 G.2.g the necessary changes or return the competitive solicitation and Memorandum to the Requesting Department to make the necessary revisions and re- submit to the reviewing attorney for final review and approval. Once the reviewing attorney has approved the competitive solicitation, the reviewing attorney will sign and date the Memorandum received with the competitive solicitation to document approval and to initiate publication of the Notice of Request for Competitive Solicitation. The County Attorney's Office will notify the Requesting Department of approval of the competitive solicitation by the reviewing attorney electronically. It is the ? responsibility of the Requesting Department to obtain the approved competitive solicitation from the reviewing attorney. CL CL cu 3. Advertisement: Following legal approval by the reviewing attorney, the County Attorney's Office will obtain an assigned opening date from Purchasing. The County 0 Attorney's Office will prepare and transmit the Notice inviting competitive solicitation for CL publication one time in the Key West Citizen, as the local newspaper qualifying under Florida Statutes Chapter 50.031, and, per BOCC direction one time in the Lower Keys W (News Barometer), Middle Keys and Upper Keys (Keys Weekly) area newspapers. The L_ Notice of competitive solicitation shall also be posted to the County's website. Sample Notice ofRequestfor Competitive Solicitation is attached as Attachment B.a. and B.b.. Following transmittal of the Notice to the newspapers by the County Attorney's Office requesting publication, the County Attorney's Office will email the executed original Memorandum to the Requesting Department. It is the responsibility of the Requesting Department to email omb-purchasing@monroecounty-fl.gov: 1) the executed original 0 Memorandum of Request for Competitive Solicitations 2) a copy of the final approved E competitive solicitation (in .pdf format) and the Notice (as it will publish and in Word 0- format), in time for the competitive solicitation to be uploaded to Demandstar prior to first publication of the Notice in the newspapers. The executed Memorandum and its attachments must be received in the Purchasing Office X allowing adequate time for Purchasing to upload the competitive solicitation and Notice onto Demandstar for viewing upon first publication of the Notice in the newspapers. c� The notice shall also be publicly posted by the Purchasing Office in a consistent public V_ oo location at least twenty-one (21) days preceding the last day established for the receipt of competitive solicitations. The Purchasing Office will be responsible for ensuring all 0 competitive solicitation documents are uploaded to DemandStar for distribution. - U) The competitive solicitation notices shall comply with any applicable statutes and the following shall also apply: a) The competitive solicitations for services, goods or public works that are projected to cost $100,000.00 or less must be publicly advertised in a E newspaper of general circulation in the county, on a date that is no later than 21 days (excluding the publication date) before the date established for the < competitive solicitation opening and that is no later than five days before any pre-bid conference or pre-proposal conference. b) The competitive solicitations for services, goods or public works, that are Page 13 of 106 Packet Pg. 1422 G.2.g projected to cost more than$100,000 but less than$500,000 must be publicly advertised in a newspaper of general circulation in the county, on a date that is no less than 30 days (excluding the publication date) before the date established for the competitive solicitation opening and that is no later than five (5) days before any pre-bid or pre-proposal conference. c) The competitive solicitations for services, goods or public works that are projected to cost $500,000.00 or more must be publicly advertised in a newspaper of general circulation in the County, on a date that is no later than 45 days (excluding the publication date) before the date established for the for the competitive solicitation opening. A In addition, Notice shall also be publicly posted by the Purchasing Office in a consistent public location for the same time periods shown above. 4. Scope of Notice: The public notice required herein shall include a general description of 0. the articles to be purchased or sold, shall state where competitive solicitation instructions and specifications may be secured, and the time and place for opening competitive 0- solicitations. Sample Notice of Request for Competitive Solicitation is attached as Attachment B. 0 All competitive solicitations received must remain valid for a minimum period of ninety (90) days from the competitive solicitation opening. All competitive solicitation openings are generally held on Tuesday,Wednesday or Thursday at 3:00 p.m. The Purchasing office, in conjunction with the County Attorney's Office, will set opening and advertising dates. No responses will be accepted after the specified date and CL time of opening. 0 5. Bid Security Deposit: L_ 4- Construction Projects. Each bid to a competitive solicitation for a construction project estimated to be $200,000.00 or more must be accompanied by a good faith bid security in an amount equal to five percent 0 (5%) of the bid price, by way of a bid bond from a surety insurer authorized to do business in Florida as a surety or any method permitted in Section 255.051, Florida Statutes and as N amended, pursuant to Monroe County Code Section 2-347(i). If the security is in the form Q of a check or draft, it shall be made payable to Monroe County BOCC. The County Administrator or his designee shall have discretion to require a good faith bid security for o construction projects estimated to be less than $200,000.00. A construction project may not 2 be divided into subparts to avoid the requirement of the bid security. Water System or Sewer Improvements. U) Each bid to a competitive solicitation for construction of water system improvements or 2 sewer improvements shall comply with sections 153.10(3) and(4), Florida Statutes and as amended. E Bid Security Forfeiture and Return. Bid securities may remain in the custody of the County OMB for up to 90 days from the bid opening date or until forfeited or released. The bid security of the successful bidder shall be returned to the bidder after (a) the bidder executes the contract (b) delivers a good and sufficient performance bond, payment bond and required proof of insurance as may be required in the contract documents and(c) commences performance of the contract. If after Page 14 of 106 Packet Pg. 1423 G.2.g the BOCC accepts the bid to a competitive solicitation the successful bidder refuses or is unable to execute the contract,to provide the required contract bonds or proof of insurance, or commence performance, then the bid security will be forfeited to, and become the property of, the county as liquated damages for the county's loss of bargain. The bid security of unsuccessful bidders may be returned to the bidder when the award of bid is made and the successful bidder executes the contract, or if all bids have been rejected. Bid securities in the County's possession for more than 90 days from the bid opening date shall be returned to unsuccessful bidders in accordance with Monroe County Code Section 2-347(i). Bidders may withdraw their bid and request, in writing, an earlier return of their bid security CL under the conditions set forth in Monroe County Code Section 2-347(i)(1); however, this action removes the bidder from further consideration should the lower bidders decline the award or withdraw their bids. CL CL cu 6. Addenda: An addendum to a specification shall be defined as an addition or change in the - already prepared specifications for which an invitation has been mailed for formal quotations or an announcement has been posted for competitive solicitation. 0 a) All Addenda must be approved by both legal and the Requesting Department prior to submission to the Purchasing for posting on Demandstar. An Approval to Issue Addendum Form(See Attachment B.1.)must be originally executed by the reviewing attorney and the Department Director of the Requesting Department. The executed Approval to Issue Addendum Form must be attached to the Addenda upon receipt by Purchasing for execution 0 by the Purchasing Director or designee. The executed original Approval to E Issue Addendum Form must be retained with the related competitive 0- solicitation in Purchasing. The addendum shall clearly point out any addition a or change to the specifications. CL Addenda must be posted and available for viewing on Demandstar no later X than five (5)business days prior to the advertised opening (not counting the day of the opening) and/or in compliance with any other applicable N requirements unique to each competitive solicitation. N I- T- b) The Purchasing Office shall be responsible for notifying all prospective oo responders who have received specifications of any issued addenda in 2 writing five (5) calendar days prior to the competitive solicitation opening date. Specifications and addenda in the possession of the Purchasing Office are controlling. U) c� c) Each responder shall examine all competitive solicitation documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the competitive solicitation shall be made to the Requesting Department. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addenda are issued, Monroe County will attempt to notify all prospective responders who have secured the same. Page 15 of 106 Packet Pg. 1424 G.2.g B. Procedure for Competitive Solicitation 1. All public notices calling for competitive solicitation bids,proposals, or replies will include a notification of the date, time and place that the responses will be accepted and opened. Any and all responses received after the time and date of acceptance will not be considered. 2. All responses shall be opened by the Purchasing Office in accordance with the Notice of Competitive Solicitation. The Purchasing Office will tabulate results, and provide the results to the Requesting Department along with all responses received to the competitive solicitation. A 3. All competitive solicitations shall remain valid for a minimum period of 90 days. CL 4. The Purchasing Office is the designated authority for retention andshall receive in electronic format all published competitive solicitations,notices,addenda,Notice of Intended Decision, the Agenda Item Summary and attachments relating to the solicitation and award of the contract, pre-bid meeting sign in sheet(s), selection committee meeting sign in sheet(s), scoring sheet(s)s and ranking sheet(s); and related competitive solicitation documentation pursuant to the Florida Department of State General Records Schedule GS1-SL for State 0 and Local Government Agencies, applicable local and statutory regulations and any other regulations that may apply. 5. All Respondents submitting responses for construction, improvement, remodeling orrepair of public buildings, will furnish evidence that they hold the required and/or appropriate current certificate or registration per Ch.489.131 F.S.unless exempt under Ch.489.103 F.S. 0 U 6. All openings shall be open to the public and the Purchasing Office shall certify and keep a record of said openings. The bid openings will be held in accordance with the Notice of L_ Competitive Solicitation,which may provide for members of the public to attend virtually. a 7. A comprehensive review of the responses will be conducted by the Requesting Department. The Purchasing Office will prepare a tabulation of the competitive solicitation opening and �" certify whether or not any of the respondents that have submitted a response appears on the N State of Florida Convicted or Suspended Vendor list. Q 8. The Requesting Department shall review the information submitted pursuant to MCC oo oo Section 2-347(h) in determining a responsible responder. The Department Director/Requesting Department may consult with the County Attorney or other 0 departments to assist with the evaluation or investigation of this information. U) CU a) The Requesting Department may use a selection committee appointed by the Department Director to review, analyze, evaluate and rank/rate the applicable solicitation responses received and report their findings to the BOCC for consideration and approval_ In the event a selection committee is to be used, the solicitation shall so specify. E c� Selection committees shall be comprised of no less than three (3), and no more than seven (7), members. Each selection committee shall have at least one member who is employed by the Requesting Department and at least one member who is not employed by the Page 16 of 106 Packet Pg. 1425 G.2.g Requesting Department. Depending on the extent of technical information that may be contained in any solicitation, the Department Director may appoint several members from his department,but no more than 2/3 of the members may be from the same department. There shall be no consultants contracted by the County and no County Commissioners on a selection committee. Generally, no County Attorney shall be a voting member of a selection committee unless the County Attorney's office is the Requesting Department. If the issue(s) involve any other government agency, the Department Director may E appoint someone from an affected agency to be on the committee. b) Should a selection committee be formed, the following documents must be sent to C the Purchasing Department in electronic format: 0 1) Sign-in sheet(s) for Selection Committee meetings held 2) Individual score sheets for each committee member 3) Ranking sheet that documents all of the scores for each Respondent, by W committee member 0 4- c) A copy of the Notice of Intended Decision (Samples are attached as Exhibit A) or similar document must be sent to the Purchasing Department to be posted on DemandStar. � 9. A BOCC meeting agenda item shall be prepared by the Requesting Department and attached to the recommended bid. An electronic file of the agenda item summary sheet and all documents attached to that agenda item should be forwarded to the Purchasing Office after U the BOCC has approved the item to be retained in the competitive solicitation file. E L_ 4- 10. Upon approval by the County Administrator, the response(s) will be submitted for BOCC a consideration on a future regular meeting agenda (within sixty (60) calendar days of CL selection) for BOCC approval of an award. A copy of the agenda item seeking approval of 0 an award shall be sent to the Purchasing Office via e-mail. c� 11. The County Administrator and/or appropriate Department Director will be responsible for presenting recommendations to the BOCC. 00 12. Once the BOCC has made a decision,the Requesting Department Director or the designated contract manager will be responsible for ensuring the accomplishment of that which was 0 approved and issuing a P.O. for the full contract purchase amount. U) 13. When the BOCC directs staff to provide for oral presentations to be made on a competitive solicitation, all the procedures in F.S. 286.0113, F.S. 119.07(1) and Section 24(a), Art I. of the State Constitution shall control c� Page 17 of 106 Packet Pg. 1426 G.2.g C. Tie Responses Except where prohibited by federally funded contracts, in the event the same competitive solicitation amounts are received from two or more responders who are considered by the BOCC to be equally qualified and responsive or when two or more responders are equal in rank and score, and only one of the responders has a principal place of business in Monroe County, FL, the award shall be to the responder who has a principal place of business located in Monroe County, FL. Otherwise, the tie will be resolved by draw from an opaque container. D. Rejection of Responses a� 1. The BOCC shall have the authority to reject any and all responses to a competitive solicitation request. 2. If the lowest, responsible response exceeds the budgeted amount and the BOCC does not appropriate additional funds, the requesting authority may solicit approval from the BOCC 1) to amend the project specifications and re-advertise the competitive solicitation or 2) to reduce the scope of the project and negotiate a contract for a portion of the project W specifications with the lowest responsive bidder and re-advertise a competitive solicitation for the remaining work when, and if, funding becomes available. 0 3. If no response is received, the BOCC may be requested to authorize the County Administrator to undertake a different level of competitive selection, including but not limited to a request for letters of interest, and, upon receipt of any response to get approval from the BOCC to proceed with a second mechanism,which may include direct negotiations to purchase the item/service. The BOCC would then consider the results of said negotiations and determine whether acquisition of these goods or services at the negotiated price would U be in the County's best interest, and if so, authorize the requisition. E L- 4- 4. Late responses. Any and all responses received after the time and date of acceptance will not be accepted. 0 E. Waiver of Irregularities X The BOCC shall have the authority to waive any and all irregularities in any and all formal bids, N proposals or other responses to competitive solicitation requests. N I- V- F. Award of Contract 00 The Mayor, when authorized by majority vote of the BOCC, shall execute formal contracts valued at $50,000.00 or more having a binding effect upon the County. The board of county commissioners' determination as to the following is discretionary with the board and is final: whether a bid is the lowest in price, based upon the same criteria set forth in subsection 2-347(i)(3) of the Monroe County Code; whether a proposal is the highest ranked,with price as a consideration 2 when applicable; whether a bid variation from the county's specification is slight and immaterial or substantial and material; and whether a response is submitted by a responsive responsible bidder, as defined in the Monroe County Code. The board of county commissioners at all times reserves the right to waive variations from the specifications that do not render a bid nonconforming, to reject all competitive solicitations, re- advertise for competitive solicitations, or to abandon any project,purchase of goods, or request for competitive solicitations. Page 18 of 106 Packet Pg. 1427 G.2.g G. Protest Procedure Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County Attorney's Office within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar or posting of the Notice of Decision or Intended Decision on the Monroe County Board of County Commissioners' (BOCC) agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3)business days prior tothe Board of County Commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called W in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) 0 minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times and in the manner prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless the BOCC determines that it is in the best interest of the County to do so. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so. 0 U CHAPTER 4. PURCHASE OF PROFESSIONAL SERVICES 0- 4- A. Definition CL A professional service shall be defined as assistance obtained in support of County operations from an independent contractor in one or more of the following professional fields: X 1. Appraisal Services -real and personal property appraisers (as per Chapter 125.355,F.S.). N N 2. Architecture, professional engineering, landscape architecture, or registered landsurveying T_ services (as per Chapter 287.055, F.S.). � 2 3. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per Chapter 11.45, F.S.). U) 4. Consultants -planning, management, technological or scientific advisors. 2 5. Financial Services - bond counsel, rating and underwriting, financial advisor, and 0- investment services. E 6. Legal Services - attorneys and legal professionals authorized by the Office of the County Attorney, including expert witnesses, conflict counsel,Division of Administrative Hearings (DOAH) services, lobbying services, investigative services, interpreter services, court reporting services or advertising services and any other services required by the Office of the County Attorney. 7. Medical Services - medicine,psychiatry, dental, hospital, and other health professionals. Page 19 of 106 Packet Pg. 1428 G.2.g B. Methods of Acquisition Because differences in price may only be a minor concern compared to qualitative considerations, professional services may be exempted by the BOCC from the competitive bidding process.When purchasing professional services below $50,000.00, obtaining price quotes as set forth in Chapter 2 of this policy is strongly recommended, but are not required. The Requesting Department should document why price quotes are not provided. The County Administrator may require competitive solicitation in the form of an RFQ or RFP. Professional services, subject to the competitive solicitation process, will be typically acquired through one of the following methods: CL CL 1. Competitive Selection and Negotiation -per Chapter 287.055, (4) & (5) F.S. Consultants Competitive Negotiations Act("CCNA"). 0 2. Request for Qualifications (RFQ). a) Responding firms are ranked based upon criteria set forth in the RFQ. If presentations are requested by the County, they will be held in compliance with 0 F.S. 286.0113. b) The County will negotiate a contract with the firm selected by the BOCC as the highest ranked firm/individual_ c) The negotiated contract will be reviewed and placed before the BOCC for approval. CL Requests for outside legal services will be referred to the County Administrator and the County U U Attorney for review and comment as to whether said services are necessary and/or appropriate. 0 Requests for outside legal services may be exempted from formal competition by the BOCC at the request of the County Administrator or County Attorney. CL E C. Continuing Contracts X N Definition: NQ N I- A continuing contract is defined as a contract for professional services in accordance with all the T- oo procedures of Florida Statute Sec. 287.055 between the County and a firm whereby the firm provides professional services for professional architects, engineers, landscaping, or surveying and 0 mapping services for projects in which the estimated construction cost of each individual project under the contract does not exceed the amount of Two Million and 00/100($2,000,000.00)Dollars, or for a study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand and 00/100($200,000.00) Dollars,for work of a specified nature as outlined in the contract required by the County, with the contract being for a fixed term or with no time limitation except that the contract must provide a termination clause. Firms providing professional services under the continuing contracts shall not be required to bid against E one another. Page 20 of 106 Packet Pg. 1429 G.2.g Competitive Selection of contractors for continuing contracts: Continuing contracts shall be chosen by the competitive selection process. During the selection process, a selection committee shall rank the professional service contractors. The Board of County Commissioners shall approve the award of each contract for a general continuing contract. The number of contractors to be chosen shall be at the discretion of the Board of County Commissioners. Award of individual contracts to contractors: 1. Separate contracts or task orders for each individual project shall be awarded among the contractors who have been awarded a general continuing contract. 2. Separate contracts or task orders for each individual project shall be approved by the Board of County Commissioners when required under the purchasing policy. 