Loading...
Item M2 M.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 November 15, 2022 Agenda Item Number: M.2 Agenda Item Summary #11291 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner (305) 289-2805 N/A AGENDA ITEM WORDING: Approval to Advertise a Request for Qualifications (RFQ) for Vendors to Perform Removal, Refloating, and/or Demolition and Disposal of Derelict Vessels, Floating Structures, and Marine Debris Through 2026, with Provision for a Two Year Extension. ITEM BACKGROUND: Since 2008 the Monroe County Board of County Commissioners ("BOCC") has maintained contracts with multiple vendors for the removal and disposal of derelict vessels, floating structures, and marine debris. The current contracts (with Adventure Environmental, Inc., American Underwater Contractors, Arnold's Auto & Marine Repair, Inc., Coral Construction Company, Coffin Marine Services, Inc., Lower Keys Marine Towing & Salvage, Inc., and Underwater Engineering Services, Inc.) are scheduled to expire on June 30, 2023. To provide continuing service, the Monroe County Planning and Environmental Resources Department's Marine Resources Office has prepared a Request for Qualifications ("RFQ") to qualify multiple vendors for the purpose of establishing contracts in 2023 to continue through 2026, with provision to renew for an additional two-year period. A draft RFQ is attached for BOCC consideration of this request for approval to advertise. Based upon BOCC direction, the Marine Resources Office's professional staff will submit the RFQ to the Purchasing Department for public noticing. The Office's professional staff anticipates bringing an agenda item back before the BOCC in May 2023 to select qualified marine contractors based upon the results of a scoring selection committee that will review the RFQ responses. PREVIOUS RELEVANT BOCC ACTION: March and April 2008 —BOCC approval of contracts with eight(8)total marine contractors for derelict vessel, floating structure, and debris removal and disposal services for three (3)years. February 2011 —BOCC approval of amendments to contracts with eight(8) of the original thirteen (13)marine contractors to provide for an additional two-year term of service. June 2013 —BOCC approval of contracts with eight(8) marine contractors for derelict vessel, floating structure, and debris removal and disposal services for three (3)years. Packet Pg. 3188 M.2 May 2016 —BOCC approval of amendments to contracts with the eight(8) marine contractors to provide for an additional two-year term. July and August 2018 —BOCC approval of contracts with seven (7) marine contractors for derelict vessel, floating structure, and debris removal and disposal services for three (3)years. June 2021 —BOCC approval of amendments to contracts with the seven (7) marine contractors to provide for an additional two-year term. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: DRAFT DV Contractor RFQ 2023 (PM Rev.'d) FINANCIAL IMPACT: Effective Date: N/A 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: None REVIEWED BY: Michael Roberts Completed 10/20/2022 4:59 PM Emily Schemper Completed 10/28/2022 2:41 PM Packet Pg. 3189 M.2 Peter Morris Completed 10/29/2022 4:45 AM Purchasing Completed 10/29/2022 6:30 PM Budget and Finance Completed 10/30/2022 11:31 AM Brian Bradley Completed 10/31/2022 10:22 AM Lindsey Ballard Completed 10/31/2022 3:30 PM Board of County Commissioners Pending 11/15/2022 9:00 AM Packet Pg. 3190 M.2.a MONROE COUNTY REQUEST FOR QUALIFICATIONS 0 To Perform Removal, Refloating and/or Demolition and Disposal of Derelict Vessels, Floating Structures, and Marine Debris in Monroe ��nty O�G//G CY Cr COMMISSIONERS Ma fr,,, avid Rice District 4 % y � yor,� ro Craig Cates, District 1 (Michelle Coldiron, District 2 L- James Scholl, District 3 �0rHolly Merrill Raschein, District 5 0 DEADLINE FOR PROPOSALS: FEBRUARY XX, 2023 3:00 P.M. E Packet Pg. 3191 M.2.a NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on WEEKDAY, February XX, 2023, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: U Request for Qualifications to Perform Removal,Refloating and/or Demolition and Disposal of Derelict Vessels,Floating 0 Structures,and Marine Debris in Monroe County U 0 Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: E /�, uv,vw flc�r,ll a�g�l�li`.�r4r�ires.`.°c�r�z, a searchable Statewide repository for all published legal ��" s. Requirements for submission and the selection criteria may be requested from DemandStar by O at�"',www.demandstar.com OR as www.monroecountybids.com. The Public Record is available upon request. 01, Monroe County Purchasing Department receives bids electronically. Ple o not r attempt to deliver in person /PAY any sealed bids.Mailed/physically delivered bids/proposal/responses L 1j,, T be ac The Monroe County Purchasing Department hereby dire �� that bids be submit te l)Jf f email to: t11 BIDS im�uunuo cou u�t� ��!I no later than 3.00 P.M. on Feb XX 202 , Please submit �f frtiential financial `- information in a SEPARATE EMAIL from your bid and qu � ocume��,n, Your subject line both emails must U) ���,,,,,,,,, %ol�ir»,, read as follows: .2 Derelict Vessel/Floatinglh tructure/Marine D� FQ 02/xx/2023 Files that do not contain this subject line WILL B � ED. Please no tye CY maximum file size that will be accepted by email is 25MB. Please plan accordingly /en your bid is ejected due to the file size. Should 0 your bid documents exceed P MB or otherwise be re tedSor /ioable t, �� M➢J ➢ 1V �r:>in7icuuucu^�cuuutl,,,11 gca „a in advance of the bid opening, lease email' (.mi�w ul,u~�i� > nu~� .„ uv so accommodations for delivery of � your bid can be made prior to th ning. Please 'ised that the bidder's sole responsibility to ensure Cr S/111as delivery of their bid and waitin i 'i opening to a ress or con m your bid submission delivery will result in your bid being rejected. A161 The bid opening for this solicits ill b d , via virtually, internet, at 3:00 P.M., on February XX, 2023. You � may call in by phone or internet us�/ ® s F CL oin Zoo //l//lllllllll�����llllllllllllllllllllllQlllll///llI/l//// / Jm Meeting c4 httpsr��� , 04 SA 509326156 Meeting ID: 4509326156 CD 04 occmz ne tap mobile: CY 65189�5„4509326156#US (New York) 99006833„4509326156#US (San Jose) Dial by your location: � +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) 0 as E Publication Dates: U Key West Citizen: Keys Weekly: News Barometer: 2 Packet Pg. 3192 M.2.a TABLE OF CONTENTS 0 SECTION ONE: INSTRUCTION TO RESPONDENTS 0 to SECTION TWO: DRAFT CONTRACT 0 SECTION THREE: COUNTY FORMS as Rol Z SECTION FOUR: INSURANCE REQUIREMENTS .���� �1 oo �l cr fit 04 ps Al of G /ll rr04 00 000%00 �1 Fill (D J111 E 3 Packet Pg. 3193 M.2.a SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 GENERAL DESCRIPTION OF SERVICES 0 The Board of County Commissioners of Monroe County, Florida, (hereinafter "County") is seeking proposals from respondents to remove, refloat and/or demolish and dispose of derelict vessels, 0 floating structures, and marine debris from the land, shorelines, canals and waters of Monroe County. to 0 1.02 OBJECTIVE OF THE REQUEST FOR QUALIFICATIONS E ,, The Marine Resources Office of Monroe County, Florida invites fir to su�i`mit their qualifications to remove, refloat and/or demolish and dispose of derelict vess Ming structures, and marine > '4r , pii F. debris within Monroe County. The successful respondent shou e pr d to respond when called upon by a designee of the Marine Resources Office w' quate nnel, equipment, and , /r l, expertise within a designated time to remove, refloat � oy�d°emolish ', s types of derelict aD� vessels floatingstructures and miscellaneous marine ris in a professional er. The scope of llor Al 4- work may include disposal of hazardous materials ' servati� of evidence undirection of the Florida Fish & Fish and Wildlife Conservation Co ion t ) Sheriff's O ce (MCSO) or other law enforcement entity. The County seeks to establis i I i to have contractor(s) available to be called upon in all areas of the County. The County anti s having more than one Contractor available to respond quickly in each area oCY 1.03 PROJECT LOCATION The project area includes th shorelines and cam and around the Florida Keys in Cr Monroe County. County", aw T t it may n,, be ractial for a single contractor to provide tY Y a P g coverage for the entire of the P da Keys. Co actors are encouraged to provide the limitations of their ability to re"sp Coun requires Cony' `ors to provide information regarding the geographical coverage ar ° , of providing regular and continuing coverage and which co - "� the � r Ke the northern County line to Channel Two and c. i/,1 l,I„ t",lio, adjacent w, i �� ys �i�n�Channel Two to Moser Channel and adjacent waters) and Lower � I(Moser Chan beyo�0p� West and adjacent waters). County anticipates awarding N contra s � ' Itiple cont � �coveri each of the three geographical areas to provide timely and CY U- professional 1 �'' val of marin ,bris a `d derelict vessels. 1.04 SCOPE ffORK U The project consists / moval, refloating and/or demolition and disposal in an approved landfill/waste disposal ility of derelict vessels, floating structures, and marine debris, including proper reclamation and disposal of associated hazardous waste. The project includes cooperation with U- law enforcement to properly preserve evidence using photographs and other methods of preservation as directed by law enforcement. The project will be made up of individual jobs consisting of removal, demolition and disposal of a vessel, structure, or debris as requested by the County. The Contractor a will manage each job from beginning to end including the scheduling, labor, monitoring,provision of necessary equipment and progress reporting to the County designee in the Marine Resources Office. When a derelict vessel, floating structure, or debris is identified the County will contact Contractor(s) 4 Packet Pg. 3194 M.2.a throughout the Keys, or in the applicable area, and provide the details of the job included in an Invitation for Quotes from Qualified Vendors (provided by the County) and/or Derelict Vessel Removal Authorization Letter (provided by FWC or other law enforcement entity authorizing the removal and disposal); details shall include, but not be limited to the location of the job, description 0 of the job, the nature of the vessel, floating structure or debris, the length of the vessel or size of debris, whether the vessel is constructed of wood, fiberglass, concrete, metal, and if any hazardous materials are known to be aboard. The Contractor will then respond to the County in writing (via e- to mail) with a quote for the cost of the specific job, and a brief description of the job, including any specific issues regarding response time or job completion. The County will promptly choose a E Contractor, based on the lowest quote, and authorize the job b issuanc Task Order detailin the q J y i 1 , g work to be performed and the quoted cost. The Task Order will deh�ered via e-mail to the Z awarded contractor/s. At no time will any Contractor be authori undertake a job without the a express authorization of the County. It is the responsibility e actor to ensure that they process the correct derelict vessel, floating structure, or de is''° cordin °' he detailed description provided in the Invitation for Quotes from Qualified V ll 'ask Ord e /or Derelict Vessel as Removal Authorization Letter. The attached Resoluti o. 194-2021 prove (f� example of the procedures and various documentation pertaining t roc edu The Contrac ��� ensure that they properly remove and dispose of the vessel stiuc „deb totality incl ng any ground c tackle (including any and all unpermitted mooring devi 'o ) "nd debris associated with the vessel or structure that may have broken apart and become sc din the immediate vicinity. ;t CY The contractor will provide all necessary e to complete �� „J including vessels, barges, heavy equipment, flotation equipment, vehic I' all, nal prote e equipment. The contractor will provide all materials needed to accomplis the a ��" �uding necessary equipment for proper handling of hazardo terials and I///I ictly a to all precautionary, and safety Cr requirements. Larger re � � lrr jobs that elude ha rdous materials (e.g., asbestos) may require coordination the Flo Departmen f Environmental Resources (FDEP). It is the Contractor's respons i V. M be pare of, and all applicable local, state, and federal regulations in the handling ul,)" r f vessel floating structures and debris in or out of the water. � Contract are re uired a actr � ce ses require to fulfill the requirements of each job and q 11 ri; q q J N are req o include in ualifi n package copies of any and all licenses. The County J)/III o �llllCY reserves the'' to disqualify spect� `e bidders who have violations or who violate state or federal laws or regula related to dling of hazardous materials. Contractors holding the necessary license shall be MR' ible for job site at all times during the work. »111 c E 5 Packet Pg. 3195 M.2.a 1.05 PROPOSAL SUBMISSION REQUIREMENTS A. Delivery of Proposals 0 All proposals must be delivered by 3:00 PM EST on DATE TBD("Bid Opening")and in accordance with the Notice of Competitive Solicitation. to MCBOCC WILL NOT accept any proposals received after the date and time shown above, or delivered to a location or email other than OMB-BIDS@monroecounty-fl.gov. 0 E as B. Governing Laws and Regulations The Proposer/Respondent is required to be familiar and shall b risible for complying with U) all federal, state, and local laws, ordinances, rules, and regu ns any manner affect the work, RFQ, and/or the scope of services by it. Knowled ch lave hiding but not limited to occupational license requirements and obtai '�� c licenses,,, io�he responsibility of the Respondent. Requirements for Submission of Proposals in Res to F 0 i. An electronic co of the Proposal must be attache �' e-mail and sent b the deadline PY P Y stated above to the following e-mad ddress: 0MB-BIr). C� nroecount -fl. rov. ii. If any confidential financials are sub ubmit them il-TIRM a email from the rest of CY the proposal � li iii. Please DO NOT mail or attempt to mai deli on y hard copy sealed bids or as proposals. Mailed/deli bids/propos onses /�tr�ot be considered. Cr iv. The subject line o��e- �a ust read as�a flows: Derelict Vessel/ Marine Debris/ Floating Structure RFQ MM/DD/2023. A, emails that do not contain this wording in the subj ect link wiflllej ect //�G' ��lll,�l ll „ v. The maximum file siz �� 1, � �� � e-mail is 25 MB. Should your proposal docu a �1l a�,,,� 5 M ase e-m i MIS-PURL I�ASING�a)monroeco�n -fl. ov for � 04 ins bons. coy rCD vi. 1 ����,,,,als will be op publi�� a manner to avoid public disclosure of contents; only CY na �R,the Proposer � ll be rd aloud. vii. MC representat authorized to open the responses will decide when the specified time has a °j� and no ponses received thereafter will be considered. No responsibility will be attachJ an e for the premature opening of a response not properly addressed and identified. �� �j.':% U viii. Unless by P s eci invitation evaluation committee members MCBOCC elected officials � and County staff(except the Purchasing Staff Contact and the person listed to respond to questions in this RFQ) are not to be contacted prior to the MCBOCC's decision to approve or reject the recommendation presented to it by the evaluation committee. Failure to comply with this requirement may be grounds for disqualification. Specifically, this NO- CONTACT PERIOD shall commence on the initial date of posting of the Request for Proposals and continue through and include the date the MCBOCC's makes its determination to approve or reject the final recommendations. 6 Packet Pg. 3196 M.2.a ix. Proposers and any members of the public may call in via phone or internet to attend the bid opening. Information regarding the Zoom room that will be used for the bid opening is contained in the Notice of Competitive Solicitation, at the front of this RFQ. E x. A subsequent addendum will be published on DemandStar, and will cover information regarding the Selection Committee Meeting and how to attend that meeting virtually. 