Item M3 M.3
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.3
Agenda Item Summary #11292
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 Installation and Maintenance of Waterway Markers in the Florida Keys Waters
Within Monroe County Through 2026, with Provision for a Two Year Extension.
ITEM BACKGROUND: Since 2018, the Monroe County Board of County Commissioners
("BOCC", "Board", "Monroe County", or the "County") has maintained contracts with multiple
vendors for the installation and maintenance of aids to navigation and regulatory markers
(collectively "waterway markers") in the Florida Keys waters within Monroe County. The current
contracts (with American Underwater Contractors, Coral Construction Company, Coffin Marine
Services, Inc., Key West Harbor Services, Inc., and Underwater Engineering Services, Inc.) are
currently scheduled expire August 31, 2023. To provide for continuing service, the Planning and
Environmental Resources Department's Marine Resources Office has drafted a Request for
Qualifications ("RFQ") to qualify multiple marine contractors 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 Board consideration. Based upon BOCC direction, the Marine Resources
Office's professional staff will submit the RFQ to the Purchasing Department for public noticing,
and anticipates bringing an agenda item back before the BOCC in June 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:
August 2018 —BOCC approved contracts with five (5)marine contractors for services related to the
installation and maintenance of aids to navigation and regulatory markers in the Florida Keys waters
within Monroe County for three (3)years.
July 2021 —BOCC approved amendments to existing contracts with the five (5)marine contractors
to provide for an additional two-year term.
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CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
DRAFT Waterway Marker 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:
Emily Schemper Completed 10/28/2022 2:43 PM
Michael Roberts Completed 11/01/2022 1:11 PM
Peter Morris Completed 11/01/2022 1:48 PM
Purchasing Completed 11/01/2022 2:37 PM
Budget and Finance Completed 11/01/2022 2:45 PM
Brian Bradley Completed 11/01/2022 2:58 PM
Lindsey Ballard Completed 11/01/2022 3:21 PM
Board of County Commissioners Pending 11/15/2022 9:00 AM
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M.3.a
MONROE COUNTY
REQUEST FOR QUALIFICATIONS
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To Perform the Installation and Maintenance of
Aids to Navigation and Regulatory Markers
in the Florida Keys Waters within Monroe County
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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Craig Cates, District 1 ,
Michelle Coldiron, District 2 CN
James Scholl, District 3 a
Holly Merrill Raschein, District 5
DEADLINE FOR PROPOSALS: MARCH XX, 2023 3:00 P.M.
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on WEEKDAY,March XX,2023,at 3:00 P.M.,the Monroe County Purchasing Office
will receive and open sealed responses for the following: 0
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Request for Qualifications to Perform the Installation and Maintenance of Aids to Navigation and Regulatory Markers
in the Florida Keys Waters within Monroe County U
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Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
uv,vw flc�r;ll �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 www.demandstar.com OR
www.monroecountybids.com. The Public Record is available upon request.
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Monroe County Purchasing Department receives bids electronically. Ple �o not r attempt to deliver in person
any sealed bids.Mailed/physically delivered bids/proposal/responses r L TsGPT be ac
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BIDS; (r:?in7icuu u cu e,cuuu ty gca c nollaterllthant3 00 P.M.eon Mi e/ tha�02Jw„l lease to / email#dfdential financial
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information in a SEPARATE EMAIL from your bid an i Pen Your subject lin both emails must
read as follows: ,�,,,,���� ���t,,, _
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Waterw /Markers RFQ 03/x
Files that do not contain this subject line WILL B ; ED. Please no t the maximum file size that will be U)
accepted b email is 25MB. Please plan accordingly e - our bid is / ejected due to the file size. Should
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advance of the bid opening, lease email 12..U]!! u"4 i. „�> nu~��.„ ��Gov so accommodations for delivery of
your bid can be made prior to th rang Please ) ised that the bidder's sole responsibility to ensure
delivery of their bid and waitin i opening to a ress or con `m your bid submission delivery will result in >
your bid being rejected. D
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The bid opening for this solicita ill be virtually,via mternet, at 3:00 P.M.,on March XX,2023. You may
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Join Zoom MeetingCY
s/`� 509326156 Meeting ID: 4509326156
ne tap mobile:
���� ��' 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)
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Publication Dates:
Key West Citizen:
Keys Weekly:
News Barometer:
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M.3.a
TABLE OF CONTENTS
SECTION ONE: INSTRUCTION TO RESPONDENTS c
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SECTION TWO: DRAFT CONTRACT
SECTION THREE: COUNTY FORMS Rol
SECTION FOUR: INSURANCE REQUIREMENTS ����
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SECTION ONE: INSTRUCTION TO RESPONDENTS
1.01 GENERAL DESCRIPTION OF SERVICES
The Board of County Commissioners of Monroe County, Florida, (hereinafter "County") is seeking
proposals from respondents to install, maintain and repair uniform waterway markers throughout the
waters of the Florida Keys within Monroe County. t0
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1.02 OBJECTIVE OF THE REQUEST FOR QUALIFICATIONS
The Marine Resources Office of Monroe County, Florida invites fi 1 o s `mit their qualifications �
to remove, install, repair, maintain and replace waterway mark, �0' ding aids to navigation and (,
regulatory markers. These markers may include pilings and/ uoy "` shall be constructed in
accordance with marker designs provided by the Marine o des Of `y, onsistent with Florida
Uniform Waterway Marking Standards. The successful lent shout ° repared to respond 0
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when called upon by a designee of the Marine Resour 'Office with adequate nnel equipment
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and expertise within a designated timeframe to the v� k described p
provided by Marine Resources staff, in a professio an �ihe County s s to establish
contracts for contractor(s) available to be called upon areas of the County. The County
anticipates having more than one Contrac r available to res ""-��°� uickly in each area of the County. CY
The Countymay establish separate contr �' or marker ilia rk buo work which requires
diving), or both types of work. � ��
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1.03 PROJECT LOCATION
The project area includes w nd land as licable) I the Florida Keys in Monroe County.