3. The separate contracts or task orders for each individual project shall be awarded on a 0 rotating basis beginning with the top ranked professional service contractor and continuing to the next contractor in ranked order. 0- 4. When the County has identified an appropriate project, County staff shall consult with the next ranked contractor in rotation and shall negotiate the terms of a contract for the specific 0 individual project. If the County and the next ranked contractor in rotation are unable to come to agreement as to the terms of a contract, the contractor shall be placed back in rotation and the staff shall move on to the next ranked contractor in rotation to begin negotiations, and the process shall continue until an agreement can be reached. 5. The order of rotation may be changed by the County Administrator, or an Assistant County Administrator, upon written request by the Department documenting any one of the C. following reasons: 0 a) If the next ranked contractor is not available within the time required by the County for an upcoming project, the contract may be awarded to the next contractor in L- rotation who is available; or b) If a project requires a particular skill set or expertise which, in the discretion of the County Administrator or his designee, is more suitable to a contractor who is not E next ranked in the order of rotation,the County Administrator may award the project i regardless of rank order; or N c) If the next ranked contractor has been awarded and is currently working on other Q County projects, the contract may be awarded to the next contractor in rotationwho I- is not currently engaged or working on other County projects. 00 d) In case of emergency, the County is not required to follow the order of rotation in 2 order to accomplish the necessities of the situation. For purposes of this policy, 0 emergency shall be defined as in the Monroe County Code at Section 2-347 (k)(1). e) When a contractor is not awarded a contract due to the reasons stated herein, that contractor shall be given the next project in rotation for which he is available and possesses the requisite expertise. 6. It is the intent of the Board of County Commissioners that the contracts be ranked and rotated in order of ranking so that the award of contracts are distributed among the contractors and no particular contractor shall be given a contract out of order except forthe reasons stated above. 7. The Requesting Department shall document and provide an explanation(in the agenda item, Department Report or other reasonable method) to the Board of County Commissioners when a contract or task order is $50,000 or more and to be awarded out of the ranked order of rotation. Page 21 of 106 Packet Pg. 1430 G.2.g CHAPTER 5 -DESIGN/BUILD CONTRACTS A. Procedure 1. Procurements for the design and construction of public construction projects may be obtained through a single contract with a firm selected in a manner permitted under Chapter 287.055, F.S. and the procedures set forth in this section. 2. For the purpose of this section, the following definitions shall apply: , a� a) A "design/build firm" means a partnership, corporation, or other legal entity which is: (1) Certified under Chapter 489.119, F.S., to engage in contracting through a certified or registered building contractor as the qualifying agent: and; (2) Qualified under Chapter 471.023, F.S., to practice or to offer to practice engineering; certified under Chapter 481.219 F.S., to practice or to offer to practice architecture; or certified under Chapter 481.319 F.S., to practice or 0 to offer to practice landscape architecture. b) A "design/build contract" means a single contract with a design build firm for the design and construction of a public construction project. c) A "design criteria package" means concise performance-oriented drawings or C. specifications of the public construction project. The purpose of the design criteria 0 package is to furnish sufficient information so as to permit design-build firms to prepare a bid or a response to a Department request for proposal, or to permit a L_ Department to enter into negotiated design-build contract. The design criteria a package shall specify such performance-based criteria for the public construction project, including, but not limited to, the legal description of the site, survey E information concerning the site interior space requirements, material quality i standards, schematic layouts and conceptual design criteria of the project, cost or N budget estimates,design and construction schedules,site development requirements, Q provisions for utilities, storm water retention and disposal, and parking requirements, as may be applicable to the project. our 2 d) A "design criteria professional" means a firm that holds a current certificate of 0 registration under Chapter 481 F.S.to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under Section 471 U) F.S. to practice engineering and provide professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. 3. The design criteria package shall be prepared and sealed by a design criteria professional E employed or retained by the BOCC. If the BOCC elects to enter into a professional services contract for the preparation of the design criteria package, then the design criteria professional shall be selected and contracted with in accordance with the requirements of Chapter 287.055 F.S. The design criteria services of a firm under continuing contract may also be utilized if the project construction costs are estimated not to exceed $2 million and provisions for design criteria services are included within or added to such contracts. All Page 22 of 106 Packet Pg. 1431 G.2.g solicitations for professional services to prepare a design criteria package(s) shall inform the recipient firms of the following information: a) A description of the project; b) The work to be performed; c) Written notification that the design criteria professional who has been selected to prepare the design criteria package shall not be eligible to render services under a , design-build contract executed pursuant to the design criteria package. A 4. Upon completion of the Design Criteria Package, procurements of Design/Build services shall be processed in a manner consistent with Chapter 3 Competitive Solicitation Process. a� 5. The BOCC may appoint, direct and empower a technically qualified screening committee to review, analyze, evaluate and rank/rate the applicable Design/Build proposals andreport their findings and recommendations back to the BOCC for consideration and contract w award. 0 6. The BOCC may declare a public emergency, where appropriate and authorize the using Department to negotiate an agreement for BOCC approval with the best-qualified design- build firm available at that time. a� 7. In lieu of the design/build contractor selection procedure described above, the Department may use a process established by statute and authorized by the BOCC, however, for all design/build competitive selection documents the following shall apply: 0 E a) Proposals must consist of a technical proposal and a price proposal. The two L_ proposals must be segmented into separate sealed packages and clearly marked (1) The technical proposal must include all the information requested in E response to the scope of services described in the design criteria package. w (2) The price proposal must include one lump sum cost for all costs of the N project as defined by the scope of services of the design criteria package. 00 CHAPTER 6 - CONTRACTS/AGREEMENTS 0 A. Contract Review 1. All contracts, leases and/or agreements of $50,000.00 or more shall be reviewed by Risk Management, Purchasing/OMB, the appropriate Department Director, and the County Attorney's Office prior to being placed on the agenda for BOCC approval. A contract summary will be attached to each contract/agreement. All agenda item summaries and E contract summaries accompanying agenda items shall be prepared by the Requesting Department. 2. The Department Director of an approved contract/agreement shall designate a Contract Manager who shall be responsible for enforcing performance of said contract/agreement terms and conditions. Page 23 of 106 Packet Pg. 1432 G.2.g B. Requirements 1. All contracts which bind Monroe County for the purchase of services or tangible personal property for a period in excess of one (1) fiscal year must have the following statement included in the contract. "Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. " 2. Public Entity Crime Statement (Attachment D.8): All requests for competitive solicitation and any contract document shall contain a statement which reads as follows(Section 287.133 F.S.): "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,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 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 business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statute, for W CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 3. Ethics Clause (Attachment D.9). Each contract/agreement entered into by the County shall contain in accordance with Section 5 (b) Monroe County Ordinance No. 010-1990 the following ethics clause; "(Person or business entity) warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or E employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion,terminate this contract without liability and 0- may also, in its discretion, deduct from the contract or purchase price, or otherwise recover � the full amount of any fee, commission,percentage, gift, or consideration paid to the former 2 CL County officer or employee." 0 X 4. Non-Collusion Statement (Attachment D.10): Each bid shall contain the appropriately worded non-collusion certification. N N 5. Drug Free Workplace (Attachment D.11): Each bid shall contain an executed "Drug Free V_ Workplace" form. � 02 6. Vendor Certification Regarding_ Scrutinized Companies List (Attachment D.12): Each bid shall contain this certification. U) C. CPI Computation 2 A multi-year contract/agreement amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U), for the a� year ending December 31 of the previous year. E c� D. Exceptions d 1. There are certain expenditures for which the processing of a purchase order is unnecessary. The following should be made without purchase orders, but utilizing another process in the finance system as indicated below: Page 24 of 106 Packet Pg. 1433 G.2.g a) Employee expenses such as conference expenses, hotel expenses, mileage and other reimbursable expenses in performance of day-to-day duties. These are submitted using the Expense Report in the finance system. b) Interdepartmental charges, which are submitted on a Supplier Invoice Request 2. The Purchase of the following specific goods and or services requires a purchase order and in addition shall be regulated by the appropriate Administrative Instruction. a) All radio communications service and equipment- including but not limited to two- way personnel and vehicle radios, beepers and etc. Monroe County Administrative CL Instruction 45511. C b) All telephone systems, lines, services, equipment and audit costs for same. Monroe County Administrative Instruction 44401. c) All computers and or data communications hardware, software, product and services. Monroe County Administrative Instruction 44401. 0 d) All travel shall be approved and/or regulated by the Monroe County Administrative Instruction 44716. e) All purchase of vehicles, rolling equipment or emergency generators (excluding fire trucks and ambulances)shall conform to Monroe County Administrative Instruction 46402. CL 0 U E. Preference to Florida businesses (F.S. 287.084) E 0 L_ 4- When required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive response is a vendor whose principal place of business is in the State of Florida, then the County may award a preference to the lowest responsible and responsive 0 vendor having a principal place of business within the State of Florida. However, this section does not apply to transportation projects for which federal aid funds are available. N Q N F. Preference to businesses with drug free workplace programs (F.S. 287.087) V_ our Whenever two or more responses that are equal with respect to price, quality, and service are 2 received by the County for the procurement of commodities or contractual services, a response received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. U) c� G. Change Orders 1. Whenever there is a change to a construction contract or professional services contract or task order, a Change Order must be prepared (see Attachment D.7 and D.7a) explaining the revision. A change to a construction contract or professional services contract or task order modifies the agreement and work and includes changing the original contract price and/or extending the date of substantial completion of the subject project or final date that the professional service must be completed or performed. 2. The County Administrator has the final approval and authority for execution of a Change Page 25 of 106 Packet Pg. 1434 G.2.g Order provided the Change Order for a given project or service does not exceed 550,000.00, or five (5)percent of the original contract price, whichever is greater. Change Orders may be approved and executed according to the Signatory Authority provided in 2.G and Monroe County Code Section 2-58. 3. Before the County Administrator executes a Change Order described in the above item G.2., he must first notify the members of the Board of County Commissioners of his intent to do so at least 24 hours before executing it. The County Administrator has the authority,without notifying the Board of County Commissioners, to approve a Change Order to alter the substantial completion date by up to six (6) months provided that it does not change the contract amount. 4. A report must be provided at each monthly County Commission meeting listing the Change Orders approved by the County Administrator during the prior month and the reasons for those Change Orders. 0 5. Any Change Order which exceeds the amount approvable by the County Administrator as described in the above item G.2. must be approved by the Board of County Commissioners. 6. All Change Orders must be approved prior to any commencement of work. 0 CHAPTER 7. EXCLUSIONS A. Sole Source a� Purchase of commodities and services from a single source may be exempted from formal competition or price quote requirements under the following conditions: E U 1. The Purchasing Office must in all cases evaluate the request for such commodity,service or 0- source. Once approved by the Purchasing Office, all Sole Source purchases are subject to approval by either the BOCC, County Administrator, Assistant County Administrators or CL Purchasing Director in accordance with purchasing level authority. The Purchasing Director shall be authorized, after initial sole source certification, to make additional purchases from X a sole source vendor for not more than one year or until such time as contrary evidence is presented regarding sole source eligibility, whichever period is less. N N 2. There must be a documented determination from the Requesting Department or person that V_ oo there is no other source readily available prior to the initiation of the sole source procurement. 0 a) The Requesting Department shall document the search conducted to ascertain that there is no other source available. The search shall include phone calls, e-mails, and letters to procurement offices or the Requesting Department's counterpart in other Florida counties as well as to entities listed in the County's vendor list and the phonebooks for Monroe County and Miami-Dade County in business classifications which might reasonably be expected to provide the goods or services desired. The E documentation shall include a log of phone calls made and the emails and letters sent with a compilation of results from all phone calls, responding letters and other correspondence. Page 26 of 106 Packet Pg. 1435 G.2.g b) Where the procurement itself, due to the nature of the goods or services (i.e. in order to obtain conformity to existing contracted goods or services, in order to avoid the loss of warranty coverage,proprietary licensing,equipment capability, etc.), dictates sole source acquisition, the Requesting Department shall provide written justification as to the sole source nature of the procurement. c) The Requesting Department will submit this documentation and request for sole source provider to the Purchasing Department for review. Once approved by the Purchasing Department, and upon approval from the BOCC, County Administrator, or Purchasing Director that the proposed provider is a sole source provider, the Requesting Department may proceed with the procurement process. CL B. Emergency Purchases C The term "emergency" is as defined in Section 2-347(k)(1) of the Monroe County Code. 0 L_ Purchase of commodities and services in the event of a public emergency may be obtained under CL the following conditions: w 1. The public emergency for the requirements will not permit a delay resulting from competitive solicitation. 0 2. With respect to an emergency as defined in Section 2-347(k)(1)a.-c. of the Monroe County Code: a) Where the value of the goods or services to be purchased is less than $50,000.00, emergency purchases may be approved up to the spending levels CL outlined in Chapter 2 Section F, above without the need for obtaining 0 competitive price quotes. U b) Where the value of the goods or services to be purchased equals or exceeds E $50,000.00, the purchase may be approved by the Mayor, or if the Mayor is not available then the Mayor Pro Tem, or if the Mayor and the Mayor Pro Tem are not available then County Commissioners in order of priority based C. E on longest consecutive tenure on the Board of County Commission, but the 0 purchase must be ratified after-the-fact by the Board of County Commissioners at the next practicable meeting of the BOCC. N Q N 3. With respect to an emergency as defined in Section 2-347(k)(1)d. of the Monroe County Code, the purchase may be approved up to the spending levels outlined in 0 Chapter 2 of this Manual, including the requirement to obtain competitive price quotes, where necessary. 4. Where the purchase of goods or services requires a contract where the cumulative U) total value per fiscal year is $50,000.00 or more, the contract must be ratified after- 2- the-fact by the Board of County Commissioners at the next practicable meeting of the BOCC. 5. Authorization During Normal Business Hours. In the case of emergencies that require the immediate purchase of goods, equipment, or services, the County Administrator, Assistant County Administrator, Purchasing Director, Department Director, or a properly authorized designee shall be empowered to secure such goods or services without competitive selection. In this event, all measures reasonably possible under the circumstances shall be taken to assure the maximum cost benefit to the County of the goods or services procured. Page 27 of 106 Packet Pg. 1436 G.2.g 6. Authorization Outside of Normal Business Hours. A Department Director, during non-business hours, is authorized to make purchases without competitive solicitation, when an emergency arises. 7. Documentation and Approval. Documentation for emergency purchases pertaining to the above shall be submitted to the Purchasing Office with a detailed explanation, and support material attached, if applicable, within ten (10) workdays after the event occurred. Emergency purchases below the competitive solicitation thresholds shall be approved by the County Administrator after-the- fact. All emergency purchases equal to or exceeding $50,000.00 must be approved by the BOCC after- the-fact. CL CL 8. All emergency purchases are subject to approval by either the BOCC, County Administrator, Assistant County Administrator or Director of Purchasing at the 0 CL authorized level of authority. Any waiver of competition in a specific instance shall C not serve to waive competition of future purchases of a similar or exact nature. 0- Emergency purchases are to be used only when unforeseen circumstances occur. Poor planning does not constitute an emergency. C. Cooperative Purchasing 1. State and Federal Contracts.Purchases equal to$50,000.00 or more from vendors holding current "State" and General Services Administration herein after ("GSA") contracts are CL exempted from the competitive bidding process. However, before any purchase is made 0 through an existing contract, the Requesting Department, if directed by the Purchasing Director or County Administrator, must first contact other South Florida vendors in order 0- to determine if the goods or services sought are available at a lower price than the price(s) of the existing contract. If the goods or services are available from another vendor at a price lower than the price of the existing contract,then the contract for the goods or services must E be awarded to that vendor. The purchase of the goods or services sought may be made X through the existing contract if none of the other vendors contacted by the Requesting Department offered the goods or services at a price lower than the price of the existing Q contract. The Purchasing Director will review and verify the Requesting Department's � information or documentation. If the purchase is below the competitive bidding threshold 00 of$50,000.00, price quotes are not required by the Requesting Department unless directed by the Purchasing Director of County Administrator. 0 2. Other Public Procurement Units. Requesting Departments are authorized to purchase goods and services from cooperative purchasing ventures run by other units of governments when the best interests of the County are served. All purchases made through this section 2- shall be from contracts awarded through full and open competition, equivalent with the methods set forth in this policy, and shall be exempt from further competitive procurement process set forth in this policy. The Purchasing Department is also authorized to enter into joint ventures with other local governments in order to create purchasing cooperatives and promote efficient purchases. Page 28 of 106 Packet Pg. 1437 G.2.g D. Previously Approved Projects Once the BOCC has approved a project, concept, and/or specific capital budget item, which includes maintenance to County buildings and equipment, including repairs,janitorial services etc., subsequent additional, redundant approval by the BOCC is specifically not required for advertisements, Requests for Qualifications (RFQs) or Request for Bids (RFB's), Request for Proposals (RFPs) or replies (BOCC action 5-26-93, Page 93/254 41). When repairs are needed due to an emergency event(such as a hurricane) and obtaining BOCC approval will delay procuring the goods or services needed for the necessary repairs, the County Administrator or Assistant County Administrator can authorize the advertisement of the competitive solicitation until the BOCC can CL approve the project or concept at the next practicable BOCC meeting. E. Piggybacking 0 CL The County has the option to "piggyback" on another governmental entities' or not for profit association's competitively awarded bid to take advantage of the pricing received: 1. The Requesting Department must first verify specifications and award information and 0 receive permission from both the entity and the vendor to piggyback or when permission is not attainable, that there is no known objection or prohibition to piggyback. 