0 C. Inquiries: i. All questions concerning this RFQ must be submitted by no later than 3:00 PM EST on E MONTH DAY, 2023. Direct all questions via email to: Burtner- n �7MonroeCount - W , ,, FL.gov. Include the RFQ number,page, and paragraph numb r each question. Z U) ii. The only official answer to questions submitted will be pr � writing by the County and posted as an Addendum to this RFQ. No oral interp tions e made to any Respondent as to the meaning of the RFQ documen�� n //Jnquiry uest received ten 2 (10) or more days prior to the date fixed for open , o oposals may ,ven consideration. All such answers will be made riting in the form of an' nd in and, if 0 issued, shall be posted to DemandStar and tion w i be furnished b / "`andStar U) to all known prospective Respondents listed as p lde�� � to the Esta ed Response c opening date. It shall be the Respondents sole resp ity thereafter to download the addendum. Each respondent shall ,acknowledge receip uch addeda in the space provided in the response form attach"I case any Resp �9!' t fails to acknowledge CY receipt of such addenda or addendum";'i!/// se will nev s be construed as though 0 it had been received and acknowledge 11a nd ssion of, "s response will constitute acknowledgment of the receipt of same. l/ 11 en it of the Contract documents Cr and each Responden . i s bound by u 'Benda homer or not received by him. It is the responsibility ac�� �j ndent to ve y that he]fas received all addenda issued before respons opened. not request nor rely upon any verbal representations c0 ��0 mg t �RFQ's specifi i ns. �� q //////�� D. Projec� ��llrl The fo mg prole eta ould be used as a working guide for planning purposes. MC �j,C reserves the �� ' to adj- timetable as required during the course of the RFQ N prceslf� ' Event G////////�� ��I Date c RFQ Issued" tll jP/1 MONTH DAY, 2023 Deadline for sou ; questions MONTH DAY, 2023 by 3:00 PM 0 Deadline for issu of Addenda MONTH DAY, 2023 by 3:00 PM Proposals Due ' MONTH DAY, 2023 by 3:00 PM E. All submissions must remain valid for a period of one hundred and twenty (120) days from the date of the deadline for submission indicated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (1997). The Board reserves the right to reject any or all responses, to waive informalities in the responses and to re-advertise for qualifications. The Board also reserves the right to separately 7 Packet Pg. 3197 M.2.a accept or reject any item or items of a response and to award and/or negotiate a contract in the best interest of the County. F. The County reserves the right to reject any and all responses and to waive technical errors and 0 irregularities as may be deemed best for the interests of the County. Responses which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the to Instruction to Respondents, and the contract documents, may be rejected at the option of the > County. E as 1.06 DISQUALIFICATION OF RESPONDENTS F Z Failure to complete all attachments, including but not limited toy im tely below-specified forms, in every detail and submit them with your Response y" sult in t diate disqualification our Response.of Y as Ilk A. LOBBYING AND CONFLICT OF INTER LADS `»���Any person sub a proposal in response to this invitation must execute t e e l IL � ' gng and Confl , ,� Interest 2 Clause and submit it with his/her proposal Failure` �� feteo°this form in every detail and submit it with the proposal may result in immediate i�, lification of the proposal. CY B. NON-COLLUSION AFFIDAVIT: on submitti a posal in response to this invitation must execute the enclosed "P �,�SION AF ,AVIT. If it is discovered that 4- collusion exists among the Responden the � �� oof, participants in such collusion U) shall be rejected, and icipants in s llusion e considered in future bids for the Cr same work. r C. DRUG-FREE' m LAC 0 ORM: AnyrK submitting a proposal in response to this llr invitation must exec e RUG- WORKPLACE FORM and submit it with his/her �jFailu� �(aomp � rf �"y" � in every detail and submit it the proposal mayCL 11 j"' !. resu Im squa 1" ��n of the proposal. � //ono D. % r�'� C ENTITY E: An �J son submitting a proposal in response to this invitation mus� ute the encto ��� Publi "entity Crime Statement. A person or affiliate who has been placed convicted ���` dor list following a conviction for a public entity crime may not, inter alia S it a prop l on a contract to provide any goods or services to a public entity. E. VENDOR CER� %ATION REGARDING SCRUTINIZED COMPANIES LIST: Any U person submittin bid or proposal in response to this competitive solicitation must execute the enclosed VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES U_ LISTS and submit it with the bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in the immediate disqualification of the bid or proposal. E 8 Packet Pg. 3198 M.2.a 1.07 EXAMINATION OF RFQ DOCUMENTS A. Each Respondent shall carefully examine the Request for Qualifications (RFQ) and other documents, and inform himself/herself thoroughly regarding any and all conditions and 0 requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the CONTRACTOR will in no way relieve him of the obligations and responsibilities assumed under the contract. to B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the E specifications or should he be in doubt as to their meanin ,,shall at once notify the County. as 1.08 PREPARATION OF RESPONSES loll g Signature of the Respondent: The Respondent must sign se forms space provided for (D the signature. If the Respondent is an individual, the rds "doing business' or "Sole Owner" must appear beneath such signature e case°"� a partnership nature of at least one of the partners must follow the partners ip' e an words "Me �r of the Firm" should be written beneath such signature. If the Respon ��� corporation, the itle of the officer signing the Proposal on behalf of the co oration must be d along with the Corporation Seal Stamp and evidence of his authority to sip e Proposal muse„r� ubmitted. The Respondent shall state in the response the name and address o son intereste° MODIFICATION OF RESPONSE Written Modification will be accepte j�rom "' is,'� addressed as indicated in the Notice of Request fo etetive Soli ,� n an Notice prior to the Bid Opening Date Cr and time. Modific ���"S��� be submitt6, via email,o 0MB-BIDS(&monroecounty-fl.gov with the subs 'me of odification' f Proposal-_ Qualifications for Removal, Refloating a „ molit and Dispo �� Derelict Vessels, Non-Derelict Vessels, Floating Structure ����/l igns a Marine Debris in Monroe County. Faxed --,,,,, lll�i modific ��//// /e a atica f, 04 1.09 ONSIBILIf R l ;SE CD CY U. The Resp6 is solely r nsibl for all costs of preparing and submitting the response, regardless of vd �r a contrac and is made by the County. // 1.10 COPIES Off`" U FOR QUALIFICATION DOCUMENTS Jl A. Only complete s A Request for Qualification documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors orU. misinterpretations resulting from the use of incomplete sets. B. Complete sets of Request for Qualification documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. E 1.11 CONTENT OF RESPONSE The proposal package submitted in response to this Request for Qualifications (RFQ) shall be clear and concise and provide the information requested herein. Statements submitted without the required 9 Packet Pg. 3199 M.2.a information will not be considered. Proposals shall be organized and sections tabbed. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the 0 Respondent's compliance with the County's requirements. Respondent should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. to The response, at a minimum, shall include the following: E A. Cover Page � N1 A cover page that reads "Qualifications for Removal, Re fl ng r Demolition and Disposal of Derelict Vessels, Non-Derelict Vessels, Flo ti Struct'rr Off-Premises Signs oitld contain ondent's name, as and Marine Debris in Monroe County." The cover address, telephone number, and the name of the Re ndent's contact perso 1, NW �j B. Tabbed Sections f � 0 Tab 1. General Information. In order to determine rsons submitting qualifications are responsible, all responses for contra t be awarded "i� this section must contain the following information: ���/ ���/ 400 "01/ CY /D I. A list of the person's shareholders ith f � � ore of the stock or, if a general as partnership, a li e general pa°`'� ; or, i ited liability company, a list of its Cr members. A. 'Jig II. A list of � ficers a�U iirectors of t �, erson. III. The nu e ars th erson has bee rating and, if different, the number of years �' ' ds or construction services similar to those it has been p� ,n 1� ��f� ices, � re l !`the s -"°i catiofffff f CL /111 e nu yea person has operated under its present name and any prior am04 es. 04 he following, ding rs to the questions regarding claims and suits: CY a. Has the person, principals, entity, or any entity previously owned, operated or directed by any_of its officers major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? Yes or No. If yes, provide details; 0 b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? Yes or No. If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, a operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a 2 contract for services, goods or construction services similar to those requested in the specifications with private or public entities? Yes or No. If yes, provide details; iu Packet Pg. 3200 M.2.a d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners,partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? Yes or No. If yes, provide 0 details; 0 e. Whether, within the last five years, the owner, an officer, general partner, principal controlling shareholder or major creditor of the person or entity was an officer, director, > general partner, principal, controlling shareholder or major creditor of any other entity E that failed to perform services or furnish goods similar to those sought in the request for M competitive solicitation; Yes or No, If yes, provide details. U) as f. Provide customer references. a g. Provide credit references. 0 Tab 2. Respondent Resources and Perfor Res dent shall ad �� °' e following U) points, which shall be used in the Selection Comm' ' ' evon of each su/ ittal in relation 0 to the previously discussed tasks. I. Record of performance prigr experience in tea of removal of derelict vessels, floating structures and/or ma*- - ebris and profe al accomplishments including: a lrr1description of similar work c the firm, arl � ftnding accomplishments of L_ the firm and an outstandin o "� y �,� " ��is of the� �m that relate directly to this type of work(please provide a re� nce 'ited). as II. Technical, educ and training" rience d b(assigned staff and any anticipatedCr subcontracted de the prop d fun s) of subcontractors. III. Descripti vessels,�� icles, and e pment available to be used in removals. IV. Project Proj 'pp Proe a descriptt , chiding a statement that reflects a clear understanding "'��� � �„ k ased o a Scope of Work, a work plan that details the Jrr fJJJ g Y p essa � ated time frame and budget outlays to complete �ap ° ' tivitl 'iiiiijOJO rOJ ��U r Proximity o onde�f� t � Keys (or Keys subareas- upper, middle lower) and CD , bih to res o uickl �ludm : ability to evaluate jobs based on quote requests, � �, tY P � g Y J q q � � qit quotes an J rt/co 1plete the jobs. VL A `'' nal mfor on: Provide any additional pertinent information that would be help the con ° eration of your response Tab 3. County Fo: espondent shall complete and execute the forms specified below, as well as copies of all ofessional and occupational licenses: I. Certification Regarding Debarment or Suspension (Attachment A) II. Condition of Submitting Proposal (Attachment B) III. Lobbying and Conflict of Interest Clause (Attachment C) IV. Non-Collusion Affidavit(Attachment D) V. Drug Free Workplace Form (Attachment E) VI. Public Entity Crime Statement(Attachment F) VIL Scrutinized Companies List(Attachment G) VIII. Insurance Agent's Statement(Attachment H) 11 Packet Pg. 3201 M.2.a IX. Insurance and Indemnification Statement(Attachment I) Tab 4. Licenses. 0 L Professional and Occupational Licenses 11. A copy of all licenses held by the respondent, including but not limited to Captain's license, occupational license, specialty license or certificate and any other relevant to license that the respondent holds and wished the County to consider as part of the > qualifications of the respondent E III. Any license or certificate related to removal of hazardous as 1.12 RECEIPT AND OPENING OF RESPONSES �/// a Responses will be received until the designated time and w'll public111 ened and announced at I/oi,, the appointed time and place stated in the Notice of �sl for Pro% J Monroe County s as representative authorized to open the responses will d e when the s ecifie ""' � e has arrived and p p p p no responses received thereafter will be considered esponst}'lity will be att � anyone for `U) the premature opening of a response not properly a d an Jentified. Re � dents, or their authorized agents, are invited to be present. 1.13 RESPONSE EVALUATION ANW� - LECTION PR� , SS �.1/lll / CY i r ,,,. Responses will be evaluated and selected at���/,� p ,,,, ouced me �g by a Selection Committee 4- composed of the Monroe County Marine Res���j rces mi 'strator and the Monroe County P Planning & Environmental R laces Departme�` for Di � ��''(or their designees). An additional Cr person may be appointed kl '�, �nty Admini ator. The election Committee will evaluate the proposals based on the wing c a. � r��, as I. Firm provided all nece���ll, iosu orms (Ye, v0) 2. Performan and e �"'� ,nce � �� f vessel/debris removal (10 pt) 3. Exper �„ / 4. Suit e vessels, tru °' d equ' t t�perform the described duties (10 pt) 5. P ;� poach (10 p ' . ... CY 6. Proxini Respondent °he Kand response time capabilities (10 pt) 7. County s %% action with spondent s past projects in the Keys (10 pt) The Selection Comb ' wil nk the proposals in order of preference and make a recommendation to the County Comm ',�"F to execute a contract(s) with the selected Respondent(s). When the to contract(s) is signed by,� Respondent(s) and other required documentation has been provided a (Certificates of Insurance), the contract(s) will be brought before the County Commission for final approval. No binding contract is created between any Respondent and the County until a contract is approved by the County Commission. as E 12 Packet Pg. 3202 M.2.a 1.14 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for each service area and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. If 0 responses are found to be acceptable by the County, written notice will be given to the selected Respondent of the award of contract(s). 0 B. If the award of a contract is annulled, the County may award the contract to another to Respondent or the work may be re-advertised or may be performed by other qualified > personnel as the County decides. E C. A contract will be awarded to the Respondent(s) deemed to pro��ohe services which are in the best interest of the County, considering price, qualificatio s'time��°frame, and other factors Z deemed relevant. U) D. The County also reserves the right to reject the respons a ndent who has previously failed to perform properly or to complete contracts o s filar na n time. E. All responses including the recommendations o iity Ad for or his designee, as will be presented to the Board of County Com sions of Monroe Co' Florida, for final awarding or otherwise. , "U) , F. BID PROTEST: �� Any Bidder/Respondent/Proposer who claims to i1 erse`y effected by t��he decision or intended decision to award a contract shall submit in g a notice of protest which must be ��ii � received by the County Attorney's e within sevent�io (72) hours or three (3) business days, whichever is less, after the p the notice A I or intended decision on CY DemandStar or posting of the notice �; d � intended "�lesion on the Monroe County4- p g � ' Board of County Commissioners' ("B ,' C") is °ver occurs first. Additionally, a u formal written pro t be submitt writing - must be received by the County Cr Attorney's Office o � / (72) hour r thre business days prior to the BOCC's meeting date in h the a ; of contract, the BOCC will be heard. The only opportunity to address pr ,es s is ore the BOC �� the designated public meeting in which the agenda item awardii e heard accordance with the Rules of Debate as set U i � � VIUI 0 yaa,0 i i forth in � oe Cod Boa� � Commissioners Administrative Procedures, the CL Bid ai/� p l 'gir p es ��ro o at filed the protest is responsible for providing the Clerk with h' er name and I � tl)ye agenda item to award the contract being called in order CD /o„ r ce p i�l Sag erve their opp ity to �eard on this matter. An individual has three (3) minutes to CY addr �0' ie Commissi nd a,erson representing an organization has five (5) minutes to ,. �i�l rr address /0 ommissio he BOCC decision to award the contract is final and at their sole discretion -, 1�ure to t ely protest within the times and manner prescribed herein shall constitute a of e ability to protest the award of contract, unless the BOCC determines l6/rU l,, that it is in the terest of the County to excuse the protest waiver. The filing of a protest to shall not stop th elicitation negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so. 1.15 CERTIFICATES OF INSURANCE as The Contractor will be responsible for all necessary insurance coverage as indicated in Section Four. E Certificates of Insurance must be provided to Monroe County prior to approval of Contract, with Monroe County BOCC listed as additionally insured on all insurance coverage (except Workers Compensation). 