The County is aware F)it may %a be practical for its and this Request for Proposal's public �'
purpose(s), for a single c for to ovide coverage the entire area of the Florida Keys. County
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requires Contractors to ro�� » f iio� ardi hegeographic areas in which the are capable
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of providing r °'� coati'��' cove �� which correspond to the Upper Keys (from the CD
northern C nel nd adjacent waters), the Middle Keys (from Channel Two to CY
Moser 'nel and adja ater�' �'" e Lower Keys (Moser Channel to Boca Grande) and U-
adjace County anti es amo ng contracts to multiple contractors, for both competitive
biddinga and to cove ch o 'the threegeographical areas in order to provide timely and
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professional in ion repair d maintenance of waterway markers.
1.04 SCOPE OF ` 0`
The project consists of installation, repair, and maintenance of waterway markers, including aids
to navigation and regulatory markers (or other similar markers as applicable), as well as the proper
disposal of old or damaged markers and signs. Job invoicing documentation submitted will include
photographs of the work completed, which will be used to ensure payment and to update the County
marker data sets. Data sets shall be provided to Contractors as part of any Invitation for Quotes E
issued, describing the location, and current condition of markers and signage. 0
The project will be made up of individual jobs, as described by the County in an Invitation for
Quotes. Individual jobs will be awarded by Task Order. The Contractor will manage each job from
beginning to end including the scheduling, labor, monitoring, provision of necessary equipment and
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progress reporting to the County designee in the Marine Resources Office.
When a discrepant marker is identified (by the USCG or other law enforcement entity, or Marine
Resources Office staff), County staff will develop an Invitation for Quotes and send (via e-mail) to
Contractors working throughout the Keys, or in the applicable geographic area, and provide the
description of the work to be performed including any additional information as applicable (e.g.
current data sets, current marker photographs, marker/buoy design details, job deadlines, etc.). The t00
Contractor(s) will then respond (if they so choose) to the County in writing (via e-mail) with a quote as
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 e a Contractor, based on
the lowest quote, and authorize the job by issuance of a Task er detailing the work to be
performed and the quoted cost. In the event there is a tie on the dote the County may, 1) not
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accept the quotes and issue another Invitation for Quotes, or j,` co i� I with the respective
uote-res ondin contractors to see if an would be willin a" ee tonother contractor to be
q p g y g licate
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awarded the job in which case the respective contractohdicate t �"�` 'llin ness in writing J ( P / �f � g g
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via e-mail). The Task Order will be delivered via e-ma the awarded contrac If the work to be r_
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performed is extensive, complex or environmen sensitiY the chosen etor may be
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requested to provide a more detailed work plan for st��0 view approval prio issuance of a
Task Order. At no time will any contractor be authorizd �, dertake a job without the express
authorization of Marine Resources staff via issuance of the � ' Order. The attached Resolution No. CY
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194-2021 provides an example of the ures and vari� ocumentation pertaining to the 4-
procedures. It is the responsibility of the ,, to ensure' l�, /she processes the correct �
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waterway marker(s) according to the detaile �des' rovided i � 'e Invitation for Quotes, Task Cr
Order, and/or USCG Discrepancy Report ''� y �1�
( �an ' "�r �%% tation), and that the work is
completely performed and th Of marker or ma� v'ebris r d is properly disposed of.
The Contractor will pr all nec ry equip men�ao complete the job in a timely manner including as
(as applicable) vess s, es, h ,�y equipment �� ding equipment, flotation equipment, and
vehicles. The Contractor w��1'' ov aterials eded to accomplish the assigned job (unless CL
a �7T� Ornr �» ,��m,�y
otherwise Indic ��� a Invi �� forj� Task Order). The Contractor will strictly adhere CD
to any and /� Fre an 1 ety requirements which may be regulated by local, state or CY
federal a "cies (e.g. co��''; ent �,� c). It is the Contractor's responsibility to be aware of, �
and fo applicable loc"° ate anderal regulations associated with staging and construction (,
in or out of eater. '
Contractors are re° d to hav any applicable active licenses required to fulfill the requirements of
each particular job a''° e r ire d to include in the qualification package copies of any applicable as
licenses (particularly re o marine construction and/or commercial diving). The County reserves
the right to disqualify ospective bidders who have violations of or who have violated state or
federal laws or regulations related to the handling of hazardous materials. Contractors shall be
responsible for the job site at all times during the work.
1.05 PROPOSAL SUBMISSION REQUIREMENTS E
A. Delivery of Proposals
All proposals must be delivered by 3:00 PM EST on DATE TBD("Bid Opening")and in
accordance with the Notice of Competitive Solicitation.
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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.
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B. Governing Laws and Regulations
The Proposer/Respondent is required to be familiar and shall be responsible for complying with
all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the 0
work, RFQ, and/or the scope of services by it. Knowledge of such laws, including but not
limited to occupational license requirements and obtaining such licenses, are the responsibility
of the Respondent.