2. Piggyback purchases equal to $50,000.00 or more are not subject to the competitive solicitation process. However, before any purchase is made through an existing contract, the Requesting Department, if directed by the Purchasing Director or County Administrator, must first contact other South Florida vendors in order to determine if the goods or services 0 sought are available at a lower price than the price(s) of the existing contract. If the goods E or services are available from another vendor at a price lower than the price of the existing L_ contract, then the contract for the goods or services must be awarded to that vendor. The a purchase of the goods or services sought may be made through the existing contract if none CL of the other vendors contacted by the Requesting Department offered the goods or services 0 at a price lower than the price of the existing contract. The Purchasing Manager will review and verify the Requesting Department's information or documentation. N Q N 3. Conversely,Monroe County will allow other governmental entities to piggyback on Monroe I- IV- County's quotes when requested. 00 4. Please note the term "piggyback" only applies when the items(s) or services(s) being .2 purchased are similar or substantially similar as the original award. CHAPTER 8. BLANKET PURCHASE ORDERS c� A Blanket Purchase Order (BPO) is a simplified method of filling anticipated repetitive requirements for supplies or services with qualified vendors during a specified period(not to exceed 12 months or one (1) fiscal year whichever is less). BPOs are designed to reduce administrative costs in accomplishing purchases (up to $49,999.99)by eliminating the need of issuing individual written purchase orders. 1. BPOs are issued when there are repetitive needs for specific items or services and when the exact quantities and delivery requirements are not known in advance and may vary. A purchase requisition containing(1)description of the required items or services, (2)specified period, and (3) estimated quantities for the specified period, is required to get a pre-priced Page 29 of 106 Packet Pg. 1438 G.2.g BPO. BPOs cannot be issued without a maximum dollar amount. A BPO shall be authorized by the Department Director or their designee through the approval workflow for the Requisition in the finance system. CHAPTER 9. MINORITY BUSINESS ENTERPRISE (MBE). SMALL BUSINESS & DISADVANTAGED BUSINESSES If required by Federal Aviation Administration (FAA) grant or other Federal-funded grant requirements the Department having project management/oversight responsibilities, should develop an acceptable plan to utilize and afford opportunities to minority, small and disadvantaged firms. This plan may include: 0 1. Separate percentage goals for using small, minority and disadvantaged businesses. 2. Name of an individual employed or retained who will administer the firm's subcontracting program. 0 4- 3. Description of efforts to be made to ensure such firms have an equitable opportunity to compete for subcontracts. 4. Assurance that federally funded contracts comply with the provisions contained therein. 5. Assurance to cooperate on surveys for compliance. CL 0 U CHAPTER 10. PURCHASE OF INSURANCE E 0 L_ 4- Any purchase of insurance by the Monroe County BOCC shall be treated as the purchase of a a commodity and regulated the same, except as set forth below. The purchase of builder's risk insurance for County projects may be exempt from competitive X bidding procedures pursuant to Section 2-347(e)(5)(g.) For the purchase of builder's risk insurance expected to cost less than $50,000, separate price quotes are not required, but the agent should N solicit several insurance companies to ensure that the best price is attained. For the purchase of N builder's risk insurance expected to cost more than $50,000, the County Administrator should V_ oo authorize the purchase and report to the Monroe County BOCC the purchase of the premiums. It is understood that since the cost of builder's risk policies are included in the overall budget for the 0 project, the cost of premiums will be paid from the funding source for that project which are 0- generally approved by the BOCC as part of the budget process. U) The purchase of insurance which is exclusive, due to the unique terms and conditions and/or the detailed coverage required by the County,may also be exempt from competitive bidding procedures pursuant to Section 2-347(e)(5)(g.).Risk should document the reason(s)for the policy being exempt from the competitive bidding procedures. When premiums exceed $50,000, the Monroe County E BOCC should authorize the exemption. In an emergency, i.e. an interruption of an essential government services, the County Administrator may authorize the purchase of the policy and seek ratification from the Monroe County BOCC. All policies for insurance coverage shall have an initial term and shall thereafter be renewable yearly for up to three (3) additional years with BOCC review. Page 30 of 106 Packet Pg. 1439 G.2.g CHAPTER II. RECYCLED CONTENT PRODUCTS The County shall on a continuing basis encourage the use of products and materials with recycled content. Preference shall be given to the procurement of recycled content products and materials when it can be determined that such purchases are cost effective, meet specifications required and are in the best interest of Monroe County. For the purposes of this section "recycled content" means materials that have been used, recycled and are contained in the products or materials to be procured as "post" recycled. To the extent feasible each department shall keep a compilation of the number and amount of recycled product u or materials it purchases each fiscal year. CHAPTER 12. SURPLUS ITEMS 0 The objective of this policy is to ensure that all County assets are properly tracked and disposed of in compliance with Florida Statutes. W The following rules apply to all departments in possession of fixed assets belonging to Monroe 0 County. The rules also apply to constitutional officers, contracting parties, and third-parry entities in possession of fixed assets belonging to Monroe County. (Each such department, or office shall be known as a"using agency".) a� Contracting parties in possession of tangible non-consumable property owned by Monroe County which is no longer used or which has become obsolete,worn out or which the parties believe should be scrapped shall submit reports identifying such property to the department responsible for their E contract, which in turn shall forward the reports to the Clerk of the Court, Property Clerk. U 1. Each using agency shall assign a person who will be primarily responsible for maintaining L_ the fixed assets of the Department or Office ("Property Custodian"). 2. Classification of Surplus Property: E 0 a) Property may be designated as surplus by the using agency for any of the following X reasons: N N (1) It becomes inoperable and cannot be repaired; N (2) It is more economical to replace the asset than to repair it; oo (3) Property becomes obsolete; 2 0 (4) The department or office no longer has need of the item; or - (5) It is scheduled for replacement as a matter of policy. c� b) All property that is declared surplus shall be designated into one of four (4) categories: 0- (1) Vehicles; (2) Property with a historical purchase value equal to or greater than $1,000 (fixed asset, with property ID#); (3) Property with a historical purchase value less than $1,000 (non-fixed asset, no property ID#); (4) Computers, computer-related, and telecommunication equipment. Page 31 of 106 Packet Pg. 1440 G.2.g 3. After the property has been placed into a specific category the following procedures will be used for disposition: (1) Property estimated to have a fair market value equal to or greater than $5,000 shall be sold by competitive solicitation/public auction to the highest responsible responder after publication of notice of at least one week and not more than two weeks in a newspaper of general circulation within the County; and additional notice if, in the opinion of the using agency, it will serve the best interests of the County. (a) Required forms to initiate the competitive solicitation/ ublic auction of surplus property: The Property Custodian within the using agency is responsible for preparing and submitting an Inventory Deletion Request Form (See Attachment B.2), executed by the Property Custodian and the Department Director of the using agency, 0 CL to the Property Inventory Clerk. For computer related equipment C valued over $1,000, the Property Custodian in the using agency is 0- responsible for preparing and submitting the required Computer Related Equipment Inventory Deletion Request Form (See ,0 Attachment B.3). The Information Technology Department will send the completed form to the Property Inventory Clerk and coordinate directly with the Property Inventory Clerk and the using agency for the competitive solicitation/public auction and/or transfer, donation or disposal of the surplus computer equipment. (See Administrative Instruction 4725.). C, 0 U (b) BOCC must allprove the request to advertise for competitive E solicitation/public auction for the sale of surplus UroUer1j. Upon L- receipt of the fully executed Inventory Deletion Request Form or a Computer Related Equipment Inventory Deletion Request Form, the C, Property Inventory Clerk or using agency, will place an item on the E BOCC agenda for approval of competitive solicitation/public auction i for the sale of the surplus items. N N (c) Scheduling and Coordination of Competitive Solicitation/Public I- Auction: Following BOCC approval, the Property Inventory Clerk 00 initiates and coordinates the competitive solicitation process for the sale of surplus property at intervals throughout the year as needed, 0 coordinating with the Property Custodians in each using agency, the County Attorney's Office and the BOCC Purchasing Office. In U, addition to the Property Inventory Clerk's sale of surplus property,the using agency may schedule and coordinate a competitive solicitation/public auction for the sale of specific surplus property when it is necessary or beneficial for the County. E (d) Notice: At the request of the Property Inventory Clerk or using agency the County Attorney's Office prepares a Notice of Request for Competitive Solicitation (see Attachment B,. using the surplus property inventory data provided by the Property Inventory Clerk or using agency. The County Attorney's Office transmits the notice requesting publication one time in the Key West Citizen (as the local Page 32 of 106 Packet Pg. 1441 G.2.g newspaper qualifying under Florida Statutes Chapter 50.031), and,per BOCC direction one time in the Lower Keys (News Barometer), Middle Keys and Upper Keys (Keys Weekly) area newspapers. The Notice shall also be posted to the County's website. Additional notification is also posted on Monroe County's social media platforms (i.e. Facebook Page). The Purchasing Director places the item(s) on DemandStar. (e) Once the opening is held and the responses are reviewed,the Property ? Custodian within the using agency places an item on the BOCC agenda, requesting approval to award/sell specific item(s) to the highest responsible responder and authorizing the County Administrator to sign the Bill of Sale, Absolute prepared by the Property Inventory Clerk. 0 (� After payment is received,the Property Inventory Clerk is responsible for preparing and transmitting a Bill of Sale, Absolute to the County Attorney's Office for each individual surplus item being sold. The 0 County Attorney's Office transmits the Bill of Sale, Absolute to the County Administrator for execution. Upon execution the Bill of Sale, Absolute shall be forwarded to the Clerk for recording of the document in BOCC records. The Clerk then transmits the fully executed original Bill of Sale, Absolute (s) to the Property Inventory Clerk to transfer title and possession of the item(s) to the successful bidder, coordinating with the using agency as needed. If the item(s) are sold 0 U via public auction by an outside vendor retained by the County, the E Property Inventory Clerk will coordinate title transfer and preparation L- of documents with the vendor and may do so prior to payment to the a County and/or in accordance with the public auction vendor's contract. 0 x (2) Assets with a fair market value equal to or greater than $5,000 for which no bid was received shall again be offered for sale by competitive solicitation. If no acceptable bids are received after a second attempt to sell by competitive solicitation,then the property may be sold by an outside vendor retained by the County for public auction services. Assets with a oo fair market value lower than $5,000 for which no bid was received after one attempt to sell 2 c� by competitive solicitation may be sold by an outside vendor retained by the County for public auction services. (3) All assets with a fair market value lower than $5,000 may be sold by competitive 2 solicitation/auction in accordance with the procedure set forth above, or may be donated to another governmental entity or not-for-profit organization as set forth below. Assets with a fair market value equal to or greater than $5,000 for which no bid was received at 0 competitive solicitation may also be donated to a governmental entity or not-for-profit organization. Assets with a fair market value equal to or greater than $5,000 may be offer to other government units in the County for sale or donation or may be offered to private nonprofit agencies, prior to being sold by competitive solicitation when it is detenuined by the BOCC to be in the best interest of the County to do so. Page 33 of 106 Packet Pg. 1442 G.2.g (4)Property estimated to be less than $5,000 that has a useful life, may, but is not required to, be offered to all other County departments by use of County e-mail for a period of 10 days, on a first come, first serve basis. A Fixed Asset Transfer Form (See Attachment B.4) will be completed by the receiving and transferring department or office and submitted to the Property Inventory Clerk with a copy to Risk Management. (5) Property which value is estimated by the BOCC to be under $5,000.00 deemed to have no further use to the County due to obsolescence, inefficiency, or being uneconomical may be donated to another governmental entity within the County, may be donated to a private not-for-profit organization within the County or may be disposed of for value in compliance with 274.06,Florida Statutes and as amended. The determination of property to be disposed CL of by the BOCC shall be at the election of the BOCC in the reasonable exercise of its discretion pursuant 274.06, Florida Statutes. Property, the value of which the BOCC estimates to be under$5,000.00, may be disposed of in the most efficient and cost-effective 0 means as determined by the BOCC pursuant to F.S. 274.06. All assets under a lease agreement will be disposed of in accordance with the terms of the agreement. 0 (6) If it is determined that the trade-in value is more beneficial to the County, a vehicle or piece of equipment may be used as a trade-in for the purchase of replacement equipment. a� (7) If it is determined that it is useful and economical to retain a portion, or a component, of the asset for future use, then the portion or component can be retained and the balance of the asset sold, donated, or destroyed. In such case the portion retained and the portion sold, 0 donated, or destroyed shall be noted on appropriate forms. 0 L_ 4- 4. Subject to the procedures noted above, responsibility for disposition is as follows: a) Fleet Management is responsible for the disposition of vehicles and other heavy E equipment, excluding Emergency Services, Airports and Social Services X Department vehicles. Those Departments are responsible for disposition of their vehicles and are required to follow the surplus property as set forth above. N N b) Property Custodians are responsible for the disposition of fixed assets of any value, 00 other than vehicles, computers, computer-related, and telecommunication equipment. 0 c) Information Technology is responsible for the disposition of computers, computer- U) related, and telecommunication equipment. c� 5. Employees of Monroe County are expressly forbidden to bid on sales of surplus Monroe County property.No employee's relative, as defined by Florida Statute Section 112.312(21), shall be allowed to bid on surplus property over which the employee had custody or authority to initiate or authorize the decision to surplus. F.S. 112.312(21): "Relative," unless otherwise specified in this part, means an individual who is related to a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter- Page 34 of 106 Packet Pg. 1443 G.2.g in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the public officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or any other natural person having the same legal residence as the public officer or employee. A CHAPTER 13. PURCHASING CARDS (P-CARDS) CL The Monroe County Purchasing Card Policy & Procedures establishes detailed procedures and policies which control the use of Purchase Cards. The Purchasing Card Policy &Procedure is to be followed and is attached hereto as Attachment C. There shall be absolutely no personal purchases made with the County issued P-Card. 0- 0 CHAPTER 14—FEDERAL FUNDING REQUIREMENTS This Chapter is provided to ensure that Monroe County has and maintains proper policies and procedures as required by federal awards and consistent with 2 Code of Federal Regulations (C.F.R.) Chapter I, Chapter II, Part 200. All procurements must comply with Florida Statutes, rules CL and procedures as per 2 C.F.R. §§200.318-200.326. E All Contracts and procurements in which federal funds are used shall include the following U provisions: [See 2 CFR part 200 for a more detailed description of the federal provisions] 0- 4- A. Procurement Standards (2 C.F.R. §§200.318-200.326) g 1. General Rules x These standards apply to procurement of goods or services using federal funds and program N income. N N The procurement must comply with Non-Federal Entity/Monroe County's procurement T_ oo procedures which reflect applicable State and local laws and regulations,provided that they conform to applicable Federal law and the standards identified in 2 C.F.R. Part 200. 0 The Requesting Department, via the designated contract manager, must maintain oversight 0- 0 to ensure that contracts perform in accordance with the terms, conditions, and specifications S of their contracts or purchase orders. (2 CFR § 200.318(b)) c� 2. Procurement Documentation: The County must maintain all procurement records sufficient to detail the history, including all competitive bidding documents and all other documentation relating to the evaluation of E the competitive bidding proposals and responses; justification of the award; and approval of the contract price and type. The Requesting Department must comply with the grant < procurement requirements or complete either the E.1. or E.2.Procurement Form(Attachment E.1 for purchases below $50,000.00) or Attachment E.2 for purchases through competitive solicitation, i.e.purchases of$50,000.00 and above), and submit with the Requisition. If Disaster related, use Disaster Request for Purchase Form (Attachment E.4). The E4, El or Page 35 of 106 Packet Pg. 1444 G.2.g E2 and supporting documents must be submitted to the Budget and Finance Office for approval before submitting to the BOCC for the contract award. In addition, if Attachment E.3 (Debarred, Suspended or Ineligible Entity Checklist) and/or the Minority Owned Business Declaration are required, include them with the E4 submission to Budget and Finance. These documents must be maintained in accordance with Chapter 119, Public Records Law and the Florida Department of State, Division of Library and Information Services, General Records Schedules GS1-SL for State and Local Government Agencies. While 2 C.F.R. 180.220(b) lists covered transactions as contracts equal or above $25,000.00 for auditing services; or where prior federal agency approval is given, since the Florida Division of Emergency Management (FDEM) Agreement that provides disaster reimbursement requires this form (See Form E.3.) in all contracts regardless of the amount and since we are already conducting a check on all vendors, this is best practice and will be required on all contracts. 0 3. Conflict of Interest: The Monroe County Personnel Policies and Procedures Manual setting forth written standards W a of conduct, including conflict of interest, and governing the actions of County employees shall L_ be followed at all times along with the Monroe County Administrative Instruction 4301.10, Basic Procedures for Grant Administration, which set forth additional instructions relating to Federal rules and guidelines. No employee, officer or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated in the contract, has a financial 0 or other interest in or tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the County may neither solicit nor accept gratuities, favors, 0- 4- or anything of monetary value from contractors or parties to subcontracts. However, in accordance with the Personal Policies and Procedures, a gift of$25.00 or less is considered a non- substantial financial interest or an unsolicited item of nominal value. County Employees, E officers or agents that violate the County standards of conduct will be subject for disciplinary X actions as set forth in more detail in the Personnel Policies and Procedures Manual. (2 CFR § 200.318(c)(1), 200.318(c)(2)) N N 4. Avoidance of unnecessary or duplicative items: 00 The Budget and Finance Department must review expenditures to avoid the acquisition of unnecessary or duplicative items; consider consolidating or breaking out procurements to obtain 0 a more economical purchase; and where appropriate analyze lease versus purchase alternatives or other analysis to determine the most economical approach. The Budget and Finance Department should foster greater economy and efficiency and promote cost-effective use of shared services with the Federal Government and state and local government entities through interlocal agreements or other inter-entity agreements, including use of Federal excess and surplus property in lieu of purchasing new equipment and property. (2 CFR §§200.318(d), 200.318(e),200.318(f)). 5. Contracts may only be awarded to responsible vendor/contractors: The County must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, including County laws and policies, record of past performance, and financial and technical resources. Page 36 of 106 Packet Pg. 1445 G.2.g The Requesting Department must complete the Debarred, Suspended, or Ineligible Entity Checklist(Attachment E.3) (2 C.F.R.200.318(h)). B. Competition Requirements 1. Full and Open Competition:As per 2 C.F.R. §200.319,and consistent with Monroe County Code §2-347(a) and the Mission Statement of this Policy, all procurement transactions must be conducted in a manner providing for full and open competition, which prohibits placing unreasonable requirements, unnecessary experience or excessive bonding on firms in order for them to qualify to do business. County staff shall ensure that procurement transactions do NOT allow: noncompetitive pricing practices between firms and affiliated companies; noncompetitive contracts to consultants that are no retainer contracts (e.g. out-of-scope work added to the consultant's work retainer); 0 specifying only a"brand name"product instead of allowing"an equal"product; and any arbitrary action in the procurement process. 2 C.F.R. §319(a) w 2. Prohibition on Bidding: The contractor that is bidding on the contract cannot be involved with L- developing or drafting the specifications, requirements, statement of work, invitation for bids or request for proposals (2 CFR §200.319(a)). 3. No State or Local Preference*: No preference shall be included in the competitive solicitation or in the procurement transactions (2 CFR § 200.319(b)). *Please note that the RESTORE ACT allows for state preference. 