13 Packet Pg. 3203 M.2.a The Contractor shall defend, indemnify, and hold harmless the County as outlined on the attached form (in Section Three). 0 0 0 E as as 2 ,01 OF Cr 11111111111111111� iii " /////lllllllllllll�lllllllllllllllllllllll0/////////////% 04 04 CD E 14 Packet Pg. 3204 M.2.a SECTION TWO: DRAFT CONTRACT (not to be submitted with Response) MONROE COUNTY CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS, FLOATING STRUCTURES AND MARINE DEBRIS to This Contract is made and entered into this day of by the MONROE > COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), apolitical subdivision of the E State of Florida, whose address is the Marathon Government Center, 27 rseas Highway, (D Marathon, Florida, 33050, and ("CONTRAC ") those address is U) Article 1.1.0 Representations and Warranties and Term tract By executing this Contract, CONTRACTOR makes th i" lowing express repro"' tions and c warranties to the COUNTY: / "°���o„� ���' `� 1.1.1 The CONTRACTOR shall maintain all necessary . permits, or other authorizations necessary to act as CONTRACTOR for the COUNT 1 the CONTRACTOR'S duties hereunder have been fully satisfied.���/� ����� iCY 1.1.2 The CONTRACTOR shall prepare all""%ated ud/// n require this Contract in such aU) manner that they will be accurate coor °���� for use in verifying work completed and associ sts and shall' confor� d comply with all applicable lawCr codes, and regulati NTRACT warrants t the documents prepared as part of this Contract wi adequa d sufficient document costs in a manner that is acceptable i for reimburse "M ��,- overn nt agencies, t�' fore eliminating any additional cost due to missing or incorrect 1.1.3 The f&agNO& assu�� ull responsibility to the extent allowed by law with regards to i o h' e formance aJ/i se di / ur er his employ. N P� 1.1.4 The TRACTOR ices all be performed as expeditiously as is consistent with profess i skill and c I Viand the orderly progress of Tasks expressly assigned by the COUNT rovidin I services pursuant to this Contract the CONTRACTOR shall abide by all "R11111111 � ma "s, rules and regulations pertaining to, or regulating the provisions of such services g those now in effect and hereinafter adopted. Any violation of said > statutes, ordinan ; rules and regulations shall constitute a material breach of this Contract and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent contractor and not an employee of the COUNTY. No statement contained in this Contract E shall be construed so as to find the CONTRACTOR or any of his/her employees, subcontractors, servants, or agents to be employees of the COUNTY. As an independent contractor the CONTRACTOR shall provide independent,professional judgment and comply 15 Packet Pg. 3205 M.2.a with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, 0 color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring,promoting, terminating, or any other area affecting employment under this Contract or with the provision of services or goods under this Contract. to 1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by E both of the parties. as 1.1.8 Term of Contract. This Contract shall commence on J 023 and terminate on June 30, 2026, unless terminated earlier under the terms of th' ont' / T he COUNTY and CONTRACTOR shall have the option to renew this on ct for o � ditional 2-year term under the same terms and conditions as this Contr, sable bye I agreement upon as written notice given at least thirty (30) days pri o the end of the initial--»,lll/rn i The services to be rendered b the CONT C � or JalApdividual Task' der shall be y , %�� ,,,�,, commenced upon written notice from the COUNT M' wdrk shall be completed in � accordance with the schedule mutually agreed to by t f LINTY and CONTRACTOR, unless modified in a signed docum �i the mutual co ' of the COUNTY and gin,, CY CONTRACTOR. Subsequent servic �� m Performed i ''� ance with schedules of performance which shall be mutually 1TeeM OUNTY CONTRACTOR. At no time shall the CONTRACTOR commell wor �r° ' r it authority from the COUNTY. "'i////// ""��� Cr C 11111111111111111 �ii/ , ''� Article 2.0 Scope of S es. The TRACTO� hall do, perform, and carry out in a professional and prop r �r the pe of Service cribed below. SCOPE OF SFKV/51GIR i i9j99999 „ Duties c 'st of retri,va llll�rr�.. val th and/or demolition and disposal of derelict vessels' lr,R °� /lr o floati res and marin ris. D may aCD lso include Removal and disposal of non CY - derelict vess" s applicable (2) T "cover, remove and/or dismantle off-premises marine signs from vessels of Ing sit ctu / and, or to remove and dispose of, or relocate and store off- premises marine s° or vesse ,,or floating structures with off-premises marine signs, as applicable. This includes proper ° ma ' and disposal of associated hazardous waste and cooperation with law enforcement where����'��''° d to properly preserve evidence using photographs and other methods to of preservation as direct, bylaw enforcement. The project will be made up of individual jobs � authorized by task order consisting of retrieval, removal, demolition and disposal of a vessel(s), floating structure(s) or marine debris located on the land or in the waters of Monroe County, or adjacent thereto, as requested by the COUNTY. The CONTRACTOR will be responsible for supervision of each job from beginning to end including the scheduling, labor, monitoring,providing necessary equipment and reporting progress to the County designee in the Marine Resources Office. E When a vessel, off-premises marine sign, derelict vessel, floating structure or marine debris is identified, the COUNTY will contact CONTRACTOR(s) in the applicable geographic area and provide the details of the job; details shall include, but not be limited to the location of the job, the 16 Packet Pg. 3206 M.2.a nature of the debris, the size of the vessel or floating structure, whether the vessel or floating structure is constructed of wood, fiberglass, concrete, metal, and whether any hazardous materials are known to be aboard. The CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the job, and the time in which the CONTRACTOR is able to respond, a description of the job and 0 the time needed to complete the job. The COUNTY will promptly choose a CONTRACTOR and assign the particular job. In the event of a tie on the low quote, the County may, (1)not accept the quotes received and issue another Invitation for Quotes, or(2) communicate with the respective to quote-responding contractors to see if any would allow a tying contractor to be awarded the job. At > no time will any CONTRACTOR be authorized to undertake a job without the express authorization E of the COUNTY, in the form of a Task Order. In the event of an emerge such as a fuel leak or hazard to navigation, the CONTRACTOR will provide a quote via e- l as on as possible, and the COUNTY may choose a CONTRACTOR the same day as the pri j uest in order to expedite the job. %/..... The CONTRACTOR will provide all necessary and adeq Bpi in t to C' ,ete the task (D including vessels, vehicles,personnel and protective e ment. The CONTRA" R will provide k_ all materials needed to accomplish the assigned job ding nee" ssary equipme ," oper 0 handling of hazardous materials and will strictly acre 1 pre �' Ionary and safe r i equirements. �� CONTRACTOR shall be responsible for the job site at all ,/ 'ring"the work. CONTRACTOR is required to have active' es required to the requirements of each particular job. !! ///�/// „/i CY k, � O/O//////0O//�i 1� . The CONTRACTOR is required to be familiar th a ' re onsible for complying with all federal state and local laws nces rules a�lpgulation in any manner affect the work Cr and the marine environme � CTOR agr���s to imme ately abide by the orders to stand down or stop work if a� d to do a'�y any coon //p state or federal agency. If required to stand down by any state ore �� ency, CONTRA C hall notify the COUNTY as soon as possible. It is the CONTRA, °° bility to�isure that he removes the correct vessel, floating structu � ine de Prior to ork on the flo � �, �� ru tore or marine debris, the CONTRACTOR shall take j wwCD repres hotographs i ing th� erior(capturing any unique or identifying features such CY as registrati� tubers or na � nd inrrior(if applicable) at the initial site. Representative photographs sh�� taken duri the removal and again at the dump site prior to demolition. The lrr ' CONTRACTOR 0000ii S�'� knot be r fired to take interior photos of the vessel if, in the best judgment of the CONTRACTOR;'///// )1 note to do so. Photographs should be properly dated, indicate the name of the person taking the����°," graphs and a complete set of the photographs shall be provided to the U COUNTY with invoicin hotographs are considered to be an integral part of the work. CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will E constitute cause for immediate termination of the contract. 17 Packet Pg. 3207 M.2.a 2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR. 0 2.2 Notice Requirement. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this Contract shall be in writing and hand delivered or mailed,postage pre-paid, to the COUNTY by to certified mail, return receipt requested, to the following: > 0 E To the COUNTY: Monroe County Board of County Commissioners as iaoon,,. Marine Resources Office Attn: Senior Administrator- Marine Resour as / � (' 2798 Overseas Highway, Suite 410 �� Marathon, FL 33050 ��� g For the CONTRACTOR: Name, President �� Company Name / � 100 0U) Mailing address 2 However, if COUNTY requests a price quotation(s) from the" TRACTOR the request and t response thereto may be accomplished by nic mail ( e-m�����Selection of the CONTRACTOR by the COUNTY and the t i a individual S U "be accomplished by e- CY mail notification with a Task Order�author ng � to be co feted, and (2) signed by the 4- COUNTY prior to the commencement of the w k Cr ioo Furthermore a Notice of may be acc phshed b , e-mail, but shall be immediately formalized in writing b parry s�°��'ng to termin�6 and sent to the other party by certified mail, Y return receipt request Article 3.0 Co sponsr 111 esCL 04 00/1 3.1 T OUNTY sh ' vide 1* fo nation regarding requirements for the fulfillment of authors -1 k Order(s) iss I o the .'TRACTOR, with the understanding that the site h. conditions ti, ch such info ion p 'ain or relate may be subject to change. l r � 3.2 The CO shall de ate a representative to act on its behalf with respect to said issued Task Order(s). 0 'e� 3.3 Approve a sched for the completion of individual Task Order(s) mutually-agreeable to both the CONTRACTOR and the COUNTY. U_ 3.4 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the work performed or non- conformance with this Contract. Written notice shall be deemed to have been duly served if sent E pursuant to Paragraph 2.3. 3.5 The COUNTY's review of any documents prepared by the CONTRACTOR shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's 18 Packet Pg. 3208 M.2.a criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. Article 4.0 Authorization of Work Assignments, Subcontractors 4.1 All assignments of work shall be authorized in a signed Task Order in accordance with the COUNTY'S policy prior to any work being conducted by the CONTRACTOR. to 4.2 Additional authorizations may contain additional instructions or provisions specific to the E authorized work for the purpose of clarifying certain aspects of the wor �e undertaken. Such supplemental instruction or provisions shall not be construed as a mo cation°of this Contract. Authorizations shall be dated numbered and clearly relate to the s f� 'ob assignment so that they U) iU can easily be related to the specific assignment. Where avail �e an(- n( zation shall refer to the name of the vessel, and its location. ���/ /,,, 4.3 The CONTRACTOR shall not assign, or trans o n rights under or in' „ in (including, but g y g ,�� M g 0 not without limitations, moneys that may become d oneys at are due) this' °fit without U) ty p f y �n the written consent of the County, except to the extent as�' ent, sublettin h or transfer is 0 mandated by law or the effect of this limitation may be res � y la's . Unless specifically stated to %, 2 the contrary in any written consent to any assignment no ass gent will release or discharge the assignor from any duty or responsibility un is Contract. C ;�I CTOR may subcontract a particular Task Order or portion of a Task 0� � with the spe consent of the COUNTY S representative. If subcontractors e a it is the re risibility of CONTRACTOR to inform the subcontractors that they must ca �the s "' t Insurance as the CONTRACTOR. The CONNO OR shall pro ' �e C�� with proof proof of coverage before Cr C as allowing a Subcontractorrk on the jo , Article 5.0 Indemnif fcaMM01140nd H Harmless ��1 51 The CO TOR coM �nts a �' �' ��� hold harmless the COUNTY/Monroe County CL CL and Monro my f Coy ommissioners and its officers and employees from liabilities N damages 5ses, and cos � udin otimited to all fines suits claims demands actions 04 costs ns, and attorn �� fees, o� I ility of any kind (1) arising out of, related to, or in CY connection �'f he negligent .��'ckles ess, or intentional wrongful conduct of the CONTRACT M, bcontracto and other persons employed or utilized by the CONTRACTOR in the performance ��` 'CON I' CT, or(2) arising out of, related to, or in connection with the willful non-performance of ON CTOR. The CONTRACTOR shall be solely responsible and answerable for any and cidents or injuries to persons or property arising out of its performance of the Contract, includin �� to ose of any subcontractors. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and E specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 19 Packet Pg. 3209 M.2.a 5.3 In the event completion of the work assigned (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any deficiencies 0 or ambiguity in the plans and specifications provided by the COUNTY or CONTRACTOR, the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on to the COUNTY's behalf. 0 E 5.4 The CONTRACTOR agrees that no charges or claims for dama �I all be made by it for any as delays or hindrances attributable to the COUNTY, for whatever caus ring' e progress of any Z P onion of the services sP ecified in this Contract. The CONTRAC rees that it shall not be U) as entitled to damages for delay 5.5 The CONTRACTOR shall be responsible for the � ss and a�71,1114' ' cy of its work,plan as supporting data, and other documents prepared or com d under its obligation'°^. � its project and shall correct at its expense all significant errors or o Ins the which may b ;,�ed. The U, cost of the work necessary to correct those errors , rib "� to t TRACT any damage r- incurred by the COUNTY as a result of additional costs cap �, , such errors shall e chargeable to the CONTRACTOR. /I , / �� CY 5.6 The extent of liability is m no way li � educed or le' y the insurance requirements contained elsewhere in this Con act. llllllR °b 5.7 This indemnification urvive the ex nor earmmation of the Contract. aCr s Article 6.0 Compens/ 61 Payments. The c n fable to�e CONTRACTOR under this Contract shall Y f,� liar be determined UNT `���° he �� quotations received from approved , , CL CONTRAC� MINI' cessi f the individual job(s). The CONTRACTOR is responsible for � evaluati e request for ' wal ari° �' oding in writing with a quotation for the Job, a descri the job the a t of ti which the CONTRACTOR can begin the particular job, CY and the tim ssary to com , f'e that articular job. 6.2 For its ass on and formances of the duties, obligations, and responsibilities set forth herein, the CONT R �`l be paid in accordance with assigned Tasks and completion of Tasks based on submi "Voices. All invoices must meet NRCS standards and requirements. to > (A)If the CONTRACTOR's duties, obligations, and responsibilities are materially changed by amendment to this Contract after execution of this Contract, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; as (B) As a condition precedent for any payment due under this Contract, the CONTRACTOR shall E timely submit proper invoices for services and work properly rendered and reimbursable expenses due hereunder. The CONTRACTOR's invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at which the 20 Packet Pg. 3210 M.2.a COUNTY may require. 