Requirements for Submission of Proposals in Response to T
i. An electronic copy of the Proposal must be attached to � mai �°p�sent by the deadline
stated above to the following e-mail address: o - a),rL nroecon' %', rov.
ii. If an confidential financials are submitted, sub ahem in a separate e from the rest of �'
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the proposal. �� ,� c
iii. Please DO NOT mail or attempt to mail or el v,i ers 11,E hard copy s d bids or
Mailed/delivered bids/ ro osals/res ons° �ot b°e considered.
proposals. P P P
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iv. The subject line on all e-mails mus �fpad as follows: Iris tion/Maintenance of
Waterway Markers RFQ MM/DD/2023. Any emails tk��" not contain this wording in 4-
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the subject line will be rejected. � �
v. The maximum file size that will be acc%' ted�� "° is 25 Should your proposalCr
documents exceed 25 MB please e-mail! u u a�monroec2Lt -fl. rov for
instructions.
off f %
'-ly in a mane s to avoid public disclosure of contents; only vi. Proposals will b ened pu as
names of the s will had aloud.
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vii. MCBOCC's represen , W o ope e responses will decide when the specified
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uses 'ereafter will be considered. No responsibility
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will ttac one e premature opening of a response not properly addressedCY
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viii. ' Tn specific in on, ev�ation committee members, MCBOCC elected officials
and , " , staff exce e Purchasm Staff Contact and the person listed to respond to
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question�� is RFQ) not to be contacted prior to the MCBOCC's decision to approve >%
or reject the ��° mmen ion presented to it by the evaluation committee. Failure to
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comply with t ment may be grounds for disqualification. Specifically, this NO-
CONTACT PE shall commence on the initial date of posting of the Request for
Proposals and c tinue through and include the date the MCBOCC's makes its
determination to approve or reject the final recommendations.
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 CD
contained in the Notice of Competitive Solicitation, at the front of this RFQ.
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.
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C. Inquiries:
i. All questions concerning this RFQ must be submitted by no later than 3:00 PM EST on
MONTH DAY, 2023. Direct all questions via email to: Burtner-Brittany&MonroeCounty-
FL.gov. Include the RFQ number,page, and paragraph number for each question.
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ii. The only official answer to questions submitted will be provided in writing by the County
and posted as an Addendum to this RFQ. No oral interpretations will be made to any
Respondent as to the meaning of the RFQ documents. Any inquiry or request received ten to
(10) or more days prior to the date fixed for opening of proposals may be given
consideration. All such answers will be made in writing in the fo B f an addendum and, if
issued, shall be posted to DemandStar and a notification will b rinsed by DemandStar
to all known prospective Respondents listed as planholder o the Established Response
opening date. It shall be the Respondents sole responsib' t ter to download the
addendum. Each respondent shall acknowledge recei t"�Rjjsuch a in the space
provided in the response form attached. In case an °; ohdent fai 11J cknowledge 0
receipt of such addenda or addendum, his respo will nevertheless be "'"� trued as though U)
it had been received and acknowledged and t bmissioq of his respons constitute c
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acknowledgment of the receipt of same. AI) a����" a are ' rt of the Contr , cuments
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and each Respondent will be bound by such adder er��r not receive �by him. It is
the responsibility of each Respondent to verify that h °�received all addenda issued CY
before responses are opened. Resp i, may not req � �� or rely upon any verbal 0
representations concerning this RF�grits
� ications.
D. Projected Timetable � ��/� � Cr
The following projected ti ble should be e s a wo guide for planning purposes.
MCBOCC reserves th � ust this tim le as req 'ed during the course of the RFQ P
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process.
Event Date/ %N1100RFQ Issj MONTH DAY, 2023
Dead ' lTllll//1111o�rrt04
l of q rons MONTH DAY 2023 by 3:00 PM
De me for Issu MONTH DAY, 2023 by 3:00 PM U-
als Due `I F11' MONTH DAY, 2023 by 3:00 PM
E. All submit must rem a valid for a period of one hundred and twenty (120) days from the
date of the " J'ne for s fission indicated above. The Board will automatically reject the
response of an' , pp prepared y on affiliate who ears on the convicted vendor list re ared b the
Department of Ge �'` eervices, State of Florida, under Sec. 287.133(3)(d), Florida Statute
(1997). The Board r �, J es 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
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.
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F. The County reserves the right to reject any and all responses and to waive technical errors and
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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
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Instruction to Respondents, and the contract documents, may be rejected at the option of the
County.
1.06 DISQUALIFICATION OF RESPONDENTS i2
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Failure to complete all attachments, including but not limited to the immediately below-specified
forms, in every detail and submit them with your Response may result in immediate disqualification 0
of your Response.
A. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any °a�n submitting a proposal
in response to this invitation must execute the enclosed Lobb and�°�onflict of Interest
Clause and submit it with his/her proposal. Failure to com % s form in every detail and
submit it with the proposal may result in immediate dic ific� of the proposal.
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B. NON-COLLUSION AFFIDAVIT: Any person in�g a prop , in response to this 4-
invitation must execute the enclosed NON-CO 1 ' SION AFFIDAVIT. �� ,, s discovered that r_
collusion exists among the Respondents, t 1/, osals bs all participa 1 1 ' �h collusion
shall be rejected, and no participants in suc co wil considered in re bids for the
same work.