0 4. Solicitation Requirements: The solicitation shall include a clear and accurate description of the technical requirements for the material, product, or service to be procured, including 0- 4- requirements that must be fulfilled by offerors/vendors and the evaluation factors/criteria, e.g. Identify if price or quality is most important in the solicitation. If the County uses prequalified persons or firms,the contract for services or list must be current and include at least E 3 prequalified persons or firms and not preclude any potential bidders from qualifying during X the solicitation period. 2 C.F.R. §§319(c)-319(d). N N N I- C. Method of Procurement Requirements 00 00 As per 2 CFR § 200.320, one of the following methods must be used when procuring goods or services with any federal funds: 0 1. Formal Procurement -Over $50.000.00 (2 C.F.R. §200.320(cil a Sealed Bids: Bids are publicly solicited and a firm fixed price contract(lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price. Sealed bidding is the preferred method for procuring construction. [Federal Note: Sealed bidding is generally used where price E is the most important evaluation factor for the County.] Contract award under the sealed bidding method of procurement is made to the bidder submitting the lowest priced, responsive and < responsible bid. i. Responsive and Responsible Defined: "Responsive" refers to whether the bidder meets all the material requirement of the Request for Bids(RFB)/invitation forbid(IFB),while "Responsibility" refers to contractors possessing the ability to perform successfully Page 37 of 106 Packet Pg. 1446 G.2.g under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, records of past performance, and financial and technical resources. [See 2 C.F.R. §200. 318(h)] ii. Conditions of Sealed Bids: All of the following conditions must be present to use sealed bids: i) a complete, adequate, and realistic specification or purchase description is available ii)two or more responsible bidders are willing and able to compete effectively for the business iii) the procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. [ 2 C.F.R. §200.320(c)(1)] iii. Requirements for Sealed Bids: If sealed bids are used,the following requirements apply: 1) The County must solicit bids from an adequate number of known supplies (via a� DemandStar and if applicable to a list of suppliers to be provided to OMB from the 0- Requesting Department), providing sufficient response time prior to the date set for opening the bids and must be publicly advertised(refer to time frame set forth in Chapter 3, Paragraph A. 2.; W 2) The competitive solicitation should include any specifications and pertinent attachments, and define the items or services in order for the bidder to properly respond; 3) Set forth the Time and Place for the bids to be publicly opened; 4) Award a firm fixed price contract in writing to the lowest responsive and responsible bidder; 5) If any bids are rejected, there must be a sound documented reason supporting the rejection [2 C.F.R. §200.320((c)(2)]. CL 0 iv. Cost or Price Analysis As per 2 CFR §200.323, if the contract amount (including contract modification) exceeds $50,000.00 the County must perform a cost or price 0- 4- analysis. A Cost or Price Analysis must be conducted by the Requesting Department. (2 C.F.R. §200.323(a)) E The degree of the analysis depends on the nature of the procurement; however, it should at least X start with an independent estimate established before receipt of responses/offers. N Price & Cost Analysis Description: � a) "Price Analysis" is the process of examining and evaluating proposed price without 00 evaluating its separate cost elements and proposed profit. Techniques include comparison of amounts from responses received,comparison of proposed prices to historical prices paid, 0 comparison with published price lists, comparison to your independent estimate. Price Analysis is the preferred method to be used by the Requesting Department. b) "Cost Analysis" is the review and evaluation of any separate cost elements and profit or fee in an respondents/offerors' proposal, as needed to determine a fair and reasonable price and the application of judgement to determine how well the proposed costs represent what the cost of the contract should be. The Requesting Department must negotiate profit as a E separate element of the price for each contract in which there is no price competition, and in all cases where cost analysis is performed. To establish a fair and reasonable profit, < consideration must be given to the complexity of the work to be performed, the risk borne Page 38 of 106 Packet Pg. 1447 G.2.g by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of part performance, and industry profit rates in the surrounding geographical area for similar work. (2 C.F.R. §200.323(b))Cost of prices based on estimated cost for contracts under the Federal award are allowable only to the extent that cost incurred or cost estimates included in the negotiated prices would be allowable for the County under Subpart E—Cost Principles of this part. The County/non-Federal entity may reference its own cost principles that comply with the Federal cost principles. (2 C.F.R. §200.323(c)) c) Cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. (2 C.F.R. §200.323(d)). b. Procurement by competitive proposals: The technique of competitive proposals is normally conducted with more than one source submitting a response/offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are 0 not appropriate for the use of sealed bids. (2 C.F.R. §200.320(d) C i. Requirements for Competitive Proposals: If Procurement by competitive proposals is used, the following requirements apply: ,0 1) The Request for Proposals (RFP)must be publicized, i.e. as per Chapter 3,Paragraph 'a A. 2. 2) identify all evaluation factors and their relative importance, i.e. evaluation/selection factors and points/percentage allocation for each factor; 3) solicit proposals from an adequate number of qualified sources (via DemandStar and if applicable to a list of qualified sources to be provided to OMB from the Requesting 0 Department); 4) the method for conducting technical evaluations of the proposal received and for L_ selecting recipients as outlined in Chapter 3,Paragraph B should be followed and when a appropriate should be outlined in the RFP; 5) The County shall award the contract to the responsible firm whose proposal is most 0 advantageous to the program/project, with price and other factors considered. i N [Federal Noteregarding architectural/engineering (A/E)professional services: the County may use Q competitive proposal procedures, i.e. Request for Qualifications (RFQs) and the Consultants Competitive Negotiation Act (CCNA), for qualifications-based procurement of A/E professional oo services whereby competitors' qualifications are evaluated and the most qualified competitor is 2 selected, subject to negotiation of fair and reasonable compensation. The method, where price is 0 not used as a selector factor,can only be used in procurement of A/E professional services. It cannot be used to purchases other types of services though A/E firms that are a potential source to perform U) the proposed effort. 2 C.F.R. §200.320(d)(5)] Informal Procurement- Over $10.000.00 up to $49.999.99 Small purchases procedures: Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies,or other property that do not cost more than the lesser of either (1) the Simplified Acquisition threshold (i.e. $50,000.00), or (2) whatever amount State (if applicable F.S. Statute requirement) or Monroe County's competitive procurement rules (i.e. $49,999.99 or less). Price and rate quotations must be obtained from an adequate number of qualified sources. The Requesting Department should to the maximum extent possible obtain 3 or more price quotes and give consideration to the amount of the purchase when obtaining rate and price quotes. When purchasing complex supplies or services, please document and include justification for the number of price quotes obtained.(NOTE: FEMA has determined that for simplified purchase procedures, an adequate number of qualified sources are considered to be three (3)). The Requesting Department should Page 39 of 106 Packet Pg. 1448 G.2.g follow the procedure as set forth in Chapter 2 F.2.and ensure that proper documentation is maintained in th regard to justify the purchase. (2 C.F.R. §200.320(b)) 2. Micro-purchases: Un to SS10.000.00 (Le. purchases below $10,000.00, See 2 CFR § 200.67) Micro- purchases are awarded based on price reasonableness. For purchases of $5,000.00 or less,the Requesting Department will maintain documentation of price reasonableness. For purchases greater than $5,000.00 price reasonableness is required and documented by the Requesting Department for procurement. [Note: Action to verify the reasonableness, includes utilizing price quotes, telephone or internet research.] The Requesting Department, to the extent practicable, should distribute micro-purchases equitably among qualified suppliers. Documentation of the purchase in the form of a RTP,when applicable, is necessary to the extent to demonstrate that it is an allowable cost for performance of the Federal award(as per 2 C.F.R. §200.403)and to keep CL record of equal distribution to qualified suppliers. 2 C.F.R. §200.320(a) a� 0 3. Noncompetitive Uronosals: [2 C.F.R. §200.320(f)] [Note: this does not apply to Micro- C, CL purchases; RESTORE ACT/ Department of Treasury has sole source section that provides more detail and should be referred to when using RESTORE ACT funds] W i. Procurement by noncompetitive proposals: Procurement through solicitation of a 0 proposal from only one source and may be used only when one or more of the following circumstances apply: 1) the item is available from a single source; (substantial duplication of services to reach other sources is justification for proceeding with sole source, but this must be sufficiently documented by the Requesting Department and provided to Purchasing Office as directed in Chapter CL 7 Exclusions A. Sole Source) E 2) the public exigency or emergency for the requirement will not permit a delay U resulting from competitive solicitation [Federal Note: Exigency" is generally defined as something 0- that is necessary in a particular situation that requires or demands immediate aid or action. By comparison, the term "emergency" means an unexpected and usually dangerous situation that calls CL from immediate action. Emergency will typically involve a threat to the public or private property or some other form of dangerous situation, whereas an exigency is not necessarily limited]. X 3) the Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the County; or N 4) after solicitation of a number of sources, a competition is determined inadequate N [Before utilizing this exception, the Requesting Department should review the solicitation and the V_ oo publicizing of the solicitation to ensure that it was not inadvertently drafted in a manner to reduce or eliminate competition, which resulted in the receipt of one or no proposals. If this is found to be the `2 case, the Requesting Department should revise the solicitation and re-publicized the solicitation in order to resolve the competitive concerns. The Requesting Department should also document justification for the noncompetitive procurement and provide to OMB/Purchasing Director]. c� D. Contracting with Small and Minority Business, Women's Business Enterprises, and Labor Surplus Area Firms As per 2 CFR 200.321,the County must take the affirmative steps below and in accordance with Chapter 9- Minority Business Enterprise (MBE), Small business & disadvantaged Business of this Policy to assure minority businesses, women's business enterprises, and labor surplus area firms are used when possible: While some of the steps below may be duplicative with those set forth in Chapter 9 of this Page 40 of 106 Packet Pg. 1449 G.2.g Policy, the Requesting Department in conjunction with the County's Budget and Finance Department shall: 1. Ensure that qualified small and minority businesses, and women's business enterprises are placed on solicitation lists. 2. Ensure that qualified small and minority businesses, and women's business enterprises are solicited whenever they are potential sources, including the list of DemandStar suppliers that are notified of competitive solicitations, the Small Business Administration's Dynamic Small Business Search website, and any additional supplier listed that may be generated. CL 0. a. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. b. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. W c. Use the services and assistance, as appropriate, of such organizations as the Small a 0 Business Administration and the Minority Business Development Agency of the Department of Commerce. d. Require the prime contractor, if subcontractors are to be let, to take the affirmative steps listed above. [Federal Note: Collectively referred to as "socioeconomic contractors" or "socioeconomic C. contracting", this requirement does not impose an obligation to set aside either the solicitation or 0 award of a contract to these types of firms; this requirement only imposes an obligation to carry out E and document the six identified affirmative steps.] L_ E. Contractual Considerations CL Contract(s) must include the provisions of 2 C.F.R. 200 and Appendix 11 to 2 C.F.R. Part 200, 0 as amended and as applicable depending upon the Federal program legislation (See Appendix II for details: N N N • Davis-Bacon Act, as amended(40 U.S.C. §§3141-3148)and Copeland"Anti-Kickback Act (40 U.S.C. § 3145) ifthe contract amount exceeds $2,000.00 [Davis-Bacon Act applies only � to Emergency Management Preparedness Grant Program, Homeland Security Grant .2 Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program; This is not applicable to the Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program Grants] • Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708) if the contract amount exceeds $100,000. It must include provision for compliance with 40 U.S.C. §§3702 and 3704, as supplemented by the Department of Labor regulations at 29 C.F.R. Part 5 (See Appendix II(E)) [Applies to FEMA contacts in excess $100,000 under grant and cooperative Page 41 of 106 Packet Pg. 1450 G.2.g agreement programs that involved the employment of mechanics and laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence] • Equal Employment Opportunity Clause (41 C.F.R. Part 60-1.4(b)) [All contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the Equal Opportunity Clause; Applies to FEMA grant and cooperative agreement programs] (See 2 C.F.R. Part 200, Appendix II(C) • Debarment and Suspension Clause (A contract award must not be made to parties listed in the governmentwide exclusions in the System for Award Management(SAM.gov) (See 2 CL C.F.R. Part 200, Appendix II(H); See also See Executive Order 12549, Executive Order a� 12689,2 C.F.R.Part 180.530 and 2 C.F.R.Part3000)[. This requirement applies to all FEMA 0 grant and cooperative agreement programs]. A"covered transaction" includes contracts for goods or services in the amount of at least $25,000; when the contract requires FEMA w approval, regardless of the amount, the contract is for federally-required audit services, a subcontract is also a covered transaction if it is awarded by the contractor of a recipient or 0 subrecipient and requires either FEMA approval or is in excess of$25,000. • Byrd Anti-Lobbying Clause on all contracts; If the contract exceeds $100,000.00, bidders ;2 must also submit an Anti-Lobbying Certification (see Attached Certification Regarding Lobbying Form). [This requirement applies to all FEMA grant and cooperative agreement a� programs.] (See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18) U • Procurement of Recovered Materials: All procurements and contracts, involving the use of 0- materials must comply with the requirement to procure only items designated in the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of E the items exceed $10,000 or the value of the quantity acquired by the preceding fiscal year �i exceeded $10,000;procuring solid waste management services in a manner that maximizes N energy and resource recovery; and establishing an affirmative program for procurement of N recovered materials identified in the EPA guidelines.(See 2 C.F.R.Part 200,Appendix II(J); V_ oo 2 C.F.R. §200.322, and Chapter 11 (Recycled Content Products) of this Policy and include the recovered/recycled materials clause.) [This requirement applies to all contracts awarded 0 under FEMA grant and cooperative agreement programs] • If the contract amount exceeds $250,000.00, it must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide 2 for sanctions and penalties (See 2 C.F.R. 200, Appendix II(A) [Applies to all FEMA grant and cooperative agreement programs) • If the contract amount exceeds $10,000.00, it must address termination for cause and for E convenience, including the manner by which it will be effected and the basis for settlement. (See 2 C.F.R. Part 200, Appendix II(B) [Applies to all FEMA grant and cooperative agreement programs] • Rights to Inventions Made Under Contract or Agreement must be included if applicable. (See 2 C.F.R. Part 200, Appendix II(F) [This applies to "funding agreements" under 37 Page 42 of 106 Packet Pg. 1451 G.2.g C.F.R. §401.2(a)but DOES NOT apply to FEMA's PA Program, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households- Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of"funding Agreement"] • If the contract or subgrant amount exceeds $150,000.00, it must include a provision that requires the contractor to agree to comply with 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 (33 U.S.C. §§ 1251-1387). Violations must be report to FEMA and the Regional Office of the Environmental Protection Agency (EPA) (See 2 C.F.R. part 200, CL Appendix II(G). • Prohibitions on certain telecommunications and video surveillance services or equipment 0 as set forth in 2 C.F.R. § 200.216 CL • Domestic preference for procurements as set forth in 2 C.F.R. § 200.322 • Other Federal Contract Requirements: • Mandatory standards and policies relating to energy efficiency which are contained in the 0 state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. § 6201). F. Construction Contract Considerations E E 0 U County Departments that handle construction projects are encouraged to use value engineering E 0 clauses in contracts for construction projects of sufficient size to offer reasonable opportunities 4- for cost reductions. The County may use a time and material type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price, i.e. lump sum/not to exceed amount that the contractor exceeds at its own risk. 0 w Time and Material contracts means that a contract whose cost to the County is the sum of i)the N N actual cost of materials; and ii) direct labor hours charged at fixed hourly rates that reflect N wages, general and administrative expenses, and profit. (Please refer to time and material T_ provisions as set forth in more detail in 2 C.F.R. §200.3180) (2 C.F.R. § 200.318(g) � 02 If the contract is for construction, is must include the Equal Opportunity Clause. For construction contracts exceeding$2,000 awarded under a Federal grant, it must include a Davis-Bacon Act Clause and Copeland Anti-Kickback Act clause addressing prevailing wage 2 rates. [Note that FEMA Public Assistance and Hazard Mitigation Grant Program contracts do NOT require these clauses.] E If the contract amount exceeds $100,000.00 and involves the employment of mechanics or laborers, it must include a Contract Work Hours and Safety Standards Clause. Bonding requirements for construction or facility improvement contracts exceeding_ $200,000.00: Page 43 of 106 Packet Pg. 1452 G.2.g The Requesting Department shall require the procurement to include 1. A bid guarantee from such bidder equivalent to five percent(5%) of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond from a surety insurer authorized to do business in Florida as a surety or any method permitted in F.S. 255.051, as amended, including but not limited to, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified in accordance with Monroe County Code Sec. 2-347(i). 2. A performance bond on the part of the contractor for 100 percent of the contract price. A �? a� "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. The performance bond shall be in accordance with F.S. 255.05 3. A payment bond on the part of the contract for 100 percent of the contractor price. A "payment bond" is one executed in connection with a contract to assure payment as required by 0 law of all persons supplying labor and material in the execution of the work provided for in the 0 contract. The payment and performance bonds shall be in accordance with F.S. 255.05, as applicable and unless waived under the provisions of F.S. 255.05(1)(d) 0 G. Capital Expenditure Federal Funds may not be expended for capital expenditures for improvements to land, buildings, or equipment which materially increase their value or useful life without prior written approval of the Federal Awarding Agency or pass-through entity. (2 C.F.R. §200.439(3) CL 0 U 1. Insurance Coverage: The County must provide equivalent insurance coverage for real E property and equipment acquired or improved with Federal funds as provided to property 4- owned by the County. (2 CFR 200.310) 2. Real Property: CL a. Title: Subjection to obligations and conditions set forth in 2 CFR 200.311, title to 0 real property acquired or improved under a Federal award will vest upon acquisition to County. N b. Use: Except as otherwise provided by Federal Statutes or by the Federal awarding N agency, real property will be used for the originally authorized purpose as long as needed for that purpose, during which time the County must not dispose of or 0 encumber its title or other interests. 2 c. Disposition: When real property is no longer needed for the originally authorized purpose, the County must obtain disposition instructions from the Federal awarding agency or pass-through entity. The instruction must provide for one of the following U) alternatives: 1) Retain title after compensating the Federal awarding agenda 2) Sell 2- the property and compensate the Federal awarding agency 3) Transfer title to the Federal awarding agency or third party designated/approved by the Federal awarding agency. 3. Equipment: a. Title: Subject to obligations and conditions set forth in 2 CFR 200.313, title to equipment acquired under a Federal award will vest upon acquisition to County. Unless a statute specifically authorizes the Federal agency to vest title in the county without further obligations to the Federal Government, the Federal agency elects to do so, the title must be a conditional title. Title must vest in the County subject to the following conditions: Page 44 of 106 Packet Pg. 1453 G.2.g I. Use of equipment for the authorized purposes of the project during the period of performance, or until the property is no longer needed for the purposes of the project. 2. Not encumber the property without approval of the Federal awarding agency or pass-through entity. 