6.3 It shall be the CONTRACTOR's responsibility to pay any and all disposal fees at a transfer station(s) or other licensed disposal facility or recycling center. In addition to the foregoing invoice 0 requirements, the CONTRACTOR is required to provide the COUNTY with a disposal receipt along with any invoice(s) for associated or otherwise related specified work. to 6.4 The billing rates of the CONTRACTOR for a particular job shall be determined and mutually > agreed upon in writing, by and between the CONTRACTOR and the COUNTY, in a written Task E Order prior to COUNTY authorization for the CONTRACTOR to com the work. (D 6.5 Payment Sum. The COUNTY shall pay the CONTRACT urrent funds for the as CONTRACTOR's performance of such work 6.6 Local Government Prompt Payment Act. Pay ��( °'e made a"� i2mg to the Local as Government Prompt Payment Act. Any request for pay nt must be in a forme ctory to the Monroe County Clerk of Court. Acceptability to the,/ "' is base rron generally a i��'ll 'accounting U) principles and such laws, rules, and regulations as may n th 1 ,rk's disbursal/ unds. The request must describe in detail the services performed the`" t amount requested and supporting documentation, including copies of receipts from the transfer` fin. �L__ l�lll r�, �l rt CY 6.7 Reimbursable Expenses. Expenses reimbursab , , �m non-County federal and/or state government agencies, incurred b a in� �e interest of the work include 0 the following expenses: � ff ° � Cr (A)Reimbursable ex transpo Ition (exclu� mg airfare), lodging, meals and incidentals are i �led in h ° y rates shoAll approved by the COUNTY and P CONTRACT �� ch dis 'tely identifie J� p"giJ tion. (B)Cost at Of ng ma % dms f fJjer materials used in performing the scope of sere r � � l////�JJ////// ��G//G% e and handlin eports. ��%WA //(C CY (D)All oth enses are n reimbursable. 6.8 Budget. The' % T TOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fe ��'���"xpenses in excess of the amount budgeted for this Contract in each fiscal year (October 1 - ember 30)by the COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. The COUNTY's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of Contract initiation, and its duration, and its duration and approval of NRCS and receipt of funds by NRCS. E 21 Packet Pg. 3211 M.2.a Article 7.1.0 Insurance 7.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Contract is in effect. In the event the completion of authorized work is delayed or 0 suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. to 7.1.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate E this Contract. (D qs 7.1.3 The County, at its sole option, has the right to request ace I opy of any or all insurance policies required by this Contract. /�, as 7.1.4 Delays in the commencement of work, resulting fr �f ilure oft NTRACTOR to provide satisfactory evidence of the insurance required der this Contract, shad ��',� extend deadlines specified in this Contract, and any penalties and fail erforriip ssessments s�(' . iposed as if f the work commenced on the specified date and time. � � ��j,,,, , 2 7.1.5 The acceptance and/or approval of the CONTRACT �nsurance shall not be construed as relieving the CONTRACTOR from any lia or obligation as d under this contract or imposed by law. CY///// 0 ��'" ° ll named as Additional Insured a 7.1.6 The Monroe County Board of County �nmis �� o U) on the CONTRACTOR's Co ial General U ' Ily and ess Automobile Liability insurance Cr policies issued to satisfy t � � 's requiremeui��i s, except t' Workers' Compensation. �J J/ P ,i 7.1.7 All insurance o i��,,� ust s lfy that they �, �t subject to cancellation, non-renewal, material change or reductil � o ��, ess a mi J,�um of thirty (30) days prior notification is given to the �00/ 011 o �/ a insu t �` 7.2.0 G al Liabilityp' nce ����� CD l� i CY CD tJllllJJJJ ,, ,;, CY 7.2.1 As a`�� ,�%equisite of th ,ork g erned or other goods supplied under this Contract (including the aging of pe 'nnel and material) the CONTRACTOR shall obtain at his/her c own expense, insd-d �iii�.„Pr as spec ed in the attached schedules, which are made part of this Contract. The CONTRACTO l re i"re all subcontractors to obtain insurance consistent with the attached schedules. O)���;I, 7.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material)until satisfactory evidence of the insurance required by this Contract has been furnished to the COUNTY as specified herein, and where applicable the CONTRACTOR shall provide proof of insurance for all approved subcontractors. E 7.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) 22 Packet Pg. 3212 M.2.a days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 7.2.4 Prior to the commencement of work governed by this Contract, the CONTRACTOR shall 0 obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: 0 (A)Premises Operations > (B)Bodily Injury Liability E (C)Expanded Definition of Property Damage as The minimum limits acceptable shall be: ��� g ������j • $300,000 Combined Single Limit(CSL) �ii„» °� Ifs lit limits are provided, the minimum limits acce t shall be. �j� o (A)$200000 per Person %° (B)$300,000 per Occurrence //j"''' (C)$200,000 Property Damage rovided o ���«» Fos Made policy, its �An Occurrence Form policy is preferred. If � p ��' p y //« f provisions should include coverage for claims le ter the of ive date of this Contract. In addition, the period for which claims may be r 1, rted ��° or a minimum of twelve months (12)following the acceptanc, jrk by the C � Cr D ll///lllli� The Monroe County B of Couri' ommissione4 shall be named as Additional Insured on all policies issued to sati °y �� ove r r irements. 1 �" The CONTRA 11 mai mG� quired by� /a 1 this Contract throughout the entire � � the � , term of the «r" exterf °i„ �+,� specified'in the attached schedules. Failure to comply with N these pr ions may resu � a im� tq uspension of all work until the required insurance has CD been r °'` or replaced. "°' ` CY U- The CONTRA shall pro e to the COUNTY as satisfactory evidence of the required N p rY q insurance, either: / • Certificate of ln�, e or U- • A certified copy of the actual insurance policy. as The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the CONTRACTOR'S Excess Insurance Program. 23 Packet Pg. 3213 M.2.a If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. E 0 7.3.0 Vehicle Liability Insurance Requirements 0 7.3.1 Recognizing that the work governed by this Contract requires the use of vehicles, the CONTRACTOR,prior to the commencement of work, shall obtain Vehicle Liability Insurance. > Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability E coverage for: W as • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: /ice%,,,,,,,,,• $300 000 Combined Single Limit(CSL) ", If split limits are provided, the minimum limits accept a all b �1,1"k c (A)$200,000 per Person (B)$300 000 per OccurrenceCY (C)$200 000 Property Damage The Monroe County Board of County Commisners � � s as Additional Insured on all policies issued to satisfy the equirements. llll� iCr 7.4.0 Workers' Co ation I ance Requi ments III i jlllli rlr 7.4.1 Prior to commencem// ed b is contract the CONTRACTOR shall obtain Workers' Com � sura I I Cient to respond to the applicable state statutes. 7.4.2 I it on, the C " ll CT' a obtain Employers' Liability Insurance with limits of 04 not le �, brplx , , U_ (A)$100 odily Inju � y Accident (B)$500,00 �° ily Inju by Disease,policy limits (C)$100 In' by Disease, each employee c (D)Employer's Li r - Statutory limits U 7.4.3 Coverage shall be maintained throughout the entire term of the contract. U_ 7.4.4 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. a E 7.4.5 If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of 24 Packet Pg. 3214 M.2.a Labor and a Certificate of Insurance,providing details on the CONTRACTOR'S Excess Insurance Program. i2 7.4.6 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be 0 required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 7.5.0 Jones Act or Watercraft Coverage is Required > 0 E 7.5.1 Recognizing that the work governed by this Agreement involvestime Operations, the °' i CONTRACTOR's Workers' Compensation Insurance Policy shall in e coy erage for claims Z subject to the Federal Jones Act(46 U.S.C.A. subsection 688) and � I ited States Longshoremen and Harbor Workers (USL&H) Act(33 USC sections 901-950)� �i li of less than $1 million. Watercraft coverage shall also be included with limits not le t $1 mil"l ' as • Pollution Liability Coverage with minimum li 'of$1,000,000. I'M The COUNTY shall be named as an additional insured esp�p)�1 ,,the CONTRA, OR's 0 liabilities hereunder. 7.5.2 The CONTRACTOR shall require contractors to quately insured at least to the CY limits prescribed above, and to any increas � the CONT r�-1 if so required by the L- COUNTY during the term of this Contract. T C, �, will notp or increased limits of 4- insurance for subcontractors. , / a � / Cr 7.5.3 The CONTRACT wide to the LINTY ce ificates of insurance or a copy of all insurance policies incl those ri �rng the CO TY as an additional insured. The COUNTY reserves the right to r ul" ertifie Copy of such es upon request. > V? r rf roll 7.5.4 The CO OR s ov � LINTY certificates of insurance or a copy of allCL insurance p 1"s in hoses . •ng the COUNTY as an additional insured. The COUNTY 11,Iff" ��� N reservesright to requi � „rtifie 11Jj''r, f such policies upon request. N . //i Article 8. ation. In th � ent the the CONTRACTOR shall be found to be negligent in any �ji I aspect of serviG COUNT all have the right to terminate this agreement after five days written notibcatiol// e CON CTOR. 0 8_1 Either of the pad� ereto may cancel this Agreement without cause by giving the other parry thirty (30) days written i0tice of its intention to do so. 8.2 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination,prior E to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR 25 Packet Pg. 3215 M.2.a under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed $140,000.00. In addition, the COUNTY reserves all rights available to recoup monies 0 paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. to 8.3 Termination for Convenience: The COUNTY may terminate this Agreement for E convenience, at any time, upon 30 days' notice to CONTRACTOR. If OUNTY terminates this (D agreement with the CONTRACTOR, COUNTY shall pay CO OR the sum due the Z CONTRACTOR under this agreement prior to termination, un//� e cost of completion to the COUNTY exceeds the funds remaining in the contra ct/d�r Thy ximum amount due to CONTRACTOR shall not exceed $140,000.00 8.4 For Contracts of any amount, if the County ermines that the Conh r/Consultant has submitted a false certification under Section 287.1 � Flo rid'1�� tatutes or hasp" aced on the 0 Scrutinized Companies that Boycott Israel List or s e ed in ycott of Israel e County shall have the option of(1) terminating the Agreement after it It Contractor/ consultant written notice and an opportunity to demonstrate the agency's deters ion of false certification was in error pursuant to Section 287.135(5)(a), Flo Statutes, or ( intaining the Agreement if the conditions of Section 287.135(4) Florida S ��are met. ��� CY 8.5 For Contracts of$1,000,000 or more, i �, e C ��oes that the Contractor/Consultant submitted a false certifi under Se �`'' ��287.1�' Florida Statutes, or if theCr Contractor/Consultant ha if on the S � ':��tinized C panies with Activities in the Sudan List, the Scrutinized C antes Activities i ���he Iran Petroleum Energy Sector List, or been engaged in business ���s in C pa or Syria th �, my shall have the option of(1) terminating the Agreement after it ha i ' en ontractor/C ultant written notice and an opportunity to demonstrate the ncy's ertification was in error pursuant to Section 287.135(5)(a � �� . tutes ///%�� (2) ma" ng the Agreement if the conditions of Section 287.135(4 i orida Sta "�A re mf�� 04 � �r� . , 04 Articl 9. tenance of ds an fight to Audit. CONTRACTOR shall maintain all books, U- �j lrr records, and' ents directl rtine "t to performance under this Contract in accordance with generally accep countingiciples consistently applied. Records shall be retained for a period of 7-years from th ������ inatio f this Contract or for a period of 5 nears from the date of submission of the final expendi n accordance with 2 CFR §200.333, whichever is greater. Each party 0 111�` to to this Contract or its au zed representatives shall have reasonable and timely access to such > records of each other pa to this Contract for public records purposes during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit 26 Packet Pg. 3216 M.2.a Availability ofRecords. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; 0 correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary to by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred > to as "County Clerk")to substantiate charges related to this agreement, and all other agreements, 0 sources of information and matters that may in County's or the County 's reasonable judgment (D have any bearing on or pertain to any matters, rights, duties or obliga r or covered by any Z contract document(all foregoing hereinafter referred to as "Recor 11 be open to inspection and subject to audit and/or reproduction by County's representativ /or /�'" s or the County Clerk. County or County Clerk may also conduct verifications such s� t not li to counting employees at the job site, witnessing the distribution of p e ifying pad computations, as overhead computations, observing vendor and supplier ; .ments, miscellaneo��l, cations, special /?o, 0 nfir 91 charges, verifying information and amounts throug sews a`' written cowith employees, Subcontractors, suppliers, and contractors r °r entat �', All records sh be kept for r- ten (10)years after Final Completion of the Project. The lerk"possesses the independent authority to conduct an audit of Records, assets, and activitie""��rr���ting to this Project. If any auditor employed by the Monroe County or Coun yr � ', k determines tk°� f�'j�,', nies paid to Contractor pursuant CY to this Agreement were spent for purposes nqplyl ; zed by this A� � t the Contractor shall l 0 repay the monies together with interest calcul i d to Section '.03, F.S., running form the 4- date the monies were paid to Contractor. The ri t to 1 i survives the termination of expiration of this Agreement. / �f111f1f�� �� Cr � Article 10. Public Accnd Pub ecords Co fiance. CONTRACTOR must comply with Florida public record w`aw�1 cludin ut not limite �" -hapter 119, Florida Statutes and Section 24 of Article I of the Florida C ��'' t O � d CONTRACTOR shall allow and permit r reasonable acc inspe f of a1'1s, records, papers, letters, or other"public ssiori°0'� %) der its control subject to the provisions of Chapter 119 record" mat mio, rJ Florida S tes and ma i, ` ceive;All th COUNTY and CONTRACTOR in conjunction with N and in ��� ion with this act any°'����ated to Contract performance. The COUNTY shall have CY the right to erall cancel Con� t upon violation of this provision b the CONTRACTOR. g Y � P P Y Failure of the t RACTOR abide by the terms of this provision shall be deemed a material breach of this Col and the UNITY may enforce the terms of this provision in the form of a court proceeding and"''�"' a 11 revailing party, be entitled to reimbursement of all attorney's fees rr �uil and costs associated wi proceeding. This provision shall survive any termination or expiration of the Contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: E (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records,provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at 27 Packet Pg. 3217 M.2.a a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the 