C. DRUG-FREE WORKPLACE FOB j ny person sub �� g a proposal in response to this 0
invitation must execute the enclosedFREE WOR 't�fl� FORM and submit it with U)
his/her proposal. Failure to complete 's ery detai �d submit it the proposal may Cr
result in immediate disqualification of t pro f1f������
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D. PUBLIC ENTITY�� y person su ,, ittmg a pi posal in response to this invitation
must execute th losed c Entity Cri Statement. A person or affiliate who has been
placed on the . �� vend list following viction for a public entity crime may not,
inter alia, submit a p al �" act to ide any goods or services to a public entity.
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E. VE1, AT �/ EGARD G SCRUTINIZED COMPANIES LIST: Any N
p n submitting or pr� 1 i#response to this competitive solicitation must execute
losed VEND ERT 'TION REGARDING SCRUTINIZED COMPANIES
LISP d submit it w he bid or proposal. Failure to complete this form in every detail and
submitJ�� h the bid o �'oposal may result in the immediate disqualification of the bid or
proposal.
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1.07 EXAMINATION OF RFQ DOCUMENTS
A. Each Respondent shall carefully examine the Request for Qualifications (RFQ) and other
contract documents, and inform himself/herself thoroughly regarding any and all conditions
and requirements that may in any manner affect cost,progress, or performance of the work to
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be performed under the contract. Ignorance on the part of the Contractor will in no way
relieve him/her of the obligations and responsibilities assumed under the contract. 0
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B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications or should he be in doubt as to their meanin ,,shall at once notify the
County. �
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1.08 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign ��ohse forms e space provided for
the signature. If the Respondent is an individual, the rds "doing business 1�0 or
"Sole Owner" must appear beneath such signature e case°" a partnership, mature of at
least one of the partners must follow the artners i ' e an words "Me r.of the Firm"
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should be written beneath such signature. If the Res on �� '� corporation, the itle of the officer
signing the Proposal on behalf of the co oration must be""°,�� d along with the Corporation Seal CY
" �h' submitted. The Respondent shall 0
Stamp and evidence of his authority to si e Proposal mus ;�,
state in the response the name and address o ; son intereste U)
MODIFICATION OF RESPONSE
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Written Modification will be accepte jrom ts�'" addressed as indicated in the �_
Notice of Request fo etetive Soli nand �ed prior to the Bid Opening Date ..�,
and time. Modific ��� R � be submitte , via email�'o OMB�BIT)SC�7monroecounty�fl.gav
with the subjec� e of " " �' ification o roposal-_Qualifications for To Perform the
Installation '- 'ntena of Aids to Vigation and Regulatory Markers in the
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Florida Keys Watef .t �� oe Coin . Faxed modifications shall be automatically
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rejectedCY
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1.09 ONSIBILI Jf R Itj 1,,jSE
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The Respo 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.
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1.10 COPIES Off`" U FOR QUALIFICATION DOCUMENTS
A. Only complete s �of Request for Qualification documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for errors or
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
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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 i2
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. t00
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The response, at a minimum, shall include the following: ('
A. Cover Page
A cover page that reads "Qualifications for Installa ' a�i� f����� amtenance of Aids to
Navigation and Regulatory Markers in Monroe C r page should contain
Respondent's name, address, telephone number, a on me of espondent s contact
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person.
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B. Tabbed Sections
Tab 1. General Information. In order to determine Tsons submitting qualifications are CY
responsible all responses for contrau be awarded ��this section must contain the 4-
following information: y U)
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I. A list of the legal persons sharer ders �� e nt or more of the stock; or, if a
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general partners � � - list of the ge �0� � �artners, � ��f a limited liability company, a list
of its membe
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II. A list of � facers a erectors of t + legal person. �
III. The n ars th espondent h " en operating and, if different, the number of
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years it has be v. 'CIVIC es oods or construction services similar to those
re the s ca04
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IV. e n�u
es. 1�, year person has operated under its present name and any prior
nam
. ���� he following, . ��.ding a rs to the questions regarding claims and suits: as
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;
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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 lu-_
owned, operated or directed by any of its officers, directors, or general partners? Yes or
No. If yes, provide details;
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C. Has the person, principal of the entity, entity, or any entity previously owned, E
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
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;
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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
details;
0
e. Whether, within the last five years, the owner, an officer, general partner, principal, 0
controlling shareholder or major creditor of the person or entity was an officer, director, as
general partner, principal, controlling shareholder or major creditor of any other entity
that failed to perform services or furnish goods similar to those sought in the request for
competitive solicitation; Yes or No, If yes, provide details.
as
f. Provide customer references.
g. Provide credit references.
OF C
0,
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Tab 2. Respondent Resources and Performance and D1� all address t��ollowin areas 4-
(except for VIII), which shall be used in the Selectior11°111 ittee s evaluation of each submittal
%ii
in relation to the previously discusse4 tasks. Note that` // ounty may establish contracts for Cy
piling work, buoy work, or both. The dent will iodic �J I below his/her area of interest, 0
which should be based on experience (i � rdents indic �� ,rinterest in buoy work, but U)
that have no experience in buoy work, v I n � sidered uoy work). The respondent Cr
should provide a response to either II, III, o ld oth '��� ponse to I. And accordingly, the M
respondent should provid onse to eith �0 �VII or eased on the response to I.
) �' P
f�/III
I. Responde 'interest "� //j
a) ' � volvi pilings with si ' f,Yes/No)
b) Work" �j`,v, Yes/N
W, lrr�� N
II. / � � ��f'ngs reigns: ' � f performance, prior experience in the area of CD
air maintenance of `piling-based' waterway markers and �
professional plis s gicluding: a description of similar work completed by the `_
� rm an o din om lishments of the firm and an outstanding j11 Y g P Y g
mplishments the fig that relate directly to this type of work (please provide a
re if ce for each rk cited). (20 pts.)