3. Use and dispose of the property in accordance with 2 CFR 200.313 (b), (c) and(e) b. Use: Equipment must be used by the County in the program or project for which it a� was acquired as long as needed, whether or not the project or program continues to be supported by Federal Award, and the County must not encumber the property without prior approval of the Federal awarding agency. When equipment is no longer needed for the original program or project, the equipment may be used in other activities in the order of priority as set forth in 2 CFR 200.313(c)(i) &(ii) 0 c. Management Requirements: Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, as a minimum meet with following requirements: 1) Property records must be maintained that include a description of 0 the property, a serial number or other identification number, the source of funding for the property (including FAIN), who hold title, the acquisition date, and cost of the property,percentage of Federal participation in the project costs for the Federal award under which the property was acquired,the location,use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 2) a physical inventory of the property must be taken and the C. results reconciled with the property records at least once every two years. 3) The 0 Requesting Department along with the Property Inventory Clerk should ensure that equipment is part of the control system to ensure adequate safeguards to prevent L_ loss, damage, or theft of the property as set forth in Chapter 12 of the Policy. Any loss, damage or theft must be investigated. 4) The Requesting Department should ensure that adequate maintenance procedure is performed to keep the property in 0 good condition. 5) The County shall follow the process as outlined in Chapter 12 i and below to ensure the highest possible return. N i. The Requesting Department shall coordinate with the Property Inventory Q Clerk to provide information as needed for their records and to maintain information and comply with the above requirements. oo d. Disposition: When the original or replacement equipment acquired under a Federal 2 award is no longer needed for the original project or program or for other activities 0 currently or previously supported by the Federal awarding agency, except as otherwise provided in Federal statutes, regulations, or Federal awarding agency U) disposition instructions, the County must request disposition instructions from the Federal awarding agency if required by the terms and conditions of the Federal award. Disposition of the equipment will be made as follows, in accordance with Federal awarding agency disposition instruction: u 1) Items of equipment with a current per unit fair market value of$5,000.00 or less may be retained, sold, or otherwise disposed of with no further obligation to the Federal awarding agency. 2) Except as provided in §200.312 Federally-owed and exempt property,paragraph (b), or if the Federal awarding agency fails to provide requested disposition instructions within 120 days, item of equipment with a current per-unit fair market value in excess of $5,000 may be retained by the County or sold. The Federal Page 45 of 106 Packet Pg. 1454 G.2.g awarding agency is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the Federal awarding agency's percentage of the participation in the cost of the original purchase. If the equipment if sold, the Federal awarding agency may permit the non-Federal entity to deduct and retain from the Federal share $500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses. 3) The County may transfer title to the property to the Federal Government or to an eligible third parry provided that, in such cases, the County must be entitled to compensation for its attributable percentage of the current fair market value of the property. 4) In cases where County fails to take appropriate actions, the Federal awarding agency may direct the County to take disposition actions. CHAPTER 15—ACCEPTANCE OF PAYMENT CARDS 0 The Monroe County Policy and Procedures for Acceptance of Payment Card establishes detailed procedures and policies which control the acceptance of payment cards. The Policy and Procedures are to be followed and is attached hereto as C.I. 0 CL 0 U E 0 L_ 4- CL E 0 X CN CN CN oo 02 CL U) c� CL E c� Page 46 of 106 Packet Pg. 1455 G.2.g ATTACHMENT A. MEMORANDUM To: Purchasing Department VIA: County Attorney's Office (for prior legal review/approval) From: Date: Subject: Request for Competitive Solicitations as Emmons CL After obtaining le_ gal approval, I have attached via email one (1) copy of the competitive solicitation CL approved by legal and the Notice of Request for Competitive Solicitations, as it will publish, containing a copy of the approved competitive solicitation (in .pdf format) and a copy of the notice, as it will publish, 0 (in Word format) for: CL M CL (Name as appears on the cover page of the Competitive Solicitation) 2 0 1. BOCC Approval Date: _ or Asst. County Administrator or County Admin. Approval: Date: (if emergency Asst. County Administrator or County Administrator must approve as per chapter 7 D. Previously Approved Projects) and Department Director Approval: Date: CL as 2. Date Received for Legal Review/Approval: E 0 0 Legal Approval Date: Reviewing Attorney E Opening Date Assigned by Purchasing: Date assigned: Date Notice Transmitted to Papers by Legal/Memo Returned to Department: g E 3. Require vendors to email a signed original of their bid (minimum required) or as specified below. a) w 4. Contact person/phone 4 for questions regarding specifications: N N CD 5. Advertising expenses are to be charged against account: 6. Notice to run 21 30 45 60 (circle one) or days prior to bid opening. oo oo 7. To add "supplemental suppliers" please email an Excel spreadsheet that lists each supplier's name, 0 company name and email address to OMB-Purchasing@monroecounty-fl.gov 0. 8. In addition to the local newspapers,please place notice in the following advertising U) newspapers. Must have Department Director approval for additional advertising. CL Enclosures: One (1) copy of approved competitive solicitation and notice emailed to omb- E purchasing@monroecounty-fl.gov and if applicable, Supplemental Suppliers Excel Spreadsheet U Revised BOCC 10/21/2020 Page 47 of 106 Packet Pg. 1456 G.2.g ATTACHMENT B.a. (Sample Form 1) NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on May 10, 2018 at 3:00 P.M. the Monroe County Purchasing Office will receive and open sealed responses for the following: KEY LARGO II ROADWAY AND DRAINAGE IMPROVEMENT PROJECT > MONROE COUNTY, FLORIDA CL CL Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at www.floridapublicnotices.com, a searchable statewide repository for all published legal notices. � Requirements for submission and the selection criteria may be requested from DemandStar at 4- www.demandstar.com OR www.monroecountv-fl. ovg /bids. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 2- 213,Key West,Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. CL 0 U E 0 L- Publication dates 4- Citizen Mon., 03/26/18 & 04/02/18 CL News Barometer E E Keys Weekly x (please note that as per F.S.336.44 publication at least once each week for 2 consecutive weeks is required for road projects. Consult with the reviewing county attorney for specific N advertising requirements. N I- 00 02 U) CU c� E c� Page 48 of 106 Packet Pg. 1457 G.2.g ATTACHMENT B.b. (Sample Form 2) NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Wednesday, November 18, 2020, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: lst STREET and BERTHA STREET ROADWAY IMPROVEMENTS PROJECT MONROE COUNTY, FLORIDA a� Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: C, www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. C Requirements for submission and the selection criteria may be requested from DemandStar 0- www.demanilstar.com OR www.monroecounty�fl. ov/bids�The Public Record is available upon request. W 0 Monroe County Purchasing Department receives bids electronically. Please do not mail or attempt to deliver in person any sealed bids.Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: O B�B S(�, nnrctecctunte e nv, no later than 3:OOP.M., on 11/18/2020. Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required E documents. Your subject line on both emails must read as follows: U 0 1st Street and Bertha Street Roadway Improvement Project 11/18/2020 4- c 0 Files that do not contain this subject line WILL BE REJECTED.Please note that the maximum file size that will be accepted by email is 25MB.Please plan accordingly to ensure that your bid is 0 not rejected due to the file size. Should your bid documents exceed 25MB, in advance of the bid X opening,please email: nmhef}urchasingm monraeca li t gov so accrtmmctdatinns fnr deliverer c14 vuur hid can be ulade prior to the bid ct eniag Please be advised that it is the bidder's sole Q responsibility to ensure delivery of their bid and waiting until the bid opening to address or I- confirm your bid submission delivery will result in your bid being rejected. T The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on .2c� November 18,2020.You may call in by phone or internet using the following: 0- Join Zoom Meeting htti)s./Imcbocc.zoom.us/i/`4509326156 Meeting ID: 4509326156 2 One tap mobile: +16465189805„4509326156#US (New York) +16699006833„4509326156#US (San Jose) acs Dial by your location: E +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) Publication Dates Citizen &Miami Herald: Sat., 10/03/2020 Keys Weekly: Thur., 10/08/2020 News Barometer: Fri., 10/09/2020 Page 49 of 106 Packet Pg. 1458 G.2.g ATTACHMENT B.I. APPROVAL TO ISSUE ADDENDUM All addenda to a request for sealed competitive solicitations must be available for viewing on Demandstar no later than five (5) days prior to the advertised opening (not counting the day of the opening)and/or in compliance with any other applicable requirements. Addenda shall clearly point out any addition or change to the specifications. A It is the responsibility of the Requesting Department Director to ensure that all addenda is reviewed and approved by legal prior to submission to Purchasing. All addenda must be accompanied by this Approval to Issue Addendum form which must be 0. executed by the reviewing County Attorney or Assistant County Attorney and the Requesting Department Director (as applicable) or their designee PRIOR to submission to Purchasing for 0- approval and execution by the Purchasing Director or designee. Addenda received by Purchasing without this form or without proper execution will be returned to the Requesting Department 0 Director. County Attorney or Assistant County Attorney Date E U 0 L- 4- Department Director(or designee) Date CL E 0 X N Purchasing Director(or designee) Date N N oo 02 c� Re: (Name as appears on the cover page of the Competitive Solicitation) Page 50 of 106 Packet Pg. 1459 G.2.g ATTACHMENT B.2. MONROE COUNTY INVENTORY DELETION REQUEST TO: , Property Clerk FROM: Finance Dept., Stop 8 DATE: M.C. Serial Asset Date Original &Est. CL I.D.Number Number Description Purchased Present Value 0 L- CL CL 0 CL 0 U CHECK ONE(1)APPROPRIATE LINE BELOW: 0 L- 4— APPROVAL TO ADVERTISE FOR BIDS. APPROVAL TO DISPOSE OF IT. APPROVAL TO REMOVE FROM INVENTORY AND DONATE TO: a x REASON FOR REQUEST: cN cN cN I- 00 PREPARED BY: DATE: . Signature CL U) c� DEPARTMENT DIRECTOR APPROVAL: Signature E c� Page 51 of 106 Packet Pg. 1460 G.2.g MONROE COUNTY COMPUTER RELATED EQUIPMENT INVENTORY DELETION REQUEST (ATTACHMENT B.3.) TO: ,Property Clerk FROM: Finance Dept., Stop 8 DATE: ? M.C. Serial Date Original &Est. I.D.Number Number Asset Description Purchased Present Value CL CL 0 CL CHECK ONE(1)APPROPRIATE LINE BELOW: 0 APPROVAL TO ADVERTISE FOR BIDS. APPROVAL TO REMOVE FROM INVENTORY AND DISPOSE OF IT. APPROVAL TO REMOVE FROM INVENTORY AND DONATE TO: REASON FOR REQUEST: CL 0 U E 0 L- PREPARED BY: CL E DATE: Signature ~~ cN cN cN I- 00 Printed Name >% 02 DEPARTMENT DIRECTOR APPROVAL E U) Signature c� Printed Name a� E INFORMATION TECHNOLORY c� APPROVAL: Signature Printed Name Rev.BOCC 7/15/2015(S-3) Page 52 of 106 Packet Pg. 1461 G.2.g MONROE COUNTY FIXED ASSET TRANSFER FORM (ATTACHMENT B.4.) TO: ,Property Manager FROM: FINALE DEPT, Stop #8 ASSET I.D. NUMBER & DESCRIPTION SERIAL NUMBER 0 0 4- LOCATION LOCATION FROM: TO: Cost Center Number: Cost Center Number: 0 CL Cost Center Name: Cost Center Name: U E 0 L- 4- a Location of Asset: g CL E 0 x cN cN cN OWNERSHIP CHANGE: YES NO I- 00 DATE: 2 0 SURRENDERING DEPARTMENT: Print name: c� RECEIVING DEPARTMENT: CL Print name: E c� Page 53 of 106 Packet Pg. 1462 G.2.g ATTACHMENT C. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PURCHASING CARD POLICY & PROCEDURES PURPOSE: To establish those procedures under which departments will control the use , of Purchase Cards assigned to and utilized by Board of County Commissioners (BOCC) A employees and BOCC appointed County representatives as approved by BOCC resolution CL for purchasing non-restricted commodities and services on behalf of the BOCC. These C procedures are intended to accomplish the following: 0 1. To ensure that the procurement with Purchasing Cards is accomplished in accordance with the policy and procedure established within this and other sections of this manual. W 2. To enhance productivity, significantly reduce paperwork, improve controls, and a overall cost associated with purchases. - 3. To ensure appropriate internal controls are established within each department procuring with Purchasing Cards so that they are used only for authorized purposes. 4. To have timely and meaningful management reports which detail and summarize periodic activity. 5. To ensure that the BOCC bears no legal liability from inappropriate use of Purchasing Cards. E 6. To provide a convenient method for purchases, consolidate payments, improve customer service, reduce transaction cost, streamline processes, and capture 0- 4- spending information. 7. Ensure prompt payment to vendors. 8. Provide hard data on purchase activity with vendors in order to achieve savings by negotiated discounts based upon the volume of business with the vendor. X 9. Specific advantages within the Purchasing Card Program itself include the various ways that limits, and restrictions can be established that allow the tailoring of N individual cards to fit the needs of the user. This will extend purchasing N responsibility to more individuals than in the current purchasing environment, 00 while maintaining or even increasing accountability. 0 The success of the BOCC Purchasing Card Program relies on the cooperation and professionalism of all personnel associated with this initiative. The most important participant is the Cardholder. The individual user is the key element in making this program successful. Finally, it is intended that the procedures established herein are viewed as minimum standards for each department,who may wish to establish additional controls beyond those E suggested by the procedures. SCOPE: This procedure will be applicable to those departments who have selected employees to use Purchasing Cards to purchase goods, services, travel and training, filing fees for cases filed by the County Attorney's office, or for specific expenditures incurred under conditions approved by these procedures, i.e., emergencies. The decision of when a Page 54 of 106 Packet Pg. 1463 G.2.g Purchasing card is issued, to whom, and the dollar limitations will be as requested by the Department Director and approved by the Budget and Finance Director and/or the Purchasing Card Program Administrator. APPLICABILITY: This procedure applies to all departments of the BOCC. BACKGROUND: A number of unique controls have been developed for this program that does not exist in a traditional credit card environment. These controls ensure that each card can be used only for specific purposes and within specific dollar limits. A In addition, certification of all purchases is required by each Cardholder, with verification performed by their immediate supervisor before payment is made to the vendor. LIMITS AND RESTRICTIONS: The following limits can be uniquely established: 0 1. Spending amount per day, billing cycle, and month. The Cardholder can only incur transactions totaling a predetermined dollar amount within any defined W period. 0 2. Number of transactions per day, billing cycle, and month. The Cardholder can only incur a predetermined number of transactions within a predefined period. 3. Single Purchase Amount. A limited dollar amount for any single transaction. Cardholders shall not split transactions to stay within their limits. CL 0 4. Merchant Category Codes (MCC). The MCC are assigned by VISA to a merchant which identifies the primary type of goods or service they provide. The 0- 4- MCC are designed to offer every combination possible and restrictions are imposed at the point of sale if the blocked merchant requests authorization for the CL transaction. E 0 X BENEFITS: There are many benefits to using the Purchasing Card including: N N 1. Board of County Commissioners Benefits: N a. Simplifies the purchasing process for the large number of low dollar T- purchases, freeing up time for large dollar purchases. � b. Significantly reduces the overall transaction processing cost per purchase. C. Increased accountability. 0- d. Provides management information electronically which is currently unavailable. c� 2. Cardholder Benefits: a. Convenience of purchasing without an intensive Requisition/Purchase Order processing system. b. Expedites the delivery of goods or services to the job site. C. Expands the list of merchants from whom purchases can be made. 3. Merchant Benefits: a. Expedites payment to the merchant within 48 hours b. Reduces merchant maintained "account"paperwork. Page 55 of 106 Packet Pg. 1464 G.2.g C. Lowers risk of nonpayment. TRAINING: All Cardholders must attend training and sign the Cardholder Agreement form confirming that he/she has been fully trained and understands and will abide by all policies and procedures prior to receiving a Purchasing Card. 1. Participating in the Purchasing Card Program is a privilege being offered by the BOCC. If the County Administrator through the Purchasing Card Program Administrator becomes aware of any inappropriate or late approval of transactions, Cardholder privileges may be cancelled. 2. It is expected that the Purchasing Card Procedures and Purchasing Card Training Manual will assist you in making this program a success. a� 1. CARDHOLDER SPENDING LIMITS 1.1. The Delegation of Authority that has been provided to each Cardholder will set the maximum dollar amount for each single transaction up to a maximum amount of 0 $4,999.99 at the Director Level and $2,499.99 for the small non-stocked products and services or for travel and training. Each time a Cardholder makes a purchase with his/her Purchasing Card, this limit will be checked, and the a� authorization request will be declined should the amount exceed the limitation. CL 1.2. Purchasing Cards issued to the Mayor and County Commissioners, County Administrator, Assistant County Administrators, Department U Directors, Purchasing Card Program Administrator, Purchasing E Agents/Buyers may be authorized for a higher maximum amount per 4- purchase. CL 1.3 Purchasing Card Program Administrator or Backup Purchasing Card 0 Administrator may establish different limits for each employee with the recommendation of the employee's Department Director and N approval by the County Administrator or Assistant County N Administrator. Assistant County Administrators or Purchasing Director may delegate authority when and where such action is deemed � necessary. 2 0 2. USE OF PURCHASING CARD c� 2.1. THE PURCHASING CARD IS TO BE USED FOR BOCC PURCHASES ONLY. CASH ADVANCES THROUGH BANK TELLERS OR AUTOMATED TELLER MACHINES ARE STRICTLY PROHIBITED. 2.2. CARDHOLDER RESPONSIBILITY — The Purchasing Card that the Cardholder receives has his/her name embossed on it and the card shall not be lent to any other person or used for expenses of any other person. 22.1. Every Cardholder is responsible for the security of their Purchasing Card. Page 56 of 106 Packet Pg. 1465 G.2.g All precautions shall be used to maintain confidentiality of the Cardholder's account number and expiration date of the Purchasing Card. 2.3. CONDITIONS FOR USE— The total of a single purchase to be paid for using the card may be comprised of multiple items but cannot exceed the authorized single invoice limitation. Purchases will be denied if any preset limits are exceeded. Payments for purchases are not to be split in order to stay within the single purchase limit. a� A 2.4. When using the Purchasing Card, Cardholders should: CL 2:4.1. Ensure that the goods or services to be purchased are allowable. 2:42. Determine if the intended purchase is within Cardholder's Purchasing Card limits. 0 2:43. Advise the supplier/merchant that the purchase will be made using the VISA Purchasing Card in advance. 244. Inform the merchant that the purchase is tax-exempt. Review the w receipt before leaving the store and if taxes were included, request a credit. 2:45. If using the Purchasing Card for travel, membership dues, conference, training or other transactions that require prior approval, make sure all appropriate forms are completed and approved prior to making the purchase. CL 2.5. When placing telephone and internet orders, Cardholders should notify the 0 merchant in advance and request that a credit be processed for the amount of the tax charged. 0- 4- 25.1. If you place a telephone or internet order and sales tax was charged, . contact the merchant and request that a credit be processed for the E amount of the tax charged. X N 252. Purchases made in Florida and for use in Florida are exempt from N Florida sales and use taxes. � 00 253. As with all BCOC purchases, the Cardholder must be diligent when dealing with the merchant regarding taxes. 0 254. Make sure the merchant understands that charges are not to be billed until the item(s) are received by the Cardholder. 255. If an item(s) is not currently in stock, and is back ordered, remind the merchant that the Purchasing Card cannot be billed until the back ordered item(s) are received by the Cardholder. E c� 25.6. To ensure prompt delivery of items ordered by telephone or by internet, provide the merchant with the appropriate County Business Address for delivery. Do not use a Personal "Ship To" address. 25.7. Instruct the merchant to send the sales receipt directly to the Cardholder and not to send an invoice to the Clerk's Office, since the merchant will Page 57 of 106 Packet Pg. 1466 G.2.g be paid by the merchant's financial institution. 25.8. Tell the supplier/merchant that any shipping or delivery fees must be included in the unit price — FOB: Destination. (A delivery point in Monroe County.) 2.6. Returns and credits for Merchandise Purchased with the Card — Cardholder is responsible for managing any returns/exchanges and ensuring that proper credit is received for returned merchandise, cancelled registrations, and postponed travel arrangements. CL 2:6.1. Contact the vendor and obtain instructions for return. C. 2:62. The Purchasing Card Administrator will review the next card statement to ensure that your account is properly credited for the return. 0 2:63. A pattern of returns and exchanges that indicate improper or inaccurate 0. initial product selection shall be reviewed and may result in loss of privileges for the card holder. w 0 2.7 The Purchasing Card may be used for travel-related expenses, small non- stocked products and services, training and other County business related expenses as follows: 2.7.1. When Cardholder must check a bag, and the airline imposes a charge, the check bag charge is allowed. CL 2.72. A 20%tip for taxi drivers is allowed. The tip should not exceed 20% and 0 should be included as part of the original transaction." U 2.7.3. Hotel internet charges necessary to conduct OFFICIAL COUNTY 0- BUSINESS while on County travel is allowed. Traveler must certify on the daily transaction log and official Florida State Travel Voucher that CL the expense was required to conduct County business. 