0 Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the COUNTY. (4) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in to possession of the CONTRACTOR or keep and maintain public records that would be required > by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to E the COUNTY upon completion of the contract, the CONTRACT all destroy any duplicate public records that are exempt or confidential and ex t froi" public records disclosure requirements. If the CONTRACTOR keeps and s public records upon completion of the Contract the CONTRACTOR shall m all a ble requirements for retaining public records. All records stored electronic t be p jp,"�'4�ed to the COUNTY,Oi�upon request from the COUNTY's custodian of rec I a°"format � compatible with the information technology systems of the COUNT � (5) A request to inspect or copy public records r to a C�'�m��IIUNTY Contrac � � ; � e made directly to the COUNTY, but if the COUNT d t po the requested fiords, the COUNTY shall immediately notify the CONTRA f the request, and t e CONTRACTOR must provide the r cords to the CO or allow the records to be inspected or copied within a reasonarr °'� e0 CY If the CONTRACTOR does not comp �wit' UNTY's��uest for records the ` COUNTY shall enforce the public reco14 Cos m accordance with the u Contract, notwithstan ' e COUNTY' on and I to unilaterally cancel this Contract Cr upon violation of '1 by the CO RACTO : A CONTRACTOR who fails to provide the pub ' cords t "I', ' COUNTY rr' pursuant to a valid public records request within a reaso `ab '�,e may ,€ subject to pees under Section 119.10, Florida Statutes. The C OR sh t tr �dy, release alter, destroy or otherwise dispose of CL _ any ��� icrWc ��, ess o' erwise provided in this provision or as otherwise provided by ZUESTIONSCD ONTRAC HA REGARDING THE APPLICATION OF CHAP l 19 FLOI&A STATUTES TO THE CONTRACTOR'S DUTY TO PROVID )J L I C CORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIA ..,, %' LIC RECORDS BRIAN BRADLEY AT PHONE#305-292-3470 0 BRADLEY-BRI y MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. U- Article 11.1.0 Miscellaneous as 11.1.1 Successors and Assigns. The CONTRACTOR shall not assignor subcontract its obligations E under this Contract, except in writing and with the prior written approval of the COUNTY and consistent with the Contract, which approval shall be subject to such conditions and provisions as the COUNTY may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply 28 Packet Pg. 3218 M.2.a with all of the provisions of this Contract. Subject to the provisions of the immediately preceding sentence, each parry hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other parry. 0 11.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third parry. to 0 11.1.3 Termination. E r1 Z (A)In the event the CONTRACTOR shall be found to be n� entoo�i any aspect of the U) service or work, the COUNTY shall have the right to �' ate the Contract after five U) (5) days' written notification to the CONTRACTS %% g (B)The COUNTY may cancel this Contract wit �� by givin CONTRACTOR as sixty (60) days' written notice of its inten ' to do so. ��� 11.1.4 Public Entities Crimes/Convicted Vendor. A n orate who has b placed on the 0 convicted vendor list following a conviction for pu�� ity crime may not submit a bid on contracts to provide any goods ors rvices to a public ° may not submit a bid on a ,, contract with a public entity for the/ coon or repai ��" ublic building or public work, � lQ may not submit bids on leases of rea �,� " to public ent � not be awarded or �og, perform work as a contractor, supplier,, ubc r or cons nt under a contract with any 4- public entity, and may not transact busi s wi � �' tity in excess of the threshold amount provided in S 287.017 of th Vida Sta' - for CATEGORY TWO for Cr period of 36 mont ", �� �� ate of beings aced on t convicted vendor list. By signing thi `C� t, CO ' RACTOR re �/" i ants that the execution of this Contract will not violate the Public �� �,,, t(Sec(,,* ri 287.133 Florida Statutes). Violation of this section001,11n in to tion o' � ��i � �tract and recoveryof all monies aid hereto, and � may D � i nt fr OUNTY's competitive procurement activities. 04 tion to the for g, CO ' ACTOR further represents that there has been no CY deter � tion, based o � ' audi that it or any subcontractor has committed an act defined by Section`" �,��, 33 Florid tatutes as a"public entity crime" and that it has not been formally charged w �''� �nmittin �n act defined as a"public entity crime" regardless of the amount of � money invol �� w ; per CONTRACTOR has been placed on the convicted vendor list. 0 to. CONTRALTO will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 11.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and is, a empowered to apply for, seek, and obtain federal and state funds to further the purpose of this E Contract. Any conditions imposed as a result of funding that effect this Project/Scope of Work will be provided to each parry. 29 Packet Pg. 3219 M.2.a 11.1.6 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. 0 CONTRACTOR and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in to employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the > Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686) which 0 prohibits discrimination on the basis of sex; 3) Section 504 of the Rehab* on Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basihan 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) ° rohibits discrimination V) on the basis of age; 5) The Drug Abuse Office and Treatment�� 1 L 92-255), as amended, relatingto nondiscrimination on the basis of drug u5° 6) The°j6 �° rehensive Alcohol g � ,A'c G° as Abuse and Alcoholism Prevention Treatment and Rehabi t of 197 91-616), as amended, relatingto nondiscrimination on the basis of ohol abuse or alcoho ' 7) The Public rio Health Service Act of 1912, ss. 523 and 527 (42 US 690dd A nd 290(e-3), a ed, - relating to confidentiality of alcohol and drug abuse pa decor Title VIII of �Civil Rights Act of 1968 (42 USC s.3601 et seq.) as amended , �f'. to no°discrimination in the sale, rental or financing of housing; 9) The Americans with Disabi ��Act of 1990 (42 USC s. 12101 Note), as may be amended from time to tipMrs ating to nondis �ation on the basis of disability; 10) Monroe County Code ChaptII which �, s discrimination on thebasis of race, color, sex, religion, disability n ��' 3n ancestry, ual orientation gender identity or expression, familial status or age; 11%%Any fry ESIC ination provisions in any Federal or state statutes whic III apply to the i Thereto, � e subject matter of, this Cr Agreement. During the e g g p �� b this Agree ant, the C TRACTOR, in accordance with Equal Employment Op� nity (3 i . Reg. 1231 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. Y 339), as amended by e Lx � Orde '1375,Amendi�i �ecutive Order 11246 Relating to Equal Employment Opportunity, an " I ' ' e uIatio at 41C.F.R. Part 60 (Office of Federal Contract Com rams°��-� �`� `al ,rrrr� 11��V 1? pportunity, Department of Labor). See 2 CL C.F.R. Part �/ p es as follows: 04 � 1) The cont � r wil a�. t discriminate against any employee or applicant for ll��iii em to men ecaus 'of race color, religion, sex sexual orientation ender P y g g ��entity, or onal origin. The contractor will take affirmative action to ensure applica are employed, and that employees are treated during employment, w t re �d to their race, color, religion, sex, sexual orientation, gender identity, or n� P origin. Such action shall include, but not be limited to the following: U Empl inent, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; andU. selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. E 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 30 Packet Pg. 3220 M.2.a 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or 0 applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job to functions discloses the compensation of such other employees or applicants to > individuals who do not otherwise have access to such information, unless such E disclosure is in response to a formal complaint or y e, in furtherance of an investigation, proceeding, hearing, or action, incl g an� nvestigation conducted by the employer, or is consistent with the Ctor's legal duty to furnish information. 2 4) The contractor will send to each lab �' Y�r represi ve of workers with as which it has a collective bargainin Bement or other con ;� JJJi r understanding, a notice to be provided advising , �� id labohq coon or worke sentative of the contractor's commitments under` echo 1��d shall post co es of the notice in conspicuous places available to empi� d applicants for employment. 5) The contractor will co with all pro of Executive Order 11246 of CY September 24 1965 an z� ' rules reguld ��i� d relevant orders of the Secretary of Labor. Nl// �////// 4- //// Fa 6) The contr �fwill furnish ormatt d reports required by Executive aCr s Order � tember 24," �9651 and the rules, regulations, and orders of the tart' o or, or purse' t thereto, and will permit access to his books, re 'r � � acco 's by the ad m,� ' Bering agency and the Secretary of Labor for purposes wed o asce compliance with such rules regulations and i ' 7) In the ,of th°������' �trator's noncompliance with the nondiscrimination clauses %f1 of this co t or f`ny of the said rules, regulations, or orders, this contract CY .� may be can` d, to , inated or suspended in whole or in part and the contractor ay be decl d ineligible for further Government contracts or federally assisted 0 traction ontracts in accordance with procedures authorized in Executive O � 12 of September 24 1965 and such other sanctions may be imposed and ,,, 0 reme` voked as provided in Executive Order 11246 of September 24, 1965, or to by rah ;lregulation, or order of the Secretary of Labor, or as otherwise provided by law. U_ The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive E Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is 31 Packet Pg. 3221 M.2.a threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. i2 0 11.1.7 Code of Ethics. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or to acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of > public position, conflicting employment or contractual relationship; and disclosure or use of c certain information. as 11.1.8 No Solicitation/Payment. The CONTRACTOR and CO ��arrant that, in respect to itself, it has neither employed nor retained any company °pers� �ther than a bona fide employee working solely for it, to solicit or secure th' ���r' ''� tract ar��91) ,�t it has not paid or 2 agreed to pay any person, company, corporation i a , or firm ' �° than a bona fide �s employee working solely for it, any fee, commi on,percentage, gift, o" r consideration contingent upon or resulting from the award king of°" is Contract. F each or U) violation of the provision the CONTRAC l R s tha ` COUNTY sha ave the right 0 to terminate this Contract without liability and, at �tion°"to offset from monies owed, or otherwise recover, the full amount of such fee, co m on percentage, gift, or consideration. � ��� �� CY %, 0 11.1.9 Employees Subject to County Ordin ce � 0-1990 an20-1990. The CONTRACTOR warrants that it has no mpl ��� otherwise had act on its behalf as �� % C any former COUNTY, r or employ p ect tot ohibition of Section 2 of OrdinanceCr No. 010-1990 or a officer or ' ployee in iolation of Section 3 of Ordinance No. 020-1990. 111' reach o� lation of thi l rovision the COUNTY may, in its discretion, „ � � it terminate this' on witho iliability and�`,��� so, in its discretion, deduct from the Contract or purchase`"�, � e re 0 , ��the full amount of any fee, commission, percent r cons'' ' i p ormer COUNTY officer or employee. CL ��fl 11.2.0 Tenant of No `" t. C TOR and COUNTY covenant that neither presently has any in "Wh d shall not acq any i� Est, which would conflict in any manner or degree with its CY �w performance r this Contra � ' nd th t only interest of each is to perform and receive benefits as llru 0 recited in this REQUIREMENT �� El ERIFY 0 In accordance with F.S. 8.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any E subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 32 Packet Pg. 3222 M.2.a 11.2.1 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix 11 to Part 200, as amended, including but not limited to: i2 0 11.2.2 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). to 11.2.3 Davis-Bacon Act, as Amended(40 U.S.C. 3141-3148). When required by Federal program E legislation, all prime construction contracts in excess of$2,000 awarde ��� on-Federal entities must comply with the Davis-Bacon Act 40 U.S.C. 3141-3144 and 3146-3 as s'ti lemented b p y ( ) pp y U) Department of Labor regulations (29 CFR Part 5, "Labor Standard sions Applicable to a Contracts Covering Federally Financed and Assisted Constructs �'�. I° " I°�` rdance with the statute, contractors must be required to a wages to laborers and m ha�'cs at a �r of less than the g q pay g fir ,,,,, / 2 prevailing wages specified in a wage determination made, e°"cretary o ! r. In addition contractors must be required to pay wages not less tha ce a week. If applica� l, e COUNTY 16- must place a copy of the current prevailing wage de ation i ed by the Dep �l�r ;of Labor in U) each solicitation. The decision to award a contract or su tract e conditioner pon the acceptance of the wage determination. The COUNTY mu"s ��' all suspected or reported violations to the Federal awarding agency. The contr ctors must also co with the Copeland Anti- Kickback" Act(40 U.S.C. 3145) as suppl ' d by Departme �` ,Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Publi , -�� or Public i..... need in Whole or in Part by Loans or Grants from the United States"). ,,'r�. ref the Act, h contractor or subrecipient 4- is prohibited from inducing, by any means, any rso ,�� Z�e construction, completion, or repair of public work, to give part of they asation ich he or she is otherwise Crentitled. The COUNTY re � suspected reported volations to the Federal awarding agency. ���f When require b �� ral r "" am le islatior ich includes emergency Management q y � p g g y g � Preparedness Grant �' d Sec Grant Program, Nonprofit Security Grant P ii� � � � Progra �� omel ecuri ���rogram, Port Security Grant Program and Transit cL Secran - m (it" '' not apply to other FEMA grant and cooperative agreement p rams, includin �`''�Publ, is nce Program), the contractors, in contracts for CD i ction or repai „ k abo v, ,000 in situations where the Davis-Bacon also applies, CY muse ' comply with Copeland"Anti-Kickback" Act (40 U.S.C. § 3145), as w supple � by Depa ant of Labor regulations (29 CFR Part 3, "Contractors and Subcontra on Pub uilding or Public Work Financed in Whole or in Part by Loans or Grants from t°t� ' it I Mates"). As required by the Act each contractor or subrecipient is c prohibited from ����,Ig, by any means, any person employed in the construction, to completion, or r it of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the U_ Federal awarding agency. 9 (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by 33 Packet Pg. 3223 M.2.a appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 0 (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and U subcontractor as provided in 29 C.F.R. § 5.12. 0 E Additionally, in accordance with the regulation, each contractor and sub ractor must furnish as ///ioio,, each week a statement with respect to the wages paid each of its empl ,.�es eWgaged in work Z covered by the Copeland Anti-Kickback Act and the Davis Bacon ' ring the preceding weekly payroll period. The report shall be delivered by the contor�o ontractor, within % re t ' seven days after the regular payment date of the payroll pe � t��n p res �I�ve of a Federal or 2 State agency in charge at the site of the building or wor g y g g 11.2.4 Contract Work Hours and Safety Stand a 40 U.