III. Navi" al Buo /Regulatory Buoys: Record of performance, prior experience in the
area o �' Ila 'J repair and maintenance of `buoy-based' waterway markers (and
specifically use and installation of helical embedment anchors) and professional
accomplis ents including: a description of similar work completed by the firm, any
outstanding accomplishments of the firm, and any outstanding accomplishments of the
firm that relate directly to this type of work (please provide a reference for each work
cited). (20 pts) C
IV. Technical, educational and training experience of the contractor's assigned staff and any E
anticipated subcontracted staff. Include the proposed function(s) of subcontractors. 0
(10 pts.)
V. Description of vessels, vehicles, and equipment available to be used in the work to be
performed. (10 pts.)
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M.3.a
VI. Project Approach- for Marker Pilings with Signs: Provide a description including a
statement that reflects a clear understanding of project needs based on the Scope of
Work, a work plan that details the approach, activities necessary and estimated time-
frame to complete such a project. (15 pts.)
VII. Project Approach- for Navigational Buoys/Regulatory Buoys: Provide a description
including a statement that reflects a clear understanding of project needs based on the
Scope of Work, a work plan that details the approach, activities necessary and estimated t00
time-frame to complete such a project. (15 pts.) as
VIII. Proximity of Respondent to the Keys (detailing also proximity to each Keys sub-area—
i.e., Upper, Middle, Lower) and ability to respond quickly '�uding: ability to evaluate
jobs based on quote requests, submit quotes and mob' equipment and execute the
jobs. /Oj (10 pts.)
IX. County's satisfaction with respondent's past Coun roje /r� I the Keys (15 pts.)
Tab 3. County Forms. Respondent shall complete a�� ufe the fora' ecified below, as
well as copies of all professional and occupational nses: ����� r_
L Certification Regarding Debarment or S, �;�' on (A hment A) �� -%%"�'�
II. Condition of Submitting Proposal (Attachme' l
III. Lobbying and Conflict of Interest Clause (Attac ����
CY
IV. Non-Collusion Affidavit(Arta ent D) �������� L_
V. Drug Free Workplace Form (A nt E) ����� /
VI. Public Entity ( ��)
Crime Statement A F
VIL Scrutinized Companies List(Attac ent 0
VIII. Insurance Agent's Statement(Attacl�ent
IX. Insurance and In "" ation State m�' Attachm
Tab 4. Licenses. ondent fill provide c es of all related professional and occupational
licenses:
/////////, //%r r
I. P11 nd bona sCD
11 copy � � enses �° by the respondent, including but not limited to any specialtyCY
license or ce '11�� �to an her relevant license that the respondent holds and wishes
AA
e County to c� er asp of the qualifications of the respondent
license or ce cate elated to commercial diving work
1.12 RECEIP � OPE G OF RESPONSES
�����
Responses will be recei �,� ntil the designated time and will be publicly opened and announced at �
the appointed time an !place stated in the Notice of Request for Proposal. Monroe County's
representative authorized to open the responses will decide when the specified time has arrived and
no responses received thereafter will be considered. No liability or responsibility shall attach to
anyone for the premature opening of a response not properly addressed and identified. Respondents,
or their authorized agents, are invited to be present. E
1.13 RESPONSE EVALUATION AND SELECTION PROCESS
12
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M.3.a
Responses will be evaluated and scored at a publicly noticed meeting by a Selection Committee
composed of the Monroe County Marine Resources Senior Administrator and the Monroe County
Planning Director (or their designees). An additional person may be appointed by the County
Administrator. The Selection Committee will evaluate the proposals based on the following criteria:
0
1. Firm provided all necessary submittal forms (Yes/No)
2. Performance record and experience in the area of piling-based marker work(20 pt) 0
3. Performance record and experience in the area of buoy-based marker work (20 pt)
4. Experienced/trained staff(10 pt)
5. Suitable vessels, trucks and er equipment to form the described du ' 10 pt)
p ��i, �
6. Project approach-Piling based work (15 pt)
7. Project approach- Buoy based work (15 pt)
8. Proximity of Respondent to the Keys and response time ca �ihtii pt)
9. County's satisfaction with Respondent's past projects i th� eys (1�
��j/ 4-
1r Us
The Selection Committee will rank the proposals in er of an average o -� ction Committee
member's scores and make a recommendation to ounty C« mission to e �� �� contract(s)
with suitable Respondent(s). Responses will be score ordi the possible points assigned.
Scoring and rankings will be separated according to �ith "pilings or work with buoys.
Respondents interested in both types of work and ex en nc`- both types of work) will be ranked CY
in both categories. When the contract signed by thy, ondent(s) and other required 0
documentation has been provided (e.g., Cert� Insurance, contract(s) will be brought U)
before the County Commission for final a ro��' binding c act is created between any
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Respondent and the County until a contract is a rove ;��`��! � U, Commission.
1.14 AWARD OF CO
,�
A. The Coun r s e ri o award se p a� contracts for each service area and to waive
tY g r IY Ct
/
� re-adv , ise for all or part of the work contemplated. If
any informality in �t
i„ �1i ty, g
respowal
Fund t� ,�acce e Coun written notice will be even to the N
04
sele of t, �d of contract(s). CY
CY
B. I �e award of ����'�, tract�� nled, the County may award the contract to another
dent or the may ire-advertised or may be performed by other qualified
pers ''° as the Coun � �`.cide
C. A cont ill be awar to the Respondent(s) deemed to provide the services which are in
the best in of the f nty, considering price, qualifications, time frame, and other factors
deemed rele als
D. The Coun ��,��
ty es the right to reject the response of a Respondent who has previously
failed to perform , operly or to complete contracts of a similar nature on time.