2.7.4. Airline tickets. (If purchasing airline tickets in advance,you must submit X an advance travel voucher in addition to the Daily Purchase Report.Upon return from travel, Cardholder must complete and submit a final travel � along with supporting documentation to the Purchasing Card c14 Administrator for them to be able to close out any travel advances made.) T_ 2.7.5. Rental vehicles and related expenses e.g.,toll charges and fuel expenses � 2.7.6. Non-Ethanol fuel for Marine Boating Resources 2.7.7. Filing fees for cases filed by the County Attorney's Office(this includes 0- credit card convenience fees that may be imposed by Federal, State or Local Clerks). 2.7.8 Fees imposed by any Federal, State or Local agency for work or services performed to County-owned or operated locations including applications,permits, and credit card convenience fees. 2.7.9 Registration fees for conferences E 2.7.10 Educational course materials 2.7.11 Books, periodicals, magazines and subscriptions in paper, online or electronic format with publishers, distributors and vendors. 2.7.12 Fuel for County vehicles used to conduct business outside of the County. Page 58 of 106 Packet Pg. 1467 G.2.g 3. DOCUMENTATION. RECONCILIATION AND PAYMENT PROCEDURES 3.1. Documentation — Any time a purchase is made that will be paid using the Purchasing Card, the Cardholder is to obtain a customer copy of the receipt, which will become the accounting document. 3.2. Missing Documentation—Missing documentation may result in the cancellation of the employee's purchasing card. NO exceptions will be made. Cardholders must keep all receipts, boarding passes and any other documentation such as packing slips registration, etc. as normally required by the Clerk of the Court for payment. 0 3.3. Payment and Invoice Procedures — Purchases made by employees will be paid by the Clerk's Office once the Cardholder has verified the transaction in the finance system and the approving official's verification has been completed and W the cost center and spend category has been assigned for each transaction. 0 33.1. Receipts: The Purchasing Card receipt or vendor's sales receipt for purchases must be supplied. When purchases are conducted by telephone, you must fill out the Telephone Order Forms and request the a� vendor to forward the receipt to you. These receipts, and any Telephone Order Forms, are to be attached at the time of the P-Card Verification in the finance system. Failure to keep adequate receipts will lead to the E loss of Purchasing Card privileges. U 332. The Purchasing Card issuer, Iberia Bank/First Horizon will provide one L_ copy of the billing statement to the Program Card Administrator at the a end of the billing cycle. The Cardholder may request a copy of the CL billing statement at any time. This statement will have a listing of all 0 items processed with the billing cycle. In addition to the monthly billing statement,the Purchase Card Administrator or designee will periodically N review the Cardholder's statement using Iberia Bank/ First Horizon Q Commercial Card on-line services. oo 333. Immediately following a purchase, the Cardholder must submit the .2 charge slip to his/her department's director, via their immediate supervisor. The charge slip must be included as an attachment when verifying the P-Card transaction in the finance system. P-Card transactions must be verified within three (3) business days. Non- 2 compliance may mean denial of future use, or other disciplinary action. 0- 334. The department's director reviews the P-Card transaction received from the Cardholder and where applicable, a "Statement of Dispute", is E attached to the transaction in the finance system. Once review is completed, the department's director will approve the transaction within three (3) days after receipt of notification in the finance system. 335. Travel: The Purchasing Card Issuer will issue the "Statement" on a scheduled basis each month. It will be the responsibility of the Page 59 of 106 Packet Pg. 1468 G.2.g Cardholder to provide his/her delegated representative with the receipts for that month should travel or extended leave be scheduled at the time the statement is due and he/she will not be able to complete the statement. The delegated representative will include the travel receipts as an attachment when verifying the P-Card transactions in the finance system. 33.6. The Purchasing Card Administrator will be responsible for reviewing each P-Card transaction verification event in the finance system. Review will include checking for accuracy of uploaded attachments, verifying approval of purchases, and resolving any questions on CL purchases. C 4. TRANSACTION APPROVAL 0 4.1. Approval of the transactions that a Cardholder had made using their Purchasing Cards will not be totally defined in this procedure. W Department Directors, because of his/her knowledge of the job L- responsibilities of Cardholder, are required to look at each Cardholder's purchases, and at the merchant who made the sale in order to determine if these items were for Official Use and if they were items allowed to be purchased in accordance with the instructions provided. 4.1.1. If for any reason the Department Director questions the purchase(s), it is his/her responsibility to resolve the issue with the Cardholder. If they E cannot be satisfied that the purchase was necessary and for Official Use, U this would include an accidental or inadvertent purchase, then the 0 Cardholder must provide an immediate payment for the purchase or a Credit Voucher proving the item(s) had been returned for credit. 4.2. The County Administrator will be responsible for resolving abuses by X each Cardholder. Appropriate disciplinary action will be taken against any Cardholder who misuses their privileges of up to and including N dismissal. N N I- IV- 00 42.1. Should it be evident that an unauthorized purchase was knowingly made, >% the County Administrator will determine what action will be taken based `2 on the facts presented by the Purchasing Card Program Administrator. 5. DISPUTES/UNAUTHORIZED CHARGES c� 5.1. If a suspicious charge appears for verification in the finance system,the Cardholder should first attempt to verify the charge with records of purchase. If the Cardholder does not agree with the charge posted in the finance system, the Cardholder must notify the Purchasing Card Administrator in writing, using the"Cardholder Dispute Form". A copy of the "Cardholder Dispute Form" will be attached to the P-Card Verification Event in the finance system. The P-Card Administrator will work with the bank to research the disputed charge and make the necessary adjustments. Page 60 of 106 Packet Pg. 1469 G.2.g 5.2 Credit to Account — When the bank receives proper notification of a disputed charge,the charge amount will be removed from the total owed by BOCC and shown on the monthly Iberia Bank/First Horizon statement as a"credited" item. When the dispute is resolved, the charge will either be removed from the monthly statement (if the charge was improper) or charged to the Cardholder's department(if research shows the charge was valid). 53. If items purchased with the Purchasing Card are found defective or the repair or services faulty, the Cardholder has the responsibility to return CL item(s) to the merchant for replacement or to receive a credit on the C purchase. (Returns that require shipping will be coordinated through the Purchasing Department.) CASH REFUNDS WILL NOT BE > 0 PERMITTED. If the merchant refuses to replace or correct the faulty item, then the purchase of this item will be considered to be in DISPUTE. W 54. A disputed item must be noted on the Cardholder's Statement. In 0 addition, a "Cardholder's Statement of Disputed Item" form must be completed by the Cardholder with appropriate documentation attached, ifnecessary. This form will be forwarded with the statement through the end-of-month processing cycle for the statement. 55. It is essential that the time frames and documentation requirements established by the Purchasing Card Issuer be followed to protect the 0 Cardholder's rights in dispute. Dispute policies and procedures issued by the Purchasing Card Issuer will be provided at the time Purchasing 0- Cards are issued to Cardholder. 5.6. Fraudulent or improper items may be covered by the Liability Waiver. E However, disputed items are not considered fraudulent. x cN CN 6. REQUEST FOR INITIAL,ADDITIONAL OR CHANGES TO a cN PURCHASING CARD oo 6.1. Requests for a new Cardholder or changes to a current Cardholder will be done by submitting "Request for Purchasing Card" form. The Form 0 will be processed by the affected Department Director,who will forward the request to the Purchasing Card Program Administrator. U) c� 6.2. All requests for Purchasing Cards must be approved by the Purchasing Card Program Administrator and/or the Budget and Finance Director. 6.3. The Purchasing Card Program Administrator's name must be provided to Clerk's Accounts Payable/Receivable Department and kept current. 6.4. When Purchasing Card Program Administrator receives the Purchasing Card from the credit card issuer, they shall print on the back of the card the following statement: "SEE DRIVER'S LICENSE". Page 61 of 106 Packet Pg. 1470 G.2.g 7. CARD USAGE DURING DISASTER EVENT 7.1 During Hurricane season or other disasters,the Purchasing Card Program Administrator may increase the monthly limit for selected Cardholders. The Purchasing Card Program Administrator will update the accounts in the Bank's online program to reflect the increased spending limits. Once the emergency situation is over, the Purchasing Cards will be returned to the previously approved spending limits by updating the accounts in the Bank's online program. A 8. ANNUAL INVENTORY OF PURCHASING CARDS On an annual basis, the Purchasing Card Program Administrator will provide a list of Purchasing Cards issued to employees for each department. The Purchasing Card Program Administrator will conduct a physical inventory of Purchasing Cards and prepare a report on the results of the physical inventory. Additionally, spot check w inventories of partial or whole departments may be held at any time and without prior notification. 0 9. LOST OR STOLEN PURCHASING CARDS 9.1. Should an employee lose or have their Purchasing Card stolen, it is the responsibility of the Cardholder to immediately notify the credit card issuer, their Department Director,the Purchasing Card Program Administrator and 0 the Clerk's Accounts Payable/Receivable Department of the loss. The telephone number of the credit card issuer will be provided when the 0- Purchasing Card is issued to the Cardholder. CL 9.2. To report a lost/stolen card: E The Cardholder must call Iberia Bank/First Horizon Customer Service, at x 800-290-4782 immediately upon discovering that the card has been lost or stolen. Help is available 24 hours a day. Also call the BOCC Purchasing Q Card Administrator as early as possible on the first available business day I- during normal business hours at(305)292-4467. 00 2 9.3. Failure to promptly notify the issuing bank of the theft, loss, or 0 misplacement of the Purchasing Card could make the BOCC and/or the Cardholder responsible for any fraudulent use of the card and result in loss of privileges and/or disciplinary action for the Cardholder. 10. EMPLOYEE TERMINATION/TRANSFER 10.1 A Cardholder who terminates their employment must relinquish their E Purchasing Card at the time of the separation from BOCC to their Department Director who will forward the card to the Purchasing Card < Programs Administrator. The Purchasing Card Program Administrator will notify the bank and the Cardholder's card will be immediately deactivated. A Cardholder who fraudulently uses the Purchasing Card after separation from BOCC will be subject to legal action. Page 62 of 106 Packet Pg. 1471 G.2.g Transfer of an employee within their Department — If a Cardholder is transferred within their department, it will be the responsibility of the Department Director to determine if the Cardholder should retain his/her current Purchasing Card. If it is determined that the Purchasing Card should be kept by the Cardholder, the master file will be changed upon notification to the Purchasing Card Program Administrator, using the New Card/Change From,thereby eliminating the need for issuing a new Purchase Card. �? a� A 102: Transfer of an employee to another BOCC Department- If a Cardholder is transferred to another BOCC department, it will be the responsibility of the new Department Director to determine if the Cardholder should retain his/her current Purchasing Card. If it is determined that the 0 Purchasing Card should be kept by the Cardholder, the master file will be changed upon notification to the Purchasing Card Program Administrator, using the New Card/Change Form, thereby eliminating the need for the issuing of a new Purchasing Card. 0 103. Purchasing cards cancelled for any reason, shall be destroyed by cutting it down the center of the magnetic strip and returning both parts to the Purchasing Card Program Administrator for recording and destruction. 11. RENEWAL CARD CL 0 U 11.1. The Cardholder will be notified by the Procurement Card Administrator when E the renewal card arrives. The Cardholder may authorize the Department Reconciler L- to pick up the Procurement Card by notifying Procurement Card a Administrator. CL 12. AUDITS/REVIEWS x cN 12.1. The Card Program Administrator may randomly review Card activity usage N and receipt retention for compliance. I- 00 12.2. The Clerk's office may conduct random audits on card activity usage, receipt retention, reconciliations, and compliance, etc. 0 13. FEEDBACK U) c� Your feedback regarding this program is important. The Purchasing Card Program Administrator needs to know if you have any issues and we welcome suggestions for improvement. E c� Page 63 of 106 Packet Pg. 1472 G.2.g 14. ACCOUNTING/PURCHASING PROCEDURES AND ACCOUNTING/ TRAVEL AND TRAINING PROCEDURES These procedures must be in compliance with Monroe County's Purchasing Policy and Procedures and must be incorporated with the State of Florida Purchasing Card Guidelines, where applicable. 15. MERCHANT SIGN-UP A It is important to the success of the Purchasing Card Program that merchants interested in doing business with the BOCC via the Purchasing Card receive assistance in doing so. If merchants currently accept VISA credit cards, they are 0 already equipped to accept BOCC Purchasing Cards. A merchant who is not currently accepting VISA credit cards should contact their own financial institution or other merchant service provider. w 0 CL 0 U E 0 L- 4- CL E 0 x cN cN cN oo 02 CL U) c� CL E c� Page 64 of 106 Packet Pg. 1473 G.2.g QUICK REFERENCE l. What is a Purchasing Card? A credit card that is used as an alternative payment method for small dollar purchases, travel and training, expenditures for non-stocked products and services, and filing fees for cases filed by the County Attorney's Office or as otherwise approved for the individual Cardholder. 2. What re the advantages of using the Purchasing _Card? Improved user satisfaction due to prompt order confirmation and accelerated product receipt. Improved vendor relations by eliminating the potential for late payments, the vendor is paid within 48 hours. 0- 3. Who may have a Purchasing Card, and how do you obtain one? Any Commissioner and/or employee responsible for making purchases that is recommended by their Department Director and is approved by the ,0 Purchasing Card Program Administrator. 4. What is the responsibility of the Cardholder? Upon acceptance of the Purchasing Card, employee must sign a "Cardholder Agreement". Signing this agreement, acknowledges employee receipt of the card and acceptance of responsibility for abiding by the terms and conditions of the agreement. 0 Ensure that usage of the card conforms to procedures and that the card is used only for official business purposes. L_ 4- Cardholder will obtain and verify charge receipts after each purchase and a attach to the Daily Purchase Card Purchase Report. C. Cardholder must obtain their Department Director's approval on the Daily 0 Purchase Card Purchase Report. i Initiate and handle disputed charges. N N N 5. What is the Department Director's responsibility? Identify and recommend employees who should be issued a Purchasing ®o Card. 2 Identify and recommend limitations. 0 Ensure that the Purchasing Cards used in their department conform to BOCC policy and program guidelines as well as the Purchasing manual. U) Review and sign detailed Daily Purchase Card Purchase Report. Forward Reports with receipts to the Purchasing Card Program Administrator. 6. What is the responsibility of the Purchasing Card Program Administrator? Manage, authorize, terminate, and maintain a file of individuals authorized to conduct Purchasing Card transactions. Respond to questions concerning Purchase Card expenditures. Periodically review Cardholder's activity using Iberia Bank/First Horizon Card Management's on-line services. Page 65 of 106 Packet Pg. 1474 G.2.g 7. How are purchases made? Cardholder calls or visits vendor and places order. Cardholder provides the vendor with the Purchasing Card number and delivery instructions. 8. Does the Purchasing Card have a spending limit? imit? Individual transactions limited up to a pre-approved amount for small non- stocked products and services, for travel and training, or as otherwise approved by the Purchasing Card Program Administrator under the direction of the Budget and Finance Director and the County Administrator. CL 9. What happens if the bank statement is incorrect or an item needs to be returned? Cardholder notifies the Purchasing Card Administrator if incorrect charge is identified on the bank statement. 0 Cardholder works with the vendor to arrange for returns and credit. Purchasing Card Administrator verifies that credit appears on next bank 0- statement. 0 10. What types of purchases are allowable? The Purchasing Card is to be used for purchases of small dollar expenditures. These items can be purchased and picked up directly at the vendor or can be ordered by telephone or internet and delivered to the Cardholder. a� CL 11. What purchases are disallowed? 0 The Purchasing Card cannot exceed limitations placed on the individual card for non-stocked products and services, for travel and training or as L_ otherwise approved by the Purchasing Card Program Administrator. a Splitting of requirements —not allowed. C, Entertainment expenses E Meals—The County has an ordinance in effect with respect to meals,please X see Ordinance No. 009-2015. Restaurant commodity codes will be c� excluded, and meals are prohibited. Personal use. Cash advances or refunds, money order, or wire transfers. 00 Fuel (except for County-owned or rental vehicles while on County Business) 2 Vehicle Repairs (excluding Fleet Management or in the event of an 0 emergency while the vehicle is out of the County). Alcoholic beverages. U) Tobacco products. Non-work or personal use items and services. Services such as consultants or construction. Telephone Credit Card. Usage of card for expenses of any other person other than the Cardholder. 12. It should be noted that the Purchasing Card will be used by designated personnel to pay for issued Purchase Orders and other purchases not available to the general users. Page 66 of 106 Packet Pg. 1475 G.2.g DEFINITIONS Appointed Representative—An individual the Department Director selects to act on their behalf. Approver —A person delegated the responsibility of reviewing Cardholder transactions to ensure the appropriateness of activity and timely processing of charges (Department Director). Billing Cycle—The monthly billing period that begins the first business day of each month and ends the last business day of each month with a 15-day grace period before payment is due. Cardholder — The BOCC employee to whom a written Delegation of Authority has been CL given granting the use of the Purchasing Card to make purchases within present limits on behalf of BOCC. Cardholder Profile—Parameters that are set for a designated Cardholder that identify the 0 Cardholder, sets default accounting codes and provides restrictions or spending limitations in the Purchasing Card system. 0- Cash Advance—Prohibited on the Purchasing Card as well as personal purchases. Charge Slip/Documentation—Itemized list of individual purchases on receipt. 0 Contractor/Issuer —Iberia Bank/First Horizon. Credit— Charged amount removed from total owed by the BOCC. Cycle Limit—A maximum dollar value of charges and/or number of transactions that may be applied to a Cardholder's purchasing authority for the billing cycle. Daily Limit - A maximum dollar value of charges and/or number of transactions that may be applied to a Cardholder's purchasing authority per day. Delegation of Authority — A document issued by the Purchasing Card Program 0 Administrator that established the individual as an authorized Cardholder. The delegation of authority will specify spending and usage limitations unique to that Cardholder. L_ 4- Delivery Address — Complete address including Cardholder's name and room number a (where applicable). Designated Representative — Department Director is to review Cardholder's monthly 0 statement's receipts and transactions to ensure the appropriateness of activity and timely i processing of charges and/or credits applied to that department. N Dispute—For items purchased and found defective or faulty, the Cardholder can return the Q item to the merchant who will initiate a credit that will appear on the next month's statement IV- of account. ®0 MCC — Merchant Category Code assigned to merchant by the Credit Card Company, i.e. 2 VISA, which identifies the primary goods or services provided by the merchant. Monthly Limit— A maximum dollar value of charges and/or number of transactions that may be applied to a Cardholder's purchasing authority during a month. U) Non-stock Materials—Materials not available through supply inventory. Official Use—Necessary merchandise purchased for BOCC use. Payer- The payer will be Monroe County Board of County Commissioners, through the Finance Department, ensuring that adequate or appropriate accounting codes are assigned. Purchasing Card—A credit card that is used as an alternative payment method. Purchasing Card Programs Administrator— The individual who is responsible for the Board of County Commissioners' (BOCC)Purchasing Card Program. Reconciler—The individual who reconciles Cardholder receipts. Reconciliation—Balancing charge slips with bank statement. Services—Non-personal temporary work. Page 67 of 106 Packet Pg. 1476 G.2.g Single Purchase Limit—Each Cardholder will be limited to a preset maximum amounton any single small non-stocked product or service, for travel and training or as otherwise determined by the Purchasing Card Program Administrator. Small Purchase—An acquisition of supplies, and non-personal services in the amount of $999.99 or less and purchased without a Purchase Order. Statement—Monthly record of charges and credits. Tax Exemption— All purchases shall be exempt from state and local taxes, in accordance with state law. A 0 0 CL 0 U E 0 L_ 4- CL E 0 X cN cN cN oo 02 CL U) c� CL 4i E c� Page 68 of 106 Packet Pg. 1477 G.2.g MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PURCHASING CARD To: Purchasing Card Program Administrator From: DEPARTMENT NAME A Subject: REQUEST FOR PURCHASING CARD CL C, Request the following employee be authorized a BOCC Purchasing Card: 0 CL CL Full Name: (Type or Print) Sample Signature: 0 Title: Employee Number: _ Florida Driver's License# CL Immediate Supervisor: E U Restrictions: Single limitation: $ 0- 4- Monthly limitation: $ CL Types of products to be authorized: x N N N oo 02 COUNTYADMINISTRATOR/ PURCHASING CARD ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR (TYPE OR PRINT) (TYPE OR PRINT) CL 4i SIGNATURE OF COUNTY ADMINISTRATOR/ SIGNATURE OF PURCHASING CARD ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR E U cc: Authorized Employee Page 69 of 106 Packet Pg. 1478 G.2.g MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRAINING ACKNOWLEGEMENT CARDHOLDER AGREEMENT ? a� A I acknowledge having received Purchasing Card Training and agree to use the Purchasing Card only for actual and necessary BOCC business expenses incurred by me in accordance with the BOCC Purchasing Card Procedures. 