�� 3701-3708 . re applicable, all contracts awarded b the COUNTY in exc Oil, ��° �0 40 that invo the PP � Y � �Il'�, %� employment of mechanics or laborers must comply with 40 -� 3702 and 3704 as supplemented 4- by Department of Labor regulations (29 Cfj, Fart 5). Under 4 C. 3702 of the Act, each contractor must compute the wages of ever���l ' is and labore �% e asis of a standard work CY week of 40 hours. Work in excess of the stan �' r��� eek is per � ." e provided that the worker 0 is compensated at a rate of not less than one an ��a h �" e basi ate of pay for all hours U) worked in excess of 40 hours in the work week. % a uir� ' „' 40 U.S.C. 3704 are applicable to Cr construction work and prov �� laborer or�hanic mu���e required to work in surroundings (D or under working Condit �'s whic' �'' unsanitary, zardous or dangerous. These requirements do not apply to the purch supplm r materials iF,Jes ordinarily available on the open market, P or contracts for transportati ra ion of in ence. llr non��, � , Compliance with ontract �� � � Standards Act. �i l/ i�, e i (1) Overtimes �„�, � No c �tor or su� ��retractor contracting for any part of th retract wor may°! ire or involve the employment of 04'`' � ''` ' an such laborer or mechanic in 04 laborer , �� echanics shall re or y CY any workw' �� which he or is em , 'yed on such work to work in excess U_ of forty hours''f I ch workwee unless such laborer or mechanic receives compensation at f I not less n one and one-half times the basic rate of urs w '� U� in ex- �'s of forty hours in such workweek pay for all ho yi ,, aid wages; liquidated damages. In the event of an c (2) Violation; liability f ( g .; q g . y � violation of the clause se "rth in paragraph 29 C.F.R. § 5.5(b)(1)the > contractor and any subc retractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each E individual laborer or mechanic, including watchmen and guards, employed in 0 violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of 34 Packet Pg. 3224 M.2.a the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys 0 payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract to Work Hours and Safety Standards Act, which is held by the same prime > contractor, such sums as may be determined to be necessary to satisfy any E liabilities of such contractor or subcontractor for unpaid wages and liqui damages as provided in the clause set forth in paragraph29 C.F.R. § 5 )(2 (4) Subcontracts. The contractor or subcontractor shall insert in an ��� subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 )th (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be res ���'' br as compliance by any subcontractor or lower tier subcont or with the clauses �� set forth in paragraphs 29 C.F.R. § 5.5 (1)through "� „on/r ,`; 0 11.2.5 Rights to Inventions Made Under a Contract If the Federal award meets CU the definition of"funding agreement" under 37 CFR §401.2 ,�` d the recipient or subrecipient wishes to enter into a contract with a small,"/' ess firm or non �i organization regarding the � substitution of parties, assignment or perfor � experimental �` mental or research work CY / 0 under that"funding agreement," the recipient su J ' t must co y with the requirements of 4- 37 CFR Part 401 "Rights to Inventions Made Nonions and Small Business Firms Under Government Grants is and Coupe Agree o and any implementing Cr regulations issued b the g y 11.2.6 Clean Air Ac °( D C. 74 7671q.) and )jfvederal Water Pollution Control Act(33 U.S.C. 1251-1387, ��� ntractorees to comply with all applicable standards or7�4 ations I d pu �� e Clean Air Act as amended (42 U.S.C. CL §§7401-767 � °.� �0� al ,pollution onntrol Act, as amended (33 U.S.C. §§1251- 1387) an ill report vio to F a �Fleral Agency and the appropriate Regional Office CD of the �''," mental Protec � gene// A). The Clean Air Act(42 U.S.C. 7401-7671q.) CY �and the Fed ater Pollutio ��ontrol Act(33 U.S.C. 1251-1387), as amended—applies to U- Contracts and nts of amo s in excess of$150,000. The contractor agrees to include these re uiremen� ach sub tract exceeding $150,000 financed in whole or in part with Federal assistance pr � d b, EMA/Federal agency. The contractor agrees to report each violation to the CO UN understands and agrees that the COUNTY will, in turn, report to each violation as requirefi o assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. U- 9 11.2.7 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the government- a wide exclusions in the System for Award Management(SAM), in accordance with the OMB E guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise 35 Packet Pg. 3225 M.2.a excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at C.F.R. §180.905) are excluded (defined at C.F.R. §180.940) or disqualified 0 (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact to relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. > pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the c COUNTY, the Federal Government may pursue available remedies, inc �but not limited to as suspension and/or debarment. Bidders or Proposers agree to comply the�i�equirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while t is valid and throughout the period of any contract that may arise from this offer. The Bidde j Pro further agrees to include a provision requiring such compliance in its lower tier cover " sactioriff fs 11.2.8 Byrd Anti-Lobbying Amendment(31 U.S.C. 2). Contractors that a . . or bid for an �i���"i� •„ 0 award exceeding $100,000 must file the required ce f tion. Ea,, tier certifies t e r above that U) it will not and has not used Federal appropriated funds f any ",ion or organiz n for 0 influencing or attempting to influence an officer or emplo y agency, a mem er of Congress, officer or employee of Congress, or an em loyee of a membe"ii�� ongress in connection with obtaining any Federal contract grant or an r award covere 1 U.S.C. 1352. Each tier must CY also disclose any lobbying with non-Federal"" ,�,,� hakes place� f�",, action with obtaining any Federal award. Such disclosures are forwarde JJ� ro� up to L recipient who in turn will 0 forward the certification(s)to the awarding age If 5100 000 the attached certification must be signed mitted by th ractor t �OUNTY. Cr %, , 11.2.9 Compliance wi � ocure of recover ,materials as set forth in 2 CFR § 200.323. � CONTRACTOR mus `co ;with tion 6002 of t�' affffilid Waste Disposal Act, as amended, by the Resource Conservation a���� e �' � The red irements of Section 6002 include procuring onlyitems des', ' " uide��, ; a ��a'�� CL f the ���� �ental Protection Agency (EPA) at 40 CFR part � �� 247 that co � e �' � �' erceih � '� of recovered materials practicable, consistent with � � � 0/ N maintain a satisfactory of co ti where the purchase price of the item exceeds $10,000 CD or the ! � the quantity a ed duihe preceding fiscal year exceeded $10,000; procuring CY i solid waste ( ement servi I n a ginner that maximizes energy and resource recovery; and establishing an native proc ment program for procurement of recovered materials identified in 0 the EPA guideline " the perf ance of this contract, the Contractor shall make maximum use of products containing ere �aterials that are EPA-designated items unless the product cannot be acquired to 1. Competitively within, meframe providing for compliance with the contract performance schedule; U_ 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- E procurement-gui del ine-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 36 Packet Pg. 3226 M.2.a 11.2.10 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR§ 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2)Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to 0 procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is to telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). E (i)For the purpose of public safety, security of government faci j�' hysical security surveillance of critical infrastructure, and other national secur urpo§es, video surveillance and telecommunications equipment produced by Hytera C �'' ications Corporation, Hangzhou Hikvision Digital Technology Company, or a '° � ology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance se � o�ided by s � ntities or using such as equipment. �����% (iii) Telecommunications or video surveillan ipmen r services pro ��w 'provided by an entity that the Secretary of Defense, in co tion the Director o e National 0 Intelligence or the Director of the Federal Bureau� " igatibn, reasonab y believes to be ll�U�� an entity owned or controlled by, or otherwise conned ��� , the government of a covered _ foreign country. CY Y If . 11.2.11 Domestic preference for procurem is ° 1 th in 2 C §200.322. The COUNTY and CONTRACTOR should, to the great exte��` racti d „ `preference for the purchase, acquisition, or use of goods Its, or material duced i� iJnited States (including but not Cr limited to iron, aluminum rrt and othe , anufactur ' products). These requirements of this section must be me /d in all ,'�� wards mcluf' g contracts and purchase orders for work or products under feder For p oses of this se (1) "Produced in the`` iD ' d ' eans fo ,Mn and steel products, that all manufacturing r ml ; « 1 i �� ��//�, err rr�; h f in occurred in h p ocess e t f t g � dig the applicationo coat gs occu ed the Uni CD ( anufacture ucts s items and construction materials composed in whole or in N i � non-ferrous m such �iminum; plastics and polymer-based products such asCY polyp r chloride pip greg- 1es such as concrete; glass, including optical fiber; and 0 lumber 11.3.0 Other Feder I ui 'ents. 11.3.1 Americans wit sabilities Act of 1990 (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued U_ thereunder, and the assurance by the CONTRACTOR pursuant thereto. 11.3.2 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to E participate in the performance of contracts financed in whole or in part with COUNTY funds under this Contract. The DBE requirements of applicable federal and state laws and regulations apply to this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Contract. In this regard, all recipients and contractors shall take 37 Packet Pg. 3227 M.2.a all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this 0 Contract. 0 11.3.3 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors or subconsultants E performing work or providing services pursuant to the Contract to likew•� ° �ilize the U.S. Department of Homeland Security's E-Verify system to verify the e �ymerP't eligibility of all new employees hired by the subcontractor or subconsultant during the �` t term. 11.3.4 NRCS Regulations. NRCS administers the EWP pro ough flowing authorities: • Section 216, Public Law 81-516 (33 U.S.C. Secti ' � ����� ! ',,,,,,,, • Section 403 of Title IV of the Agricultural Cre �ct of 1978 Public L' 334• and r, �� ,�' • Section 382 Title III of the 1996 Farm Bill Law 1 -127• and • Codified rules for administration of the EWP pr ar ���rr�f rth in 7 CFR 4. 11.3.5 Access to Records: Contractor/Co� ultant and their shU ors, transferees, assignees, and llli,� . subcontractors acknowledge and agree to c ���with applicabl „,isions governing the CY Department of Homeland Security DHS an ral Emer eri agement Agency's P tY (DHS) )lj r rf g ll (FEMA) access to records accounts documen in faciliti 'and staff. Contractors/Consultants must 1. cooperate with y c p` /fie or complaint investigation Cr conducted by DHS 2. Give ess to and th t to exa a and copy records, accounts, and other documents and sou �o i n ��'' anon relate' i o the gran'andpermit access to facilities, personnel and other i als an a formation a y be necessary, as required by DHS regulations and other app 'i'� �` law r program gui Vie. 3. Submit timely, complete and accurate (, reports to the appropriate D � ntai ppropriate backup documentation to support the reports. �� ������ CL 04 11.3.6 Seal, Logo a ,ags: �� tor shall not use the Department of Homeland Security N ref seals o rests or repro"�'� ion of" or likeness of DHS agency officials without specific U- FEMA apprc� �iioiiiiiiii 11.3.7 Changes tS tract: e Contractor understands and agrees that any cost resulting from a change or modificati� � a 'order, or constructive change of the agreement must be within the 0 scope of any Federal gra �� cooperative agreement that may fund this Project and be reasonable for L) the completion of the Pr ect. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. U- 9 11.3.8 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. 38 Packet Pg. 3228 M.2.a 11.3.9 No Obligation by Federal Government. The Federal Government is not a parry to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other parry pertaining to any matter resulting from the contract. E 0 11.3.10 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. to 11.3.11 The Contractor is bound by any terms and conditions of the Federally-Funded Subaward and E Grant Agreement between County and the Florida Division of Emergen nagement. 111/4111, as 11.3.12 Uncontrollable Circumstance. Any delay or failure of e' "t rty to perform its as obligations under this Agreement will be excused to the extent F the or failure was caused directly by an event beyond such Parry's control without suc P'��s fa, f�irr,J egligence and that by its nature could not have been foreseen by such Parry or, i J 'have bee If, seen, was unavoidable: (a) acts of God; (b) flood, fire, earthquak plosion, tropical stoM� rricane or other declared emergency in the geographic area of the Pr ��r (c)wai',1,,//o,�nvasion, hostili '„ � ether war U) is declared or not) terrorist threats or acts riot or he' unre the geographirea of the 0 Project; (d) government order or law in the geographic are` r ct; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; 'g (f) ,J n by any governmental authority prohibiting work in the geographic area of oject;(each, a �����ntrollable Circumstance"). CY CONTRACTOR'S financial inability to per ges in cost o 'r 'ability of materials, components, or services, market conditions o up �' ons or con%,�-t disputes will not excuse 4- r performance b Contractor under this Section. i ntra v oun written notice within 7 a days of an event or circumst ��j hat is reason �`� el to in an UncontrollableCr Circumstance, and the ant 9 � "d�l�r�. tion of suc ncontroll 'le Circumstance. Contractor shall use all diligent efforts to e Uncon able Circu % ance, ensure that the effects of any Uncontrollable Circu 'st 11111110 �re mi ized and res 11 performance under this Agreement. The County will not pay additio st � of an c )� ontrollable Circumstance. The Contractor may only seek Chan 1 er o �'°°' '� nable time as the Owners Representative may Y Y �� gf P Y CL determine. 1���� ����� 04 04 11.3.1 � 04 ONTRACTO 11 ho1 bivision and COUNTY harmless against all claims of CY whatever na ,�rrrrising out of CON CTOR's performance of work under this Agreement, to the extent allov'�Q d required law. �0' of I 'unity. Notwithstanding the provisions of Section 768.28, Florida Article 12. Non-Wa' , a,K Statutes, the participate f le CONTRACTOR and the COUNTY in this Contract and the acquisition of any come cial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. as Article 13. Privileges and Immunities. All of the privileges and immunities from liability, E exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Contract within the territorial limits of the COUNTY shall apply to the same degree and extent to the 39 Packet Pg. 3229 M.2.a performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Article 14. Legal Obligations and Responsibilities -Non-Delegation of Constitutional or 0 Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the to performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract is > not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or E statutory duties of the COUNTY except to the extent permitted by the a Constitution, state statute, and case law. Article 15. No Personal Liability. No covenant or agreement aine rein shall be deemed to be a covenant or agreement of any member, officer, agent or e loe of M County in his or her individual capacity, and no member, officer, agent or em ���f� Ionroe shall be liable personally on this Contract or be subject to any person I ability or accountabi lky reason of the execution of this Contract. aq �,;;. Article 16. Non-Reliance by Non-Parties. No person or all be entitled to rely upon the terms, or any of them, of this Contract to epiforce or attempt tea; rce any third-party claim or entitlement to or benefit of any service or p�%in ontemplate under, and the CONTRACTOR CY and the COUNTY agree that neither the COOR nor the ' or any agent, officer, or�ii, employee of either shall have the authority to j fo el, or othe't ise indicate that any 4- particular individual or group of individuals, ent or °'� e'titlements or benefits under this Contract separate and apart i to or supers& e co m �� ty in general or for the purposes Cr contemplated in this Cont ��� ' ��� Article 17. Govermn L �� enue terpretation � 'rats and Fees. This Contract shall be � � �l „ governed b and construed i lull o the la 'of the State of Florida applicable to contracts g y t� �e,�� �a+f111s` � made and to b f � enter � e event that any cause of action or administrative � proceeding ' �stitu I °'" e en j� ent or interpretation of this Contract, COUNTY and N CONT N agree that-v /�'M hall / °��h�p�l61h Judicial Circuit, Monroe County, Florida, in the CD appro rt or before t proprl administrative body. This Contract shall not be subject to CY CY arbitration. �" ation procee �'s init ted and conducted pursuant to this Contract shall be in accordance wit �` Florida Ru !of Civil Procedure and usual and customary procedures required by the circuit coifg n,fonroe unty. / Article 18. Attorneys and Costs. The COUNTY and CONTRACTOR agree that in the event any cause of action or a inistrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Contract, the prevailing parry shall be entitled to reasonable U_ attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing parry, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. E Article 19. Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the 40 Packet Pg. 3230 M.2.a satisfaction of the parties, then any parry shall have the right to seek such relief or remedy as may be provided by this Contract or by Florida law. This provision does not negate or waive the preceding provisions of this Contract concerning termination or cancellation. E 0 Article 20. Cooperation. In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution,performance, or breach of this Contract, COUNTY and CONTRACTOR agree to participate, to the extent required by the other parry, in all proceedings, to hearings,processes, meetings, and other activities related to the substance of this Contract or > provision of the services under this Contract. COUNTY and CONTRACTOR specifically agree that E no parry to this Contract shall be required to enter into any arbitration pr °'oings related to this Contract. , Article 21. Severability. If any term, covenant, condition or pr i ion"'"' s Contract(or the application thereof to an circumstance or person) shall be d I' inval �` �,"" nenforceable to any pp y p ) � ,,,, ��� . . extent by a court of competent jurisdiction the remainin � Covenants bons and provisions of this Contract, shall not be affected thereby; and eac maining term, cove ndition and provision of this Contract shall be valid and shall b/ "ceable ' the fullest ext" f�11 . ,,fitted by law unless the enforcement of the remaining terms covenan ndit - ndprovisions , this Contract would prevent the accomplishment of the original intent o i 'ntra't. The CO TY and CONTRACTOR agree to reform the Contact to replace any �� ien provision with a valid provision that comes as close as possible to the intenA e stricken prow' CY � 1N't,d , l/ 0 Article 22. Authority. Each party represents d�� 0�o the othe� at the execution, delivery and performance of this Contract have been duauth ��� cessary County and corporate action as required by law. Cr Article 23. Binding Ef# The ter covenants, c� .ditions, and provisions of this Contract shall bind and inure to the it If), �the C TY and C ^� � �9RACTOR and subcontractors and their ///o�9i a� d assi respective legal representati 5,00`" I CL Article 24. sta Trut'�l' Negotiation. CONTRACTOR agrees to execute such 04 docume s COUNTY ason e ire including a Public Entity Crime Statement, an err„, 'fir Ethics nt, and a Dru e Worce Statement. Signature of this Contract by CY CONTRA shall act as t ; �' ecuti n of a truth in negotiation certificate stating that wage rates and other factu 't costs sup ing the compensation pursuant to the Contract are accurate, complete, and cure t the ti Hof contracting. The original contract price and any additions thereto shall be adjusted to e e ",asignificant sums by which the agency determines the contract price i, was increased due to ins te, incomplete, or concurrent wage rates and other factual unit costs. All to such adjustments must b "ade within one year following the end of the Contract. Article 25. Section Headings. Section headings have been inserted in this Contract as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Contract and will not be used in the interpretation of any provision of this Contract. E Article 26. Execution in Counterparts. This Contract may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Contract by signing any such counterpart. 41 Packet Pg. 3231 M.2.a In Witness Whereof, the parties have executed this contract as indicated below. 0 0 (SEAL) E KEVIN MADOK, CLERK BOARD OF COUN MMISSIONERS OF MONROE CO Y, ORIDA as > Deputy Clerk David Rice; „ayor qs WITNESSES: ��/ 1. By: Print Name: Print Na 2. e lllllllllllll/////Q /// Titl : CY � !� 0 `� Print Name: Cr � ioo STATE OF 111111111111111� iii COUNTY OF �j ����' Ol ���" f me The foregoing instrument was ackn" be this day of 2023, ���� �!� who is personally known to me or produced CL as proof of identification and did take an oath. Ilk CY LL Notary Public �P", Notary Public Seal CD E Print Name 42 Packet Pg. 3232 M.2.a SECTION THREE: COUNTY FORMS 0 (FORMS TO BE SUBMITTED WITH TABBED INFORMATION- SEE SECTION 1.11) to 0 ATTACHMENT A oioi�,�rn,, qS j Certification Regarding Debarment or Su' on IM In compliance with Agreements and rants a reemen 'cable ��� �� the U.S. Federal p g g g � !oi �rr�„ • as Awards Program the following certification is requir y ill Proposers s / tong a proposal in response to this Request for Proposal d 1. The Proposer certifies to the best of its kriow��t w an that neithe /1100/11 r e Proposer nor its Principals are suspended, debarred ro ose �r», �rment, or declared ineligible � P P P p g 2 for the award of Agreements from ie United States I government procurement or ill!P ` r non-procurement programs, or are lis ��� the Excluded List System in the System CY for Award Management(SAM) issued eral Service ol , „ ��1 '' �, iistration. //J 4- 2. Principals for the purposes of this 1//,�ertifi I J a officers directors owners partners, and persons h rimary mail ent or� �� isory responsibilities within a Cr business entity (e.g.� '' anager, pla �manager, ," ead of a subsidiary, division, or business segment similar tions). �l///�� P 3. The Proposer shal'1 ��«' vi A diate wr en notice to the MCBOCC Director of PurchasiAAVO� fly ti� � io�� Proposer learns that this certification was JJl"' 1 11,, .erroneed oil' become erroneous by reason of other circumstances. 04 r, I' J t , certification is rla� ate � �esentation of fact upon which reliance will be placed CY when ng the awar it is, ter determined that the Proposer rendered an erroneous certifica n addition ther remedies available to MCBOCC's Director of Purchasing may termini e Agree �t resulting from this solicitation for default. ICU to Printed Name of Rep Tentative: > Signature/Date: / Company Name: E 43 Packet Pg. 3233 M.2.a Address: City/State/Zip: SSN or EIN No: C 0 0 E as as 2 go®r, .2 cr 11111111111111111� iii " /////lllllllllllll�lllllllllllllllllllllll0/////////////% 04 CY LL 04 E 44 Packet Pg. 3234 M.2.a ATTACHMENT B Condition of Submitting Proposal The undersigned Proposer has carefully examined all instructions, requirements, specifications, terms,and conditions of the RFP and Agreement and certifies: 0 1. It is a reputable company regularly engaged in providing goods and/or services necessary to meet the requirements, specifications,terms, and conditions of the RFP and Agreement. 0 2. It has the necessary experience, knowledge, abilities, skills, and esources to satisfactorily E perform the requirements specifications terms and conditions o ��1�9 P and the Agreement. Further, if awarded, Proposer agrees to perform the require S, specifications, terms, and conditions of the RFP and Agreement. ����� llll r 3. All statements, information, and representations prepa and su ed in response to the 2 RFP are current, complete, true, and accurate. Pro ��� a knowle ��at Monroe County 2 Board of County Commissioners' (MCBOCC) rely fin such stater', information, and ���representations in selecting the successful prop s). � � � 4. That the prices quoted shall be MCBOCC' i� or th �,9duct and/or sees for the time liii � 7 c stated in the RFP. 5 be bound by all statement epresentations, � ties , a Proposa nd guarantees made in its lllllllll%���iaaCY 10"n time, if an conflict of 6. Proposer acknowledges that the Agr"�ne be canceled, y y interest or appearance of a conflict of in est is�����' - ed b CBOCC in its sole discretion. 7. All purchase orders e duly autho lll�,� wand exe � by MCBOCC and subject to the Cr terms and conditi , ' ' � °i and Agreed t. o %� B chec� ox oser a rees t CBOCC reserves the right to extend the b S S � terms,conditio d f this Agre , dent to other Institutions (such as State,Local and/� 1�I is M ' , f�°' '' "interest in participating in any Agreement that 1 �`"1 of the back institutions will issue their own purchasing ocument �;s 4161he $ � services. Proposer agrees that MCBOCC shall bear no res onsib�t iab any agreements between Proposer and the other stitution(s) w � s h ire t -ise this option. VENDOR L NAME: �I AUTHORIZED TUR DATE: L- ''///// ty PRINT NAME: TITLE: > )111101111) ADDRESS: CITY, STATE, ZIP: U- PHONE: EMAIL: as E 45 Packet Pg. 3235 M.2.a ATTACHMENT C LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA 0 ETHICS CLAUSE 0 (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/ ehalf any former County officer a) or employee in violation of Section 2 of Ordinance No. 010-1990 or any C cer or employee in violation of a) Section 3 of Ordinance No. 010-1990. For breach or violation of this v ision ounty may, in its discretion, > terminate this Agreement without liability and may also, in its discre io G//// ednet fry e Agreement or purchase 2 rice, or otherwise recover, the full amount of an fee, commissi �0'"p y � ,��cef��tage gift �f sideration paid to the (D former County officer or employee.' (Sig„ Date: �oaoo /////// STATE OF: CY COUNTY OF: a) ��, Cr , C Subscribed and sworn to(or a / ore me,by me r rbf❑physicesence or❑online notarization, on as (date)by / e of affiant). He/She is personally known to me or has produce � ML % (type f identification)as identification CL . 04 CD ji CY LL LL %100/10. NOTARY PUBLIC r� My Commission Expires: E 46 Packet Pg. 3236 ATTACHMENT D i2 0 NON-COLLUSION AFFIDAVIT 1, of the city of 0 according to law on my oath, and under penalty of perjury, depose and say that: U 0 1 am A. of the firm of E the respondentlathe Proposal for the project described in the Notice for Calling for bids for: and that I executed the sa*, al with full authority to do so: "t.................I > The prices in this bid have been arrived at independent collusion, ultation, as communication or agreement for the purpose of rest ''Ing competition, as to after relating 0 d/F to such prices with any other respondent or with U) 0 .........1 u Unless otherwise required by law, the prices which have 1' tea in this bid have not been knowingly disclosed by the respondent d will not knowi e disclosed by the respondent prior to bid opening, directly or indirectly ny other respon' or to any competitor; and 0 0 ". I CY 1411 0/0, No attempt has been made or will be made!Jjp,/he' t t any other person, 0 n oin b (D partnership or corporation to submit, or not top u in f restricting purpose o competition; and Cr (D The statements con i s a avit are true d correct, and made with full knowledge that Monroe County rel s a he t of the statem� ontained in this affidavit in awarding > (D Agreements for said T 04 r e (Arl 0 n natudei d (Date) 04 CY U_ STATE OF COUNTY OF: U Subscribed an "(or affirmed)before me,by means of 0 physical presence or 0 online 0 P U notarization, on ? (date)by > (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. U_ NOTARY PUBLIC (D E My Commission Expires: 47 Packet Pg. 3237 M.2.a ATTACHMENT E DRUG-FREE WORKPLACE FORM i2 0 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 0 (Name of Business) 0 1. Publishes a statement notifying employees that the unlawful nufacture, distribution, E dispensing, possession, or use of a controlled substance is proh' � 1u the workplace and specifying the actions that will be taken against employees for vi ns of such prohibition. U) 2. Informs employees about the dangers of drug abuse in th orkpla' / e business's policy of maintaining a drug-free workplace, any available drug i g, reha ,� tion and employee 2 assistance programs, and the penalties that may be" posed for drug upon empl(t � g abuse violations. d ontractualvices that are 23. Gives each employee engaged in providing under bid a copy of the statement specified in subsection"°' �l1�0 i 4. In the statement specified in subsec ��,,`�notifies the ee that as a condition ofCY working on the commodities or contractu J�j ��o, at are and rr " the employee will abide c i �f 4- by the terms of the statement and will notif e e f any eviction of, or plea of guilty or nolo contendere to, any violation of Ch to 3 ( or nStatutes) or of any controlled Cr substance law of the Un' '" � or any sta ' or a viol on occurring in the workplace no later than five (5) day er uc��r�r viction. 5. Imposes a sanction o / re q he satisfact �llli6participation in a drug abuse assistance or rehabilitation r am if s���" )]U�� ployee's community or any employee who is so convict �ll����rrrrrilllllllllllll///lll� ���� CL t5100�(/ftinue 04 6. a good fat Mor to maintain a drug-free workplace through N imp em ts r As the person orized to ,n the statement, I certify that this firm complies fully with the above requirem STATE OF: COUNTY OF: 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. NOTARY PUBLIC My Commission Expires: 48 Packet Pg. 3238 M.2.a ATTACHMENT F i2 0 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity c crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a a contract with a public entity for the constriction or repair of a public building or public work,may not submit bids > on leases of real property to public entity, may not be awarded or perform work a a CONTRACTOR, supplier, E subcontractor, or CONTRACTOR under a contract with any public entity, and ansact business with any W public entity in excess of the threshold amount provided in Section 287.017,fo TEGORY TWO for a period of as U) 36 months from the date of being placed on the convicted vendor list." �� U) I have read the above and state that neither �sponde me) nor any Affiliate has 0 been placed on the convicted vendor list within the last 36 months. Date: // � U) STATE OF: llii ////// �/ as COUNTY OF: ��//% N. Cr Subscribed and sworn to ffirmed re me, b me of ❑ physical presence or ❑ online notarization, on by y �„ pY �ll�� (name of affiant). �1��,, �� G� � or He/She is p�Iii kn (type of own �� CL identificatio �llll 04 dt CD 04 NOTARY PUBLIC My Commission Expires: E U 49 Packet Pg. 3239 M.2.a ATTACHMENT G Scrutinized Companies List 0 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): 0 Respondent Vendor Name: as Vendor FEIN: � U) as Vendor's Authorized Representative Name and Title: Address: 2 City: State: ,,,,Zlp: �. - � Phone Number: 0 /// „ o r- Email Address: � r- 0 Section 287.135,Florida Statutes prohibits a company from biddin miffing a proposal for,or entering into or p p Y gG renewing a contract for goods or services of any,,amount if, at the time"" tracting or renewal, the company is on r,. the Scrutinized Companies that Boycott Israel � � reated pursuant to"� on 215.4725, Florida Statutes, or is � engaged in a Boycott of Israel. Section 287.1_ ' 1 Statutes, also - tsar company from bidding on, CY submittinga proposal for, or entering into or rene °" for goods or"" �1'p p g �ig� g �ees of$1,000,000 or more, that are on either the Scrutinized Companies with ActiviY'�� in SS �� �� r the Sc inized Companies with Activities in the Iran Petroleum Energy Sector Lists which were ate �� ���� 1 5 473, Florida Statutes, or is engaged in business operations in Cuba �// Cr i�, „�io. l/llj a' As the person authorized to o of Respondenthereby certi y that the company identified above in the Section entitled "Respon Vendor is not listed the Scrutinized Companies that Boycott Israel List or engaged in a boycott and for �'ojects of $1,00' � 0 ,or more is not listed on either the Scnrtinized ,� Companies with Activities in " n Lis Scrutinized C anies with Activities in the Iran Petroleum Energy > p, Sector List,or engaged in busine / r S, I understand t ��� o Sect 7.135, ites, the submission of a false certification may subject company to �Y' penf ey,s�,„ 1r' nd/or costs. I further understand that any contract with the County may �r , be termi d, at the option' Count e co pang is found to have submitted a false certification or has been CD /// i », place J Scrutinized Co es that �yft Israel List or engaged in a boycott of Israel or placed on the CY Scrutinize panes with A " es in S 'an List or the Scrutinized Companies with Activities in the Iran U- Petroleum E ector List or b engaged in business operations in Cuba or Syria. Certified By: who is authorized to sign on 0 behalf of the abov need co ny. Authorized Signature:�� / Print Name: to Title: > Note: The List are availablf at the following Department of Management Services Site: UP;,/.rvrvw,,. rns IYYyfIq]YIdq C'orn/.....bgsirb( � �7�ll YtlC�rb`�/statY L)LV chasm /v Ybdor IYbfor-iYYation/co rl;v,Yct(Y sru err ,��� discr�Yminator�y gin,�lairiisveridor- lists APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING E (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements 50 Packet Pg. 3240 M.2.a The undersigned certifies, to the best of his or her knowledge and belief, that: 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 contract, the making of any Federal grant, the making of any Federal loan, the entering to into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. c 2. If any funds other than Federal appropriated funds have be a r will be paid to any person for influencing or attempting to in an officer or employee of p any agency, a Member of Congress, an officer or em �e gress, or an employee�l of a Member of Congress in connection with this F d , l contra ant loan or �Pi„ iiilb r Pia, qb cooperative agreement, the undersigned shall co a��,;�,(,,af, submit�� /j lord Form-LLL, "Disclosure Form to Report Lobbying," in ac �� dance with its instr u 3. The undersigned shall require that the la gu f this /� /jification be � included in the award documents for all subaw ,� � 'tie k'(including st bcontracts, subgrants, and contracts under grants, loans, and c �w tive agreements) and that all lei subrecipients shall certify and di 0 , e accordingly. 