E. All responses, including the recommendations of the County Administrator or his designee,
will be presented to the Board of County Commissions of Monroe County, Florida, for final
awarding or otherwise.
F. BID PROTEST: E
Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or
intended decision to award a contract shall submit in writing a notice of protest which must be
received by the County Attorney's Office within seventy-two (72) hours or three (3) business
days, whichever is less, after the posting of the notice of decision or intended decision on
DemandStar or posting of the notice of decision or intended decision on the Monroe County
13
Packet Pg. 3264
M.3.a
Board of County Commissioners' ("BOCC") agenda, whichever occurs first. Additionally, a
formal written protest must be submitted in writing and must be received by the County
Attorney's Office seventy-two (72) hours or three (3) business days prior to the BOCC's
meeting date in which the award of contract by the BOCC will be heard. The only opportunity
to address protest claims is before the BOCC at the designated public meeting in which the
agenda item awarding the contract is heard. In accordance with the Rules of Debate as set
forth in the Monroe County Board of County Commissioners Administrative Procedures, the 0
Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with
his/her name and residence prior to the agenda item to award the contract being called in order
to preserve their opportunity to be heard on this matter. An indiv' ��" has three (3) minutes to
address the Commission and a person representing an or �tion�ias five (5) minutes to
address the Commission. The BOCC decision to award t Tact is final and at their sole
discretion. Failure to timely protest within the times d a r prescribed herein shall
�OjU�"constitute a waiver of the ability to protest the award f , tract the BOCC determines, rf
that it is in the best interest of the County to excu P, test waiv „fie filing of a protest
shall not stopthe solicitation negotiations ortract award rocess �is determined r_
that it is in the best interest of the Coun to
rr�
1.15 CERTIFICATES OF INSURANCE /// �
The Contractor will be responsible for all �l°''' sary insurance c """"���ges as indicated in Section Four. 0
Certificates of Insurance must be provides oe County pfy'" approval of Contract, with U)
Monroe County BOCC listed as additionally//�i No , all insura�,/��fcoverages (except Workers
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Compensation).
The Contractor shall defe liIIA, o� •fy, and hol��� armless t County as outlined on the attached
form in Section ThreeAdd
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/////lllllllllllllllllllllllllllllllllllllllll///////////� 04
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Packet Pg. 3265
M.3.a
SECTION TWO: DRAFT CONTRACT (Not to be submitted with Response)
MONROE COUNTY i2
CONTRACT FOR Installation and Maintenance of Aids to Navigation
0
and Regulatory Markers in Monroe County
0
This Contract is made and entered into this day of by the MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), apolitical subdivision of the
State of Florida, whose address is the Marathon Government Center, 27 �� erseas Highway,
Marathon, Florida, 33050, and ("CONTRA - ;' R");'whose address is
Article 1.1.0 Representations and Warranties and Term tract
gg
llllll Us
By executing this Contract, CONTRACTOR makes th Mowing express rep r tions and
warranties to the COUNTY: / ARIA/p/P(
111 The CONTRACTOR shall maintain all necessaryrmits or other authorizations
necessary to act as CONTRACTOR for the COUNT � 1 the CONTRACTOR'S duties CY
����
hereunder have been fully satisbed.�� �
11; % , �l r%
1.1.2 The CONTRACTOR shall prepare all/ ;cu n require this Contract in such a C
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manner that they will be accurate coor ated ��� ' t br use in verifying work �
' 'sir �
completed and associ sts and shall co for nd comply with all applicable law,
codes, and regulati NTRACT a warrants 'at the documents prepared as part of
this Contract wi adequa d sufficient document costs in a manner that is acceptable
for reimburse 'e�� ,�� overn nt agencies, t�' fore eliminating any additional cost due to
missing or incorrect' 04
ftaig/ 04
04
11.3 The fa r 1 assu�� ull responsibility to the extent allowed by law with regards to
h erformance a CY
se di , uOer his employ. �
1.1.4 The"' TRACTOR ices all be performed as expeditiously as is consistent with
profess i skill and c and the orderly progress of Tasks expressly assigned by the
COUNT Il Irovidin I services pursuant to this Contract, the CONTRACTOR shall abide
�lrrr„�iai�, �-,
by all statute ,,,,,, ;,,,
ina s, rules and regulations pertaining to, or regulating the provisions of
such services, in" �' 'g those now in effect and hereinafter adopted. Any violation of said
statutes, ordinance " 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 E
contractor and not an employee of the COUNTY. No statement contained in this Contract 0
shall be construed so as to find the CONTRACTOR or any of his/her employees, 2
subcontractors, servants, or agents to be employees of the COUNTY. As an independent
CONTRACTOR the CONTRACTOR shall provide independent,professional judgment and
15
Packet Pg. 3266
M.3.a
comply with all federal, state, and local statutes, ordinances, rules and regulations applicable
to the services to be provided.
1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related, in
its recruiting, hiring,promoting, terminating, or any other area affecting employment under
this Contract or with the provision of services or goods under this Contract. t00
1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by ('
both of the parties.