0 I have read the Purchasing Card Training Manual and the Monroe County Purchasing Card Polices &Procedures and agree to abide by the procedures contained therein. I acknowledge that use of this card for any purpose other than BOCC approved business expenses are W prohibited and will be grounds for corrective action, up to and including termination. In addition, I agree that I must reimburse the BOCC for any such prohibited charges. - I agree to surrender the Purchasing Card immediately upon retirement, termination or upon request of an authorized representative of the BOCC. I understand that use of the Purchasing Card after privileges are withdrawn is prohibited. If the card is lost or stolen, I will immediately notify the Purchasing Card Administrator by E email at OMBPCard&monroecounty fl.gov or by phone at 305-292-4467. In addition, I U will notify the issuing bank(Iberia/First Horizon) by telephone at 1-800-290-4782. I will 0- confirm the telephone notification by email to the issuing bank and with a copy to my Department Director and the Purchasing Card Administrator. I understand that failure to promptly notify the issuing bank of the theft, lost, or misplaced Purchasing Card could make me responsible for any fraudulent use of the card. X cN cN Cardholder: CN TYPE OR PRINT NAME 00 Signature: 0 CL Date: U) Department: Phone Number: cc: Cardholder Revised BOCC 1/21/2022 Page 70 of 106 Packet Pg. 1479 G.2.g Iberia Bank/First Horizon CARDHOLDER STATEMENT OF DISPUTED ITEM Company Name: Cardholder Name: A Cardholder Account Number: CL Statement Transaction Merchant Name/Description Date Date 0 0 CL CL Amount Posting Date Reference Number 0 Select the description most appropriate to your Dispute.Submit completed form to the Purchasing Card Administrator and contact with any questions at 305-292-4467. 'L3 Select an option below a� 1. I have been billed twice for the same purchase. C, 2. I have been billed for an incorrect amount. 0 U 3. I was informed by the merchant that I would receive a credit,which has not yet posted to my account. 0- 4- 4. I paid for this purchase by other means. C, E 5. I have canceled the service related to this transaction. 0 x 6. I did not receive the merchandise/service ordered. cN cN cN 7. I have returned the merchandise and requested a credit from the merchant. oo 8. Merchandise that was shipped to me arrived damaged, defective, or different from what I ordered. U 0 CL 9. Other-The reason for my dispute is not described in the options above. U) 10. I have no knowledge of this transaction and did not conduct or permit someone else to conduct this transaction using my card. CL c� Revised BOCC 1/21/2022 Page 71 of 106 Packet Pg. 1480 G.2.g PURCHASING CARD TELEPHONE AND INTERNET ORDERS (For Internal Use Only,Retain with Receipts) Reminder:Board of County Commissioners is exempt from Florida Sales Tax. Give vendor the tax exemption number when placing order. It is the Cardholder's responsibility to obtain receipts from telephone and intemet purchases. This form,along with receipts should be attached during the P-Card Verification in the finance system. Supplier Name 0. Phone Number y 0 Date Order Placed Order called in by W Cardholder's Name Order Called to (name of ,0 supplier's representative) 0 Item# Detailed description of items/services U/I Quantity Cost per U/I Extended Cost: ordered(size,etc.) 0 0 U E 0 L- 4- CL E 0 X cN cN cN oo 02 TOTAL PURCHASE: $ 0 U) c� E c� Revised BOCC 1/21/2022 Page 72 of 106 Packet Pg. 1481 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT C1 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS POLICY & PROCEDURES FOR ACCEPTANCE OF PAYMENT CARDS n A I. BACKGROUND CL CL M Acceptance of credit and debit cards (herein referred to as payment cards) as a payment method has become universal within both the private and public sectors. Many governments now accept cards for 0 taxes, fines, user charges and fees. For a fee, a payment card processing service provider works with 0 a government entity to accept and process payment card payments. w Benefits to accepting payment cards include: 0 • Enhanced customer service and convenience. • Increased certainty of collection. • Accelerated payments and the availability of funds. • Improved audit trail. CL • Reduced cashiering costs. • Improved overall cash flow and forecasting. U • Lessened delinquencies. E • Reduced return check processing costs. • Reduced collection costs. The Payment Card Industry, also known as PCI, is made up of the major credit card companies (e.g., ' VISA, Master Card, Discover and other major card issuers). PCI has established for merchants W accepting payment cards for payment of goods and services important and stringent security C requirements to protect credit card data. These are called the PCI Data Security Standards or "PCI- cN_ DSS." These standards include controls for handling and restricting credit card information, computer 00 and internet security, and reporting of a breach of credit card information. 0 II. PURPOSE The purpose of this policy is to establish for authorized Monroe County departments business processes and procedures for accepting payment cards that will minimize the County's risk and 2- provide the greatest value, security of data, and availability of services to each county customer within the riles and regulations established by PCI and articulated in PCI-DSS.Additionally,these processes a are intended to ensure that payment card acceptance procedures are appropriately integrated with the �E County's business processes and automated systems. In response to increasing incidents of identity theft,PCI created the PCI-DSS to help prevent theft of customer data.PCI-DSS applies to all entities that accept payment cards to procure goods or services. Compliance with this standard is enforced by PCI through guidelines and self-assessment for smaller volume participants and through validated on-site inspection for larger volume participants. Page 73 of 106 Packet Pg. 1482 G.2.g Monroe County Purchasing Policy and Procedures Following PCI guidelines positions providers to effectively safeguard this data—however it is often discovered after a security breach has occurred that the company/entity breached had been deficient in at least one section of their PCI audit review. Security breaches can result in serious consequences for Monroe County, including release of confidential information, damage to reputation, the assessment of substantial fines, possible legal liability and the potential loss of the ability to accept payment card and eCommerce payments. CL III. DEFINITIONS CL Cardholder: The customer to whom a payment card has been issued or the individual authorized to use the card. CL CL Cardholder Data: All personally identifiable data about the cardholder (i.e., account number, expiration date, cardholder name.) 0 4- Cashiering Services: Monroe County department that approves all third-party service providers and coordinates the policies and procedures for accepting payment cards. Encryption: The process of converting information into an unintelligible form to anyone except holders of a specific cryptographic key. Use of encryption protects information between the encryption process and the decryption process against unauthorized disclosure. E U Merchant Department: For the purposes of the PCI-DSS and this policy, a merchant department is E defined as a Monroe County department that is authorized to accept payment cards as payment for goods and/or services provided by Monroe County. CL Merchant Department Responsible Person (MDRP): A designated employee within each Monroe County Merchant Department who has primary authority and responsibility for payment card and !�!' eCommerce transaction processing within that department. N N Payment Card: Any payment card/device that bears the logo of Discover Financial Services, 00 MasterCard Worldwide, or VISA, Inc. or other major credit card issuer. 0 Payment Card Account Change: Any change in the payment account including, but not limited to: the use of existing payment card accounts for new purposes; the alternation of business processes that involve payment card processing activities; the addition or alteration of payment systems; the addition or alternation of relationships with third-party payment card service providers, and E the addition or alternation of payment card processing technologies or channel Payment Card Industry (PCI)-Data Security Standard (DSS): A multi-faceted security standard that includes requirements for security management, policies, procedures, network architecture, software design and other critical protective measures. Page 74 of 106 Packet Pg. 1483 G.2.g Monroe County Purchasing Policy and Procedures Self-Assessment: The PCI Self-Assessment Questionnaire(SAQ) is a validation tool that is primarily used by merchants to demonstrate compliance to the PCI-DSS. Sensitive Authentication Data: Security-related information (card validation codes/values, full magnetic-stripe data, or personal identification number (PIN)) used to authenticate cardholders, appearing in plain-text or otherwise unprotected form. IV. APPLICABILITY This policy applies to all Monroe County employees, contractors, consultants or agents who, in the course of doing business on behalf of the County, accept, process, transmit, or otherwise handle cardholder information in physical or electronic format. This policy applies to all County departments and administrative areas which accept payment cards regardless of whether revenue is deposited in a County financial account. 0 4- V. ACCEPTABLE PAYMENT CARDS Monroe County Board of County Commissioners accepts VISA, MasterCard,Discover cards and has negotiated contracts for processing payment card transactions. VI. PROHIBITED PAYMENT CARD ACTIVITIES E U Monroe County prohibits certain credit card activities that include, but are not limited to: 0 L_ 4- Accepting payment cards for cash advances. CL Discounting a good or service based on the method of payment. Adding a surcharge or additional fee to payment card transactions, except for payment card X fees as allowed by F.S. 215.322 and as set forth in more detail below Using a paper imprinting machine unless specifically authorized by County management. c� No Monroe County employee, contractor or agent who obtains access to payment card or other 00 personal payment information in the course of conducting business on behalf of the County may sell, purchase, provide, share, or exchange said information in any form including but not limited to `2 imprinted sales slips, copies of imprinted sales slips, mailing lists, tapes, or other media obtained by 0- reason of a card transaction to any third party other than to the County's depository bank, Visa ' MasterCard or other credit card company, or pursuant to a government request. c� VII. PAYMENT CARD FEES Each transaction will have 2 sales slips; one slip will be for the County charge and one slip will be for the associated fee charged by the credit card company. The fees will not be recorded in Monroe 5 County's general ledger but will be sent directly to the County's merchant services provider. Page 75 of 106 Packet Pg. 1484 G.2.g Monroe County Purchasing Policy and Procedures VIII. REFUNDS When a good or service is purchased rising a payment card and a refund is necessary,the refund must be credited back to the account that was originally charged. Refunds in excess of the original sale amount or cash refunds are prohibited. The associated fee charged by the credit card company is non- refundable. There is no fee charged by the credit card company for refunds. IX. CHARGEBACKS CL CL Occasionally a customer will dispute a payment card transaction,ultimately leading to a chargeback. M In the case of a chargeback, the County department initiating the transaction is responsible for notifying the Monroe County Clerk's Finance Department and for providing appropriate supporting C"L CL documentation. X. MAINTAINING SECURITY 0 4- County departments and administrative areas accepting payment cards on behalf of the County T are subject to the PCI-DSS. The County prohibits the transmission of cardholder data or sensitive authentication data via email or unsealed envelopes through County inter-departmental mail as these are not secure. CL The County requires that all external services providers that handle payment card information be ou PCI compliant. 0- 4- The County restricts access to cardholder data to those with a business "need to know." 0. E For electronic media, cardholder data Shall nUJbe stored on servers, local hard drives, or external (removable) media including floppy discs, CDs or thumb (flash) drives unless encrypted and !�!, otherwise in full compliance with PCI DSS. N N For paper media, cardholder data shall not be stored unless approved for legitimate business 00 purposes. 0 XI. RESPONSIBILITIES Merchant Department Responsible Persons (MDRPs) are responsible for: c� Executing on behalf of the relevant County Department, Payment Card Account Acquisition 0- or Change Procedures. E Ensuring that County employees (including the MDRP), contractors and agents with access to 5 payment card data within the respective County department acknowledge in writing that they have read and understood this Policy. Ensuring that all payment card data collected by authorized County departments accepted in the course of performing County business, regardless of whether the data is stored physically or Page 76 of 106 Packet Pg. 1485 G.2.g Monroe County Purchasing Policy and Procedures electronically, is secured. Data is considered to be secured only if all of the following criteria are met: • Only those with a"need-to-know" are granted access to payment card and electronic payment data; • Email should not be used to transmit credit card or personal payment information. If it should be necessary to transmit credit card information via email only the last four digits of the credit card number can be displayed; • Credit card or personal information is never downloaded onto any portable devices or media such as USB flash drives, compact disks, laptop computers or personal digital assistants; • Fax transmissions (both sending and receiving) of credit card and electronic payment information occurs using only fax machines which are attended by those individuals who must have contact with payment card data to do their j obs; 4- • The processing and storage of personally identifiable credit card or payment information on County computers and servers is prohibited; • Only secure communication protocols and/or encrypted connections to the authorized vendor are used during the processing of payment card transactions; E U • The three or four digit validation code printed on the payment card is never stored in any 0- form; "- • The full contents of any track data from the magnetic stripe are never stored in any form, 0 x • The personal identification number (PIN) or encrypted PIN block are never stored in any form; c� • The primary account number(PAN)is rendered unreadable anywhere it is stored; T- oo • All but the last four digits of any credit card account number are masked when it is necessary to display credit card data; • All media containing payment card or personal payment data is retained no longer than a maximum of six (6)months and then destroyed or rendered unreadable; and 2 • Notifying the Monroe County Information Technology Department in the event of suspected or confirmed loss of cardholder data. Details of any suspected or confirmed breach should not be disclosed in any email correspondence. Information Technology Department shall regularly monitor and test the County network and coordinate the County's compliance with the PCI Standard's technical requirements and verify the security controls of systems authorized to process credit cards. Page 77 of 106 Packet Pg. 1486 G.2.g Monroe County Purchasing Policy and Procedures The Information Technology Director shall ensure that Monroe County maintains currency with the requirements of the PCI-DSS and related requirements to ensure that this policy remains current and shall coordinate and lead the County's response to a security breach involving cardholder data. The Monroe County Clerk's Finance Department shall coordinate with the respective County Departments authorized to accept payment cards to: Provide training to ensure that County departments are trained in accepting and processing payment cards in compliance with this policy; Work with external vendors and coordinate payment card policies, standards, and procedures; Serve as liaison between the bank and the merchant services' provider for Payment Card account acquisition or change procedures; and 0 4- Review and modify the Application for Payment Card Account Acquisition or Change as necessary. XII. RESPONDING TO A SECURITY BREACH CL In the event of an actual, possible, or suspected breach, the County department must: E U Prevent any further access to or alteration of the compromised system(s) (e.g., do not log on at 0 the machine and/or change passwords); - CL Do not switch off the compromised machine. Instead, isolate the compromised system(s) from the network by unplugging the network connection cable; x w Preserve logs and electronic evidence; N N Contact the County's Information Technology Department and the Clerk's Finance Department T- oo immediately for further direction; and 0 Log all actions taken. - XIII. APPROVAL FOR PAYMENT CARD PROCESSING OR CHANGE PROCEDURES U) c� To receive authorization to accept payment cards or change a payment card processing, the MDRP 2 must submit an Application for Accepting Payment Cards or Change Payment Card Authorization toPayment Card Authorization to the Monroe County Clerk's Finance Department. The application must be signed by the MDRP and the appropriate Assistant County Administrator. XIV. SANCTIONS The County Administrator may suspend credit card account privileges of any department or administrative unit not in compliance with this policy or that places the County at risk. Page 78 of 106 Packet Pg. 1487 G.2.g Monroe County Purchasing Policy and Procedures Any department or administrative unit engaged in payment card activities will be responsible for any financial loss due to inadequate internal controls or negligence in adhering to the PCI-DSS. XV. TRAINING Employees who are expected to be given access to cardholder data shall be required to complete upon hire, and at least annually thereafter, security awareness training focused on cardholder data security. Employees shall be required to acknowledge at least annually that they have received training, understand cardholder security requirements, and agree to comply with these requirements. The Assistant County Administrator or MDRP may require employees to attend additional training as needed. 0 CL 0 U E 0 L- 4- CL E 0 X CN CN CN oo 02 CL U) c� CL E c� Page 79 of 106 Packet Pg. 1488 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT D. FORMS: 1. Monroe County Purchasing Authorization Form 2. Monroe County Request to Purchase Form—THIS FORM IS NO LONGER USED 3. Monroe County BOCC Audit Slip—THIS FORM IS NO LONGER USED CL 4. Vendor File Request Form—THIS FORM IS NO LONGER USED 5. Contract Summary Form for Contracts Less Than $50,000.00 6. Contract Renewal Form for Contracts Less Than$50,000.00 7. Change Order Form 7.a Change Order Attachment 8. Public Entity Crime Statement 9. Sworn Statement Under Ordinance No. 010-1990 Monroe County,Florida 4-, 10. Non-Collusion Affidavit 11. Drug-free Workplace Form 12. Vendor Certification Regarding Scrutinized Companies Lists 13. Minority Owned-Business Declaration (required as per the provisions outlined in Chapter 14-Federal Funding Requirements) E 0 14. Anti-Lobbying Certification (required when the contract exceeds$100,000.00 per the provisions outlined in Chapter 14- Federal Funding Requirements) CL 0 X CN CN CN 00 CL U) CL Page 80 of 106 Packet Pg. 1489 G.2.g Monroe County Purchasing Policy and Procedures MONROE COUNTY PURCHASING AUTHORIZATION FORM— (D.1) Employee: Title: Name First Last Department: LEVEL OF PURCHASE AUTHORITY PLACE°X°IN THE BOX TO INDICATE LEVEL/TYPE OF AUTHORITY CL PURCHASING LEVELS PURCHASING AUTHORITYCL FOR TOTAL DOLLAR AMOUNT (WHO APPROVES/PAYS) AUTHORITY LEVEL $.01 -$1,000.00 Department Director or their designees. 0- Purchase Order not required. CL CL $1,000.01-$5,000.00 Department Director or their designees. Requires the Requesting Department to submit a W Requisition in the finance system to Purchasing.Price reasonableness documentation is required to be 0 maintained by the Requesting Department. $5,000.01 -$9,999.99 Department Director or their designees.Requires the Requesting Department to submit a Requisition in the finance system to Purchasing,along with documentation of price reasonableness justification 0) which can include two(2)or more price quotes,written documentation of telephone calls,emails to suppliers or u internet research. C, $10,000.00-$19,999.99 Department Director only for purchases of$10,000.00 0 c� and above.(Designee allowed for purchases up to $9,999.99 only).Requires the Requesting Department to 0- submit a Requisition in the finance system to Purchasing "- along with three(3)or more price quotes. 0 $20,000.00-$49,999.99 Requires the Requesting Department to submit a County Administrator, C, Requisition in the finance system to Purchasing along Assistant County Administrator E with three 3 or more price quotes. or Purchasing Director only x x $50,000.00 AND OVER Competitive Bid process BOCC W BOCC prior approval required.Governed by c14 County ordinance,as supplemented by the C14 Purchasing Policies and Procedures Manual. cN Authorization is for all current and future cost centers budseted for this department unless otherwise desisnated below 02 CL U) Employee Signature Initials 2 Approved By: Approved By: CL Department Director County Administrator Assistant County Administrator Purchasing Director c� PURCHASING USE ONLY: Data received&sent to Finance ( ) Purchasing Section Initials Date Revised BOCC 8/17/2022 Page 81 of 106 Packet Pg. 1490 G.2.g Monroe County Purchasing Policy and Procedures MONROE COUNTY BUDGET & FINANCE PURCHASING DEPARTMENT PH: 305-292-4453 FAX: 305-292-4515 REQUEST TO PURCHASE (D.z) To. sin De artment Date: From (Dept.)N. J Purchasing Approval: CL CL Name: By: 0 L- CL Phone/Ext: ZsAlb-, W Account: VO Shi Code to Location: nt/Pro'ect Qty. Unit Prod.# Description it Total Cost Acct. # st as CL E0 E 0- 4- r- CL E as x 04 04 CD 04 oo Total _ Items needed by: CL CD Vendor Name: Remarks/Recommendations as Administrative Instructions: E Reviewed ( ) By: Date: Purchasing Office use only: Reviewed ( ) By: Date: Revised BOCC 3/15/17 Page 82 of 106 Packet Pg. 1491 G.2.g Monroe County Purchasing Policy and Procedures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUDIT SLIP (D.3) Vendor Name Vendor Number Invoice 4 as Invoice Date as Inv i 4V t _ Fund/ (Optional) (Optional) Cost Ctr Project 4 Project Acct Amount 0 Description(Opt) Description(Opt) -4 E O 0 0 Description(Opt) 0 4- _ Description(Opt) CL x Description(Opt) .