1� rtification is a material representation of fact upon which/ j N� j� as placed w �l transaction was made or C" entered into. Submission of this ce c � reregiusu ° r making or entering into cP,this transaction imposed by section 1 2 titl »> Coy . Any person who fails to file a the required certific shall be subje t 'civil of not less than $10,000 and � � 1 `° "°"' each such f � ire. �Cr not more than $1�-; �-��� The Contra o °9 ies or affirms the truthfulness and §accuracy of each ` '''" e �' ertificati�and disclosure if any. In addition the C under ' anP"' �� the provisions of 31 U.S.C. Chap. 38 ll �ii%%�i � cL A edi �j False Clai` s and Statements, apply to this certification and closure, if� � CY nature of tractor's Authorized Official 0 r` Name"""� �' �tle of Contractor's Authorized Official Date c as E 51 Packet Pg. 3241 DISC."LOSIURE Of LOBBYING ACMITTE S C'C)MK_7,77,7:-J7Z A f TO DU 0MYNG KLOSE,1 kC,rv.=.v,Pumsu.�u U rr TO 3 1 ,50'� I 152 FC)F, L, T,i,-pe,of Fedex-d Actiomr 2 Statusof Fedex-d _Act iomr 1, Report. TN,-pe,: a coillract =a.bA'offer'apphca6?om =a inihal. b graill b .mrfinlawazd b uuteha]change, ag7ee d to For I[Afriall Clugge.O'Bly: 0 e. Loan p1mantee yam_ quarter u f i oan invuM.:e date of Lvit laparr 4. No mR.and Address a�f'RAWrt3ng Emfity 5 If" orling Entity in No.4 is,Smbawardee, 0 R&P, E Eatex Naine and Iddress,of Prim: (D El Ptmla ElSubamudeia W Z T�iEr if known, U) U) (D .2 Camggre,suaaml Distrixt,iflmowm Coagressiamall District,if known E 6. FL-djual,Departmemg;.Ageucy: FedJual Pragram.NAM&Ses,llllpfiaa: (D 0 CTDA.Nambey,ffapplcabLe U) r_ 0. FL-djual Acti))mm Number,if knvwu: a Award Amount,if hmowm: .2 11 ai. Namit,and XMresz,of LoblyF Eafitr b. Inldhi&,mlsP@rfbrmjmg Semiles (ind)aIng CY (If injividada2,lml Maine,first name,,ml; addzeis ffIffereu from.No. I On) 0 Mania,first mule" m 1� U) as :3 cr as (atuch Coctmuzifion Sheet.(.,-i4 if necesizn,:� 11. Ammumtof'Piymient Ir,all thai applly), 13. F-1 P, F-I (D a reminer E:] b. ane-timefee 12. Farm of Paymemi(Chink all ffixt mg y): C. Coumlisrjou F-1 a ":a Sh, d. contingent Le 04 F-] b in, iiLd &,yerify namze E deha7m 04 f, other,specift CY U- W 14. Rrief"Descriplinmi of'Sertices Perfarm*,d aT to b*perfdrmjed and Date(s)of Sedmile,including L- offile*)",emplol*S)",ar membey(s)coatacted,for P&Tmat hldicated�in Item 11: 0 0 (atlach Coirtnuxbom Sheets" if mecessan,') u lE Cambauadma Sheei(*aflached: Yes No El 16. 2mf baza 6,313 r;q,--A,vtd. LL Titl;K U,S,C� TAcdcm 132, Tln&.,scl-cimm e4flchb-�-Mgz llipamze:� LL rl;Lzm, -*mmi,ybrQd by tha,641 lbors wham hi"s,transact,am wins mad;w aulgmd.intio, Tfiiz,4hudanuv is Pri"n't Name,:, pmummt to 3 ll U,S,C.13 5 2, M.smuffmm Z6,313 m,lu b4 r;pc&Qd to Ccmg;fza%Gmim=H- will by rumilablg,f6�r (D E &.'sclo"nug,Sha➢ as as jacr to 1,rill.]pcm@�,,Infmzt lom,&Im' S UD000 mad M&.mczl&th2m, 11010,1000 fhrzasl 7mr"I fiFnug. Teliephone 140. Date: A xlhorized for LlocK Fyprohxtiom < Fftleral Us*OnJ7,-: Slandmd Form.-= 2-6c IPAIR7 III Packet Pg. 3242 M.2.a 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 g� agency,aMember 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 0 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. 0 1. Identify the type of covered Federal action for which lobbying activity is and/or has bee ured to influence, the E outcome of a covered Federal action. 2. Identify the status of the covered Federal action. U) 3. Identify the appropriate classification of this report. If this is a follow-up repo �' y a material change to the U) information previously reported, enter the year and quarter in which the cha cc y���f ter 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 ude ngression IN, t if known. Check the qb appropriate classification of the reporting entity that designates if it is or c s aprime or subaW, rIJJJ)� oipient. Identify the qb tier of the subawardee,e.g.,the first subawardee of the prime is the fi er. Subawards include but are j led to subcontracts,subgrants and contract awards under grants. w� `��or r 5. If the organization filing the report in Item 4 checks"Sub aw nter the fui me,address,city,state code of U) the prime Federal recipient. Include Congressional District,if known 11/o°r�,�„�, 0 6. Enter the name of the Federal agency making the award or loan commit n�� de at least one organization level below � agency name,if known. For example,Department of Transportation,United' boast Guard. 2 7. Enter the Federal program name or description f covered Federal action(i If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for g erative agreements,lo��'- loan commitments. :3 CY 8. Enter the most appropriate Federal identifying num� �� the Federal action' i n in item 1 e. Re uest for y g ( g�, q Proposal(RFP)number,Invitation for Bid(IFB)numb ran rent number,the I"act grant.or loan award number, 0 J the application/proposal control number assigned by the �' eral age n e prefixe,a g "RFP-DE-90-001." 9. For a covered Federal action where there has been an aw or 1 Uomni / Federal agency,enter the Federal amount of the award/loan commitme y rime entity identifi / m 4 or 5. Cr 10. (a)Enter the full name, ess, � and zip code oft bbying entity e gaged by the reporting entity identified in item 4 to influenced the cove re feral action. (b)Enter the full �,`i he individu" performing services d include full address if different from 10(a). Enter Last '0 Name,First Name and %,Initial m �� �iIi%i �t 11 11. Enter the amount of compeiY �a rr expected t j e paid by the reporting entity(item 4)to the lobbying entity (item 10). whether the t has will be made(planned). Check all boxes that apply. If this is a mat Awl nter the c / ive amount o ent made or planned to be made. 12. ck the approprCL � i Check a that apply. If payment is made through an in-kind contribution,specify the nature 11 i ��/////// l l 1ir CD`value oft] in-kind "������� N 13. � � k the appropriate box. k all boxes pply. If other,specify nature. CY 14. specific and detaile �,ription o �e services that the lobbyist has performed or will be expected to perform and the U_ pG dates� �rr�s��ervices rendered. f ude all preparatory and related activity not just time spent in actual contact with Federal � officials."�//��1 the Federal oft (s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that 0 were contact` r � 15. Check whethe �� a conti ion sheet(s)is attached. 16. The certifying offi-- mgn and date the form,print his/her name title and telephone number. 0 U Public reporting burden for this lection 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 information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for U_ reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- *� 90aENDIF» CD 2-6d PART 2/COUNTY E �s 53 Packet Pg. 3243 M.2.a Attachment H E 0 U INSURANCE AGENT'S STATEMENT 0 I have reviewed the above requirements with the bidder named below.The following deductibles apply to the corresponding policy. > E POLICY DEDUCTIBLE,' as »r», qb (D Liability policies are Occurrence Claims iiq F� J Or Insurance Agency ���� Sigr lidboom BIDDExsT/ ����JJlIIJIJ�� I understand the insuran iat will t �0 idatory if awat d the contract and will comply in full with all the requirements. ////lIIJJIIJJJJJJJJIIIIIIIIIII%/�//�II Bidders / le ati 1 � ///� Signature 04 Com 7 `IVame: CD .........................................................".... ..................................... �:............................................................................................................................................................................................................................................................ 04 ;,. hh s E 54 Packet Pg. 3244 M.2.a Attachment I Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits 0 Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits c E $100 000 Bodily Injury In'u l ' ease, each employee � Employer's Liability- tutor limits as Jones Act Coverage fil, '% lli Recognizing that the work governed by this contra ins Ives N� e Operations, the CONTRACTOR's Workers' Compensation Insurance ��os °'Pall mclud erage for claims subject to the Federal Jones Act (46 U.S.C.A. su �tion 688) with lim less than $1 Million. ��� The CONTRACTOR shall be permitted to provide �� ��t ��overage thr, ugh a separate Protection and Indemnity Policy, in so far as the cover"fir 0 rovided is no less restrictive than 2 would have been provided by a Workerst//I/ m ensation oli �� � �l4General %//i Liability Coverage sn1, , � u a mimmu '� 0 emise J ions d an 1 ��' feted Operations BI et Contra al Liability (D Pen' ; al Injury Liability m limits acc " le shall be: $300 Combined Single Limit ided, the minimum limits acceptable shall be: 0,000 per perso 0. n $300,000 per occurrence �%- $200,000 property damage CY Vehicle Lia a minimum, liability coverage for: Owned, Non-Owned and red Vehicles. The minimum limits acceptable shall be: $300,000 Combined Single Limit If split limits are provided the minimum limits acceptable shall be: c $200,000 per person $300,000 per occurrence $200,000 property damage Water Craft Liability Coverage shall include, as a minimum: Injury (including death)to any Person as E Damage to Fixed or Movable Objects 0 Contractual Liability with Respect to this Contract The minimum limits acceptable shall be: 55 Packet Pg. 3245 M.2.a $500,000 Combined Single Limit(CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. Additional Information c The Monroe County Board of County Commissioners shall be named as Additional Insured on 0 all policies issued to satisfy the above requirements. U 0 E INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS /` BCONSULTANTS °) Notwithstanding any minimum insurance requirements prescribed e here in this agreement, the Respondent covenants and agrees that he shall defend, indemn � iIbold the COUNTY and the COUNTY's elected and appointed officers and employees har fro 111� J against (i) any claims, (ii) y g p s, a ° proceedings, or other g actions or causes of action, a an litigation, administrative ro ee (� g p��' proceedings relating to any type of injury (including deat �� �0'damage, penalty or business interruption, and (iii) any costs or expenses that may b''serte" against, initia ith respect to, or sustained by, any indemnified party by reason of, or in nection with, (A) any active°' Re pondent or 0 /lr,, with, /l m any of its employees, agents, contractors in any tier invitee wring the term Agreement, U) (B) the negligence or willful misconduct of Respondent o « ��,', of it �r�� jployees, agents espondents in r- an tier or other invitees or C Respondent's default��o,, ,�f�"'1'an of the 6 li ations that it Y ( ) p % Y 9 «rrr �,u � undertakes under the terms of this Agreement, except to the e ,l he claims, actions, causes of action, 2 litigation, proceedings, costs or expenses from the intenti a �r sole negligent acts or negligent acts in part or omissions of the COUNTY or, ° its employees �'ts, contractors or invitees (other CY than RESPONDENT). Insofar as the claims, uses of actiofffI lion, proceedings, costs or L- expenses relate to events or circumstances tha Jy,,cc ' 51 he term of� s Agreement, this section will survive the expiration of the term of this Agreem or a 9111 '1-mil m,-ion of this Agreement. U) 11 it lf, „/� Cr In the event the completion ct (including/ work of ot�'s) is delayed or suspended as a as result of the Responden ' ail t /' hase or mai P in the required insurance, the Respondent shall indemnify the CountyAR/1 ny and a" creased expi es resulting from such delay. )ItuspencleclIn the event the work under ��° gr �� delayed as a result of the Contractor's failure to purchase or n ���� �ntractor shall indemnify the County from any and the re - in � �+,�f � all increase Iting ��Puch d � elay. CLJl ", 04 The fir dollars ($10.0°,, emune� ',paid to the Respondent is for the indemnification provided C04 D for a ���/ , ! � ��, CY The extend bility is in no w� mited, , reduced, or lessened by the insurance requirements contained els ��j " re within this eement. RESPONDENT'S STATEMENT � I understand the insuswill be mandatory if awarded the contract and will comply in full with all 0 //G'"the requirements. � " Respondent Signature Date STATE OF: a E COUNTY OF: 56 Packet Pg. 3246 M.2.a Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known 0 to me or has produced (type of C identification) as identification. 0 E as NOTAR ° IC as My Comm Tres: > ����/ /Or CY Cr 04 04 CY OF U »>f C CD E 57 Packet Pg. 3247 M.2.a SECTION FOUR: INSURANCE REQUIREMENTS Insurance Requirement Required Limits 0 Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits c $100,000 Bodily Injury by Disease, each employee Employer's Liability- Statutory limits 0 Jones Act Coverage ��Ro Recognizing that the work governed by this contract invo Maritime Operations, the U) CONTRACTOR's Workers' Compensation Insurance Polic I de coverage for claims > J ( % ) subject to the Federal Jones Act 46 U.S.C.A. subsection' �8 wi its not less than $1 2 Million. .....oo „"„"° ' The CONTRACTOR shall be permitted to prow Jones Act Coverage h a separate Oa, �� f 0 Protection and Indemnity Policy, in so far as rage p ,vided is no les ' �rlctive than U, ,!would have been provided by a Workers' Compensati�' � �ic ��'�`�'�,„ - General Liability Coverage,�,,, ll include, as a um: mises Operate ���//o CY Ian fand Compl 1 °perations ctual Li ility so n Pl ty mum limits ptable sh '!'"be: Cr "AIF $3 000 Combined Single Limit If s limits are pr "l�ded, the minimum limits acceptable shall be: $200 "per person 0 per occurrence property damage CL 04 Vehi ability Asa In liability coverage for: Owned, Non-Owned and ired V cles. The minimum limits acceptable shall be: CY $300,000 Combined Single Limit split limits are provided, the minimum limits acceptable shall be: $200,000 per person �j,J,, $300,000 per occurrence c $200,000 property damage to Water Craft Liability Coverage shall include, as a minimum: U_ Injury (including death)to any Person Damage to Fixed or Movable Objects Contractual Liability with Respect to this Contract a The minimum limits acceptable shall be: $500,000 Combined Single Limit(CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. 58 Packet Pg. 3248 M.2.a Additional Information The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 0 All insurance coverages shall be maintained throughout the entire term of the contract. to 0 E »„» qb (D CY Cr 111 l //l//lllllllll�����llllllllllllllllllllDllll//11/////����//// LL 0 59 Packet Pg. 3249