1.1.8 Term of Contract. This Contract shall commence on Se er 1, 2023, and terminate on
August 31, 2026, unless terminated earlier under the te f t ontract. The COUNTY
and CONTRACTOR shall have the option to renew tjs`"�„ ntract e additional 2-year
term under the same terms and conditions as this xercis hrr utual agreement 4-
ab
upon written notice given at least thirty (30) da, for to the end of the I term.
The services to be rendered by the CONT C ,r or ea �� dividual Task ' der shall be
commenced upon written notice from the COUN �i'- "e wdrk shall be c mpleted in
accordance with the schedule mutually agreed to by t / LINTY and CONTRACTOR, CY
unless modified in a signed documc� � the mutual co �' of the COUNTY and 0
CONTRACTOR. Subse uent servic���� � erformed " ���' fiance with schedules of U)
q P i as
performance which shall be mutually e����/ OUNTY CONTRACTOR. At noCr
time shall the CONTRACTOR commer wor11 � �n authority from the
COUNTY. f111f1f 1/l /p,, -�
111
Article 2.0 Scope of S es. The""' TRACTOk hall do, perform, and carry out in a
M „ /
professional and prop r r the 'pe of Service cribed below.
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SCOPE OF SCD
CY
�111J1� f, f S arrY P proper project U_
The CO i � CTOR sha � erfo � d out in a professional and ro er manner the ro•ect
include ° in duties as d /D°'' ed be
CD
Duties consist` oval, insta' �rf ion, repair and replacement of waterway markers including aids to
navigation and r ry mar ,s (including piling based makers and/or buoy-based markers).
Waterway markerl wlj 'ill based on individual jobs authorized by Task Orders. TheCD
CONTRACTOR will T risible for supervision of each job from beginning to end including the
scheduling, labor, monit ng,providing necessary equipment and reporting progress to the County
designee in the Marine Resources Office.
When a discrepant waterway marker(including,piling-based markers and/or buoy-based markers) is
CD
identified, the COUNTY will contact approved contractors via electronic mail ("e-mail") and provide E
the details of the job in the form of an Invitation for Quotes, detailing markers needing work, location 0
of the job, any applicable specifications, a quote deadline, or other pertinent information. The 2
CONTRACTOR(s)will then respond to the COUNTY in writing via electronic document attached to
an e-mail with a quote for the work to be performed, a brief description of the job and any additional
pertinent information. The COUNTY will promptly choose a contractor based on the lowest quote,
16
Packet Pg. 3267
M.3.a
and assign the particular job. In the event of a tie on the low quote, the County may, (1)not accept the
quotes received and issue another Invitation for Quotes, or(2) communicate with the respective
quote-responding CONTRACTOR(s)to see if any would allow a tying contractor to be awarded the
job. At no time will any contractor proceed with a job without the express authorization of the
COUNTY, in the form of a Task Order. In the event of an emergency job, such as a hazard to
0
navigation, the CONTRACTOR will provide a quote via e-mail as soon as possible, and the
COUNTY may validly choose a contractor on the same day as it(the COUNTY) issues the Invitation 0
for Quotes in order to expedite the job. as
The CONTRACTOR will provide all necessary and adequate equipmen �omplete the work
including vessels, vehicles,personnel and protective equipment, incl g necessary equipment for
proper handling of hazardous material and will strictly adhere to a, utionary and safety
requirements. The CONTRACTOR will provide all materials n ed t rho mplish the assigned job
(as specified), except for any materials (such as signs) as ma b rovide Si"
e County (the County
Marine Resources Office maintains an inventory of signs � � provide " depending on the 4-
job, in order to expedite the necessary work). The CO ACTOR shall be res •ble for the job r_
site at all times during the work.
f 2
The CONTRACTOR is required to have active licenses re o fu fill the requirements of each
particular j ob. CY
The CONTRACTOR is required to be famil nd shall be r" ale for, complying with all
federal, state, and local laws, ordinances, rule 4 n ' ons that i 'y manner affect the work Cr
and the marine environment. The CONTRAC ag e ' ely abide by orders to stand �
down or stop work if advised so by any co , r tate or al agency. If required to stand
down by any state or fede .� e CONTR TOR shall immediately notify the COUNTY. It
is the CONTRACTOR' ' ponsibI' to ensure th/t�. e/she performs work on the correct waterway
markers.
When any wor •� eted ON� iall take representative color photographs (in
landscape f �� r' ker s udin a -to of each si n replaced or repaired with
l� (,,, g P g P P ( CY
indicatio the directiongn is` ° Photos shall be of sufficient quality for the COUNTY to
recogr �/ arker and sig (inclu language on the signs), and to ensure payment approval
by the Monf- ounty Clerk o ourt' ` ffice. Photographs are considered to be an integral part of
the work and t / voicing doc f`entation.
The CONTRACTO �'` 1 re in responsible for supervision of all employees and shall ensure
compliance with all ap e safety procedures. Any drinking of alcoholic beverages before or
during the job is strictly ohibited. Violation of safety procedures, federal, state, and local laws,
ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will
constitute cause for immediate termination of the contract.
2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without E
additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the
work product of the CONTRACTOR.