� CD Review Signature Date oo Approve to $1,000.00 Signature Date 0 CL $1,000.01 to $5,000.00 Signature Date U) $5,000.01 to $10,000.00 Signature Date CL $10,000.01 to $19,999.99 Signature Date as $20,000.00 to $49,999.99 Signature Date $50,000.00 & greater BOCC Approval Notes: Only one invoice per audit slip,please!! BOCC Depts. complete all areas. Invoice#must be the invoice number from the vendor's invoice. Description is a 25-position field for additional information. Page 83 of 106 Packet Pg. 1492 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT DA FOR FINANCE OFFICE USE ONLY MONROE COUNTY VENDOR#: c ` BOARD OF COUNTY COMMISSIONERS POSTED BY: -AIN VENDOR REQUEST FORM DATE: l VENDOR REQUEST FORM MUST BE ACCOMPANIED BY W-9 FORM COMPLETED&SIGNED BY THE VENDOR CL CL Form W-9:https://www.irs.zov/pub/irs-pdf/fw9.pdf &NO must be completed for foreign corporations-https://www.irs.gov/pub/irs-pdf/iw8.pdff qb O r ❑Change Vendor Information CL CL CL Vendor Name: l Search Name/Abbrev: O Street Address: P.O. Box: City/State/Zip: qb Phone: Email: Vendor Remittance Name and Address(if different fr a E O Vendor Name: O Street Address: P.O.Box: �40 City/State/Zip:Contact Name: Contact Phone: C. E 1099 Required? X Tax ID Number or SSN: Yes No l FAX Number: Yves,please check 1099Type: CD Email: ! A Attorneys Purpose of New Vendor: 0 M Medical/Healthcare Payments oo N Non-Employee Compensation 0 Other Income 0 R Rentals Requested By: Dept: Date: Signature of Requestor: CL Please Return the Completed Form&W-9 to the Clerk's Office via AP@monroe-clerk.com or via Courier STOP 8 as E MCCFINEDCC-IM(11.17,2019( Revised BOCC 3/18/2020 Page 84 of 106 Packet Pg. 1493 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Contract# Effective Date: Expiration Date: ? Contract Purpose/Description: 0 Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: (Name) (Ext.) (Department/Stop #) CONTRACT COSTS a� Total Dollar Value of Contract: $ Current Year Portion: $ (must be less than$50,000) (If multiyear agreement then CL requires BOCC approval,unless the E wwlc1ir11i11z16vcuInloiinw r';linkstlwuirw 0 Budgeted? Yes❑ No ❑ 0- Grant: $ County Match: $ Fund/Cost Center/Spend Category: ADDITIONAL COSTS X Estimated Ongoing Costs: $ /yr For: Not included in dollar value above c� ( ) (e.g.maintenance,utilities,janitorial,salaries,etc.) Q Insurance Required: YES ❑ NO ❑ CN oo CONTRACT REVIEW Changes 0 Date In Needed Reviewer Date In Department Head Yes❑ No❑ U) County Attorney Yes❑No❑ CL Risk Management Yes❑No❑ a� Purchasing Yes El No E c� OMB Yes❑No ❑ Comments: Revised BOCC 8/17/2022 Page 85 of 106 Packet Pg. 1494 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT RENEWAL FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Contract# Renewal Date: Expiration Date: Contract Renewal Notes: 0 FAILURE TO MEET ONE OR MORE OF THE CONDITIONS SET FORTH BELOW WILL REQUIRE APPROVAL BY THE BOCC ❑The BOCC approved agreement provided for a renewal subject to the terms and conditions set forth in in the initial contract. ,0 El The Contractor has performed in a satisfactory manner and the contract manager has verified satisfactory performance ❑ The Contractor has requested and agrees to renewal (renewal agreement should first be a� signed by Contractor) ❑ The renewal period is set forth in the BOCC approved agreement ❑ The total cumulative value, including any Consumer Price Index (CPI) increase, of the E renewal is less than $50,000.00 U The following Contract Manager has verified that the above conditions have been met. 0- Contract Manager: (Name) (Ext.) (Department/Stop #) CL Revised BOCC 7/17/19 X w cN cN cN oo 02 U) c� E c� Page 86 of 106 Packet Pg. 1495 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT D.7 MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: # INITIATION DATE: (date requested) CONTRACT DATE: (date executed) TO CONTRACTOR: 0 The Contract is changed as follows: (use underlining only— no highlighting or deletion) The original (Contract Sum) (Guaranteed Maximum Price) ...........................................$ 0 Net change by previously authorized Change Orders...................................................$ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was............$ E The (Contract Sum) (Guaranteed Maximum Price)will be (increased) (decreased) (unchanged) by this Change Order .............$ The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is .......$ > The Contract Time will be (increased) (decreased) (unchanged) by................................. #of Days The date of Substantial Completion as of the date of this Change Order is........................(new date) Detailed description of change order and justification: U E Justification here. If a time change:show original and new substantial completion dates. L- 4- Change order is 0 % of original contract price E Not valid until signed by Owner. Architect (if applicable), and Contractor N N N ARCHITECT: oo Sign & Print Name Date 02 CONTRACTOR: ps Sign & Print Name Date c� DEPARTMENT DIRECTOR: Sign & Print Name Date ; COUNTY/ASSISTANT ADMINISTRATOR: E Sign & Print Name Date Revised BOCC 3/18/2020 Page 87 of 106 Packet Pg. 1496 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT D.7a Change Order Attachment per Ordinance No. 004-1999 n A • Change Order was not included in the original contract specifications. Yes ❑ No ❑ CL CL If Yes, explanation: CL CL • Change Order was included in the original specifications. Yes ❑ No ❑ 0 If Yes, explanation of increase in price: • Change Order exceeds $50,000 or 5% of contract price (whichever is greater). Yes ❑ No ❑ CL 0 If Yes, explanation as to why it is not subject for a calling for bids: U E 0 L- 4- • Project architect approves the change order. Yes ❑ No ❑ CL E 0 If no, explanation of why: X N N N • Change Order is correcting an error or omission in design document. Yes ❑No ❑ 1- 00 Should a claim under the applicable professional liability policy be made? Yes ❑ No ❑ 2 0 Explain: U) c� E Revised BOCC 3/18/2020 Page 88 of 106 Packet Pg. 1497 G.2.g ATTACHMENT D.8 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, 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 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 business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statute, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 0 I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 0 (Signature) Date: 0 U STATE OF: E 0 L- 4- COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online X notarization, on (date) by (name of affiant). He/She is personally known to me or cN N has produced (type of identification) as identification. oo 02 NOTARY PUBLIC My Commission Expires: c� E c� Revised BOCC 6/15/2022 Page 89 of 106 Packet Pg. 1498 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT D.9 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) 0 "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officeror O employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, 0 commission, percentage, gift, or consideration paid to the former County officer oremployee." (Signature) Date: E 0 U STATE OF: E L- 4- COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on N N N (date) by (name of affiant). He/She is personally oo known to me or has produced (type of identification) as 0 identification. U) c� NOTARY PUBLIC c� My Commission Expires: Page 90 of 106 Packet Pg. 1499 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT D10 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that a. I am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; 0 b. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; CL e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this U affidavit in awarding contracts for said project. E L- 4- (Signature) CL Date: STATE OF: N N COUNTY OF: oo Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by U) (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. c� NOTARY PUBLIC My Commission Expires: Revised BOCC 3/18/2020 Page 91 of 106 Packet Pg. 1500 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT D.11 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee E assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under w. bid a copy of the statement specified in subsection (1). L_ 4. In the statement specified in subsection (1), notify the employees that, as a condition of working 0 on the commodities or contractual services that are under bid, the employee will abide by the E terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) 2! days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is Ou so convicted. E 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. N N (Signature) N V_ Date: oo 2 STATE OF: 0 COUNTY OF: U) Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. c� Notary Public My Commission Expires: Revised BOCC 3/18/2020 Page 92 of 106 Packet Pg. 1501 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT D12 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: CL Address: CL City: State: Zip: 0 Phone Number: C, CL Email Address: w Section 287.135,Florida Statutes prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company 4- is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, '5 submitting aproposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that ;5 are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. CL As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in 0 the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized o- Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County,if the company is found to have submitted a false certification or !�!, has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed CN on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the 10 Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: who is authorized to sign oo on behalf of the above referenced company. Authorized Signature: 0 Print Name: Title: Note: The List are available at the following Department of Management Services Site: http://www.dms. Apridaxom/business,,_operations/state purchasing/vendor information/convicted suspended 2M _dis,crimnatory_complantsvendor_lists c� Revised BOCC 3/18/2020 Page 93 of 106 Packet Pg. 1502 G.2.g Monroe County Purchasing Policy and Procedures FEDERAL FORMS TO BE USED WHEN FEDERAL FUNDS ARE UTILIZED OR EXPECTED TO BE UTILIZED AS SET FORTH IN CHAPTER 14 A 0 0 CL 0 U E 0 L- 4- CL E 0 x cN cN cN I- 00 02 CL U) c� CL E c� Page 94 of 106 Packet Pg. 1503 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT E.1 Monroe County Procurement Form (For all Purchasing $10,000.00 or more) Requirement(,good/services to be procured): If brand name or equal salient characteristics are: 0 CL CL 0 4- Market Research: Research Method: ❑Internet El Prior procurement files ( ) ❑Personal Knowledge of Local Trade Area( ) ElOther( ) U Potential Sources: 0 L- 4- C CL E 0 X Estimated Purchase Price: $ N N Additional Considerations: Considered Notes: Federal Surplus Property ❑ 00 Aggregates or Break Up ❑ 0 Purchase Lease vs. Purchase ❑ U) c� Planned/Expected Contract Type: ❑Fixed Price (including fixed price per unit) E ❑Cost Reimbursement plus fixed/fee/profit ❑Other: Notes: cost plus percentage-of-cost is prohibited; time and material has restrictions Page 95 of 106 Packet Pg. 1504 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT E.1 Monroe County Procurement Form (For all Purchasing $10,000.00 or more) Procurement Method: El Small Purchase Procedure ($10,000.00 Up to El Sole Source $10,000.00 or more C $49,999.99) ❑Written Solicitation of Price Noncompetitive-proposals Justification(refer to Quotes (Please include) Chapter 14/2 CFR 200.320(f): > 0 ❑Oral Solicitation of Price Quotes (attach documentation noting oral price quotes) Vendor contact information/Price quoted 0 CL 0 U Notification/Publication Plan: NIA if Micro-Purchase;Must be formally publicized if"estimated 0- Purchase Price"is in excess of$50,000. "- CL E 0 X c14 c14 c14 oo 0 CL U) CL Revised BOCC 1/22/2022 Page 96 of 106 Packet Pg. 1505 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT Monroe County Procurement Form (For all Federal Competitive Solicitations of$50,000.00 or more) Solicitation Issue Date: ? a� A Requirement(goods/services to be procured): CL CL 0 Responses/Bids/Offerors Received: CL Name Date Received/Bid opening Date Checked in - SAM/DMS/etc. as per Entity Checklist 0 Attachment E.3 CL 0 U E 0 L- 4- Selected Firm/Person/Entity/Company. Selection Rationale: The bid/Proposal was most advantageous to the County,price and other factors considered 0 because V- Price Reasonableness Assessment: oo 02 ❑Bonding Requirements are included: 5% of the bid price and Performance Bond of 100% of the contract price and Payment bond of 100% of contract price. 2 *Rationale should be Consistent with RFPs stated evaluation factors *Rational should be consistent with Written Evaluation Plan a� E c� Page 97 of 106 Packet Pg. 1506 G.2.g Monroe County Purchasing Policy and Procedures ATTACHMENT Debarred, Suspended or Ineligible Entity Checklist Entity Name: Federal/State Funding Agency: Federal/State Funding Program: CL CL Federal Excluded Parties List System (EPLS) : Yes a� SAM.gov No L State Convicted/Suspended/Discriminatory/Complaints Vendor Lists: Yes L .. dms.myflorida.com No L........... US DHHS List of Excluded Individuals and Entities (LEIS): Yes L .. Exclusions/oig.hhs.gov No Verified By: CL 0 Signature U E 0 L- 4- Printed Name CL 0 X Title, Department cN cN cN oo 02 CL U) c� CL 4i E c� Revised BOCC 1/21/2022 Page 98 of 106 Packet Pg. 1507 G.2.g Monroe County Purchasing Policy and Procedures Disaster Request for Purchase ATTACHMENT E.4 Date of Request: Requester Name: Requester Phone: Requester Email: Requesting Department: Vendor Name/Vendor Number: CL CL Incident Name: Request: 0 L_ CL CL Reason for Request--how was this caused by the incident? 0 Type of purchase: Replenish Stock New Items/Materials Insurance Claim Claim # " Repair Work Replacement due to damage (Include copy of all claim-related document Where are the items/materials/goods/services being used? CL What is the location of the repair or replacement work? U E 0 L_ 4- If repair or replacement, is this temporary or Priority: Low Routine Urgent permanent? Temporary Permanent x Order Details: N N Qty Item Description Cost per Unit Total Expense 00 02 c� Total Cost: Please attach the required three quotes on purchases $10,000 or greater. This request for purchase must be approved before submitting to BOCC for contract approval. Use this coding for the Agenda Item and Transactions: Fund/Cost Center Ledger Account Spend Category Worktag/Grant Worktag/Prof Revised BOCC 1/21/2022 FDEM Approval Needed? Yes No Page 99 of 106 Packet Pg. 1508 G.2.g MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DISASTER AUDIT SLIP ATTACHMENT E.5 Vendo Vendor Number as T) Invoice# Invoice Date Invoice Amount S CL Requester Name 4r Requester Department Incident Name CL How was this caused by the '? as L_ 0 CL CL Type of purchase: Replenish StockNew 4c2er sRepair Work Replacement due to damageWhat is the location(Address and Facility Name)of th lacement work or where the items/materials a will be used? If this is relating to a vehicle,include the Coun c D and VIN. 0 If repair or replacement,is this temporary or permanent? Temporary m ent Has an insurance claim been filed?If yes,what is the claim number? > Z. Priority: Low Routine _Urgent Disaster Tracking Number Fund/ E. Cost Ctr Account# Pro iect# Pro iect Acct# Amount (1, 0 c - $ E Description(Opt) 0 CL E - $ Description(Opt) 04 04 CD 04 Description(Opt) 0 CL U) Review Signature Date Approve to$1,000.00 Signature Date $1,000.01 to$5,000.00 Signature Date � CL $5,000.01 to$10,000.00 Signature Date $10,000.01 to$19,999.99 Signature Date a) $20,000.00 to$49,999.99 Signature Date E $50,000.00& greater BOCC Approval Notes: Only one invoice per audit slip,please!! BOCC Depts. complete all areas. Invoice#must be the invoice number from the vendor's invoice. Revised 3/18/20 Page 100 of 106 Packet Pg. 1509 G.2.g Minority Owned Business Declaration ? a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes 0 or is not a minority business enterprise, as defined in Section 288.703, Florida CL Statutes. a F.S. 288.703(3)"Minority business enterprise"means any small business concern as defined in subsection(6)(see L_ below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 4- 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group ifCL the combined total net asset value of all members of such family group exceeds $1 million.For purposes of this E subsection,the term"related immediate family group"means one or more children under 16 years of age and a U parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or L_ fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million C or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole 2 proprietorships, the $5 million net worth requirement shall include both personal and business investments. E Contractor may refer to F.S. 288.703 for more information. X Contractor Sub-Recipient: Monroe County N N N Signature Signature our Print Name: Printed Name: .2 Title: Title/ OMB Department: 0- Verified via: https://osd.dms.myflorida.com/directories c� Address: DEM Contract: 0- City/State/Zip a� E c� Date: FEMA Project Number: Page 101 of 106 Packet Pg. 1510 G.2.g APPENDIX A. 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: A 1. No Federal appropriated fiends have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal 0- contract, the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. W 2. If any fiends other than Federal appropriated fiends have been paid orwill 0 be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 0 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, 0- subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into X this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 00 The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, 0 the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, - Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. c� Signature of Contractor's Authorized Official E c� Name and Title of Contractor's Authorized Official Date Page 102 of 106 Packet Pg. 1511 DISCLOSURE OF LOBBYING ACTWITIES L Dye,cpf Federil Actiou: 2 Status of Fe&ral Acfioa; I 'Report Type: Ha col27acT. =a.bAlaffar"applica.lim ❑j" inihal b glaill b mba"amml b matena.]chaz�p, C. r. P051-aw-mi A lom For M.lferWl Chamge Omlr: e. Lom gaaramlpe,, vear quanu f Doan imvmanlce 6te!of 1215t TEP017 A 4. ',Name and Address of Rqmrbng Entity 5- If R-eputimg E m fity,im N&41 is S mba wa ardee, L_ Cl Envier Nam and kddress of Pnme!: ElR Cl -mae Elsulbawa&rle m Tied iftumn 0 L_ Cl Cl Ca'agressia"nal Distfixt,if m Camgressiomall District,if hnDwu m CL 6. FederA Departmeak/Agency: 7� Federal,Pragam.NameDescriphan: w 0 CFDA Number,if apphaNje! 8, Federal Actiam Number,if kmown,:! 9a Award Ammund,if bnowu: 10. a. 'ame amdlddresz of Labbf N F Emht y b, laidivIduals Perfarmimg S*races (inchiffing (11 bak vidu all,10 a,,l nama a,f is,s t name,,M addreis if Lffareu from.No. I 0,A) a majlle'Pint mame",Nll� CL E 0 u E 0 (nilach C',0ZAmumfic'm Sheet(F')if ne-zem"ry) L_ 4— .p 121. T m"Type of'PaNemi(lhK k ill that.i9p.17 C .0 ❑armal Elplammd F-1 a_ rambar F-1 b. aaa-dma fey ! E 12. Fartm of Paymew(c.bjmk all dial appdy). C' calmmrlhanon' x 7 a, cash d. courkgRatfH! Elb in-kin,11 Kpecif'j':! nanue! E, Aefened CN CN valme f H other,specify Q CN 14. Brief'Descriprbazi of eructs Ferfarmed iautm be peri6med ind Dlale�s)of Semke,inclludjmg off"KerfA PMP)oT*s)'-'ar member(s)caufairt.td,for PIT.MR.Mt lm&cated!bl Item 11: oo .2 0 (attach Colutnualign sha'avls)if uKassary) CL 15. Caubmuatimm Sheets)aflached!: V,er, ❑ Na El 16. kfomamtzm rKmgl.4d :Zvu4ljlm k=L's lmlbanz4d. ry Tith;110 U,S,C�.Sanium M2 Thn diirlD,mug cmlehhymg awl'=4 urn pLmrad by 6;tar akovswham ha trMlartma, H-52, Print Namal CL rapoctAd.tD Ccmgss� imd will b&rmilaHi Eyr as FAITI:laupqzdam' AMy pw-I'm W o Ekh re Ek t'h;'DqTk'&d. Title: dierl'ovun%hau.bpo6j&ct.to L ci.7il PQM3[t^d afaut to a. ,amE S 10,050 M'd M&'mas thm 11 00,01el fariacl&ux"l fan uzo Telephone No. Date: Adhonzpd for Loca:Repraductm ]Federal Uie,Only—. stm d Farm. 2-6c PAIR7 2A_ClUlN7Y Page 103 of 106 1 Packet Pg. 1512 G.2.g INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352.The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action.Attach a continuation sheet for additional information if the space on the form is inadequate.Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. > 0 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known.Check the W appropriate classification of the reporting entitythat designates if it is or expects to be a prime or subaward recipient. Identif y the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to 0 subcontracts,subgrants and contract awards under grants. L35 5. If the organization filing the report in Iterm 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,ifknown. _ 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below � agency name,if known.For example,Department of Transportation,United States Coast Guard. a 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. � 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement nurnber,the contract grant.or loan award number, 0 the application/proposal control number assigned by the Federal agency).Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount0 of the award/loan commitments for the prime entity identified in item4 or 5. 4- 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item4 to 0 influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 0 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity LLl (item 10).Indicate whether the payment has been made(actual)or will be made(planned).Check all boxes that apply.If this N is armaterial change report,enter the cumulative amount of payment made orplanned to be made. � 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature C14 and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. oo 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the � date(s)of any services rendered.Include all preparatory and related activity not just time spent in actual contact with Federal .2 officials.Identify the Federal officer(s)or ermployee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that CL were contacted. L35 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the foram,print his/her name title and telephone number. � c5 Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of CL information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project E (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90«ENDIF» 2-6d PART 2/COUNTY Page 104 of 106 Packet Pg. 1513 G.2.g Exhibit A Sample 1--Notice of Intended Decision for Construction Bids A February 14, 2013 To: All Bidders 0 Re: Notice of Intent to Award a Contract CL Watson Bridge Repair Project w 0 To Whom it May Concern: This letter will serve as notice of Monroe County's intent to award a contract to the lowest responsible bidder for the Watson Bridge Repair Project at the 2014 Board of County Commissioner's Meeting. Construction bids for the Project were received by the Monroe County 0 Purchasing Department on 2014. E 0 L_ 4- Sincerely, C. 0 X Judith S. Clarke, P.E. N Director of Engineering Services Q oo 02 U) c� E c� Page 105 of 106 Packet Pg. 1514 G.2.g Exhibit A Sample 2--Notice of Intended Decision for RFPs & RFQs To: All Respondents A Re: Notice of Intent to Negotiate a Contract CL CL Request for Competitive Solicitations for the Asphalt Pavement Evaluation and Management Services (RFP) 0 CL Or CL Notice of Intent to Negotiate a Contract Request for Competitive Solicitations for Engineering Design and Permitting Services for the 0 Card Sound Bridge Repair Project(RFQ) To Whom it May Concern: This letter will serve as notice of Monroe County's intent to grant approval for staff to negotiate a contract with the highest ranked respondent, for Engineering Design and 0 Permitting Services for the Card Sound Bridge Project at the March 20, 2013 Board of County E Commissioner's Meeting. L- Proposal responses for the Engineering Design and Permitting Services for the Card Sound Bridge Project were received by the Monroe County Purchasing Department on March 1, 2013. E x c� Sincerely, c� 00 Judith S. Clarke, P.E. Director of Engineering Services 0 U) c� c� Revised 10 212020 Page 106 of 106 Packet Pg. 1515