2.2 Notice Requirement. All written correspondence to the COUNTY shall be dated and signed
by an authorized representative of the CONTRACTOR. Any notice required or permitted under this
17
Packet Pg. 3268
M.3.a
Contract shall be in writing and hand delivered or mailed,postage pre-paid, to the COUNTY by
certified mail, return receipt requested, to the following:
To the COUNTY: Monroe County Board of County Commissioners
Marine Resources Office
Attn: Senior Administrator- Marine Resources
2798 Overseas Highway, Suite 410 0
Marathon, FL 33050 tL_
as
To the CONTRACTOR: Name, President
Company Name
Mailing address
However, if COUNTY requests a price quotation(s) from th C TRA01%////�/ the request and
response thereto may be accomplished by e-mail. Selectio� ��� ONTRQ Z b122", y the COUNTY
and the terms of the individual job may be accomplish y e-mail notification a Task Order LD r_
authorizing the work to be completed, and fQ signe e CO TY prior to the''"� I ""'ncement of 2
the work.
Furthermore, a Notice of Termination may be accomplished ail, but shall be immediately sII CY
formalized in writing by the parry seeking 1,; inate and sent other parry by certified mail, 0
1/lll///////D//
return receipt requested.
%/ /////� �� aCr
s
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Article 3.0 County's Responsibilities /// D
3.1 The COUNTY sh / "AII/I � 11 informati ,� regarding equirements for the fulfillment of
authorized Task Order ued to ONTRAC R, with the understanding that the site
l°conditions to which s c atio 'ertain or relat � 1y be subject to change. �
//////% ,;
3.2 The C all de � � e a r ��'`e to act on its behalf with respect to said issued
Task Order ���� CY
3.3 e a schedule e co on of individual Task Order(s) mutually agreeable to both as
Y
the CONT OR and the TY '
3.4 Prompt w notice s `l be given by the COUNTY and its representative to the
CONTRACTOR if t� ecoaware of any fault or defect in the work performed or non-
, �
conformance with this ct. Written notice shall be deemed to have been duly served if sent
pursuant to Paragraph 2. �
3.5 The COUNTY's review of any documents prepared by the CONTRACTOR shall be solely
for the purpose of determining whether such documents are generally consistent with the COUNTY's
criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of E
responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product.
Article 4.0 Authorization of Work Assignments, Subcontractors
18
Packet Pg. 3269
M.3.a
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.
4.2 Additional authorizations may contain additional instructions or provisions specific to the
authorized work for the purpose of clarifying certain aspects of the work to be undertaken. Such
0
supplemental instruction or provisions shall not be construed as a modification of this Contract.
Authorizations shall be dated, numbered and clearly relate to the specific job assignment so that they 0
can easily be related to the specific assignment. Where available, the authorization shall refer to the
name of the vessel, and its location.
4.3 The CONTRACTOR shall not assign, or transfer any rights u r or interest in (including, but
not without limitations, moneys that may become due or moneys t due)this Contract without
„
the written consent of the County, except to the extent that any gnrri/ ' ubletting, or transfer is
mandated by law or the effect of this limitation may be restri to� � law. ° s specifically stated to
��° eht will re or dischar e the 4-
the contrary in any written consent to any assignment no : g
assignor from any duty or responsibility under this Co ct. CONTRACTOR ��� ubcontract a
�„�,
particular Task Order or portion of a Task Order on ® the spy ific written con, tithe
�;
COUNTY'S representative. If subcontractors are al5pro ��i t is t sponsibility oF
oioll%9 r�
CONTRACTOR to inform the subcontractors that they m�'� '"'the Same amount of insurance as
the CONTRACTOR. The CONTRACTOR shall provide the° TY with coverage roof of CY
before allowing a Subcontractor to do any ' on the job. P g �
����� �%A
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Article 5.0 Indemnification and Hold Harml
as
5.1 The CONTRACT ��� s and agree �o hold ha ess the COUNTY/Monroe County
and Monroe County B of Coun ° ommissione% and its officers and employees, from liabilities,
damages, losses and bS ludin t not limited , fines, suits, claims, demands, actions,
costs, obli ations and attorrf fe .lit of kind JL arising out of related to or in
connection ss ���� X tional wrongful conduct of the CD
CD
CONTRAC s > " ,��r tor(s '� other persons employed or utilized by the CONTRACTOR 04
the perfo ��nce of the C AC ,�' in prising out of, related to, or in connection with the willful
non-p �O'' ce of the CO ' CT O e CONTRACTOR shall be solely responsible and (D
answerable` , y and all acc y° �' is or i juries to persons or property arising out of its performance
of the Contract � ding those any subcontractors.
5.2 The first ten` � s ( l'`00) of remuneration paid to the CONTRACTOR is for the as
indemnification provide r, ,above. The extent of liability is in no way limited to,reduced, or
lessened by the insuranc equirements contained elsewhere within this Contract. Should any claims
be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONTRACTOR, 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. E
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
19
Packet Pg. 3270
M.3.a
or ambiguity in the plans and specifications provided by the COUNTY or CONTRACTOR, the
CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the COUNTY harmless and
shall indemnify it from all losses occurring thereby and shall further defend any claims or action on
the COUNTY's behalf. E
0
5.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of any t00
portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be as
entitled to damages for delay
5.5 The CONTRACTOR shall be responsible for the completene daC racy of its work,plan,
supporting data, and other documents prepared or compiled under , ation for this project, and
shall correct at its expense all significant errors or omissions then w ay be disclosed. The
cost of the work necessary to correct those errors attributabl o CON ��i TOR and any damage
°'ia, 0
incurred by the COUNTY as a result of additional costs c �t such err o 11 be chargeable to
the CONTRACTOR.
0
5.6 The extent of liability is in no way limited to, re or ned by the ins ace
.U/
requirements contained elsewhere in this Contract.
r, CY
5.7 This indemnification shall survive iration or early ination of the Contract. 0
Article 6.0 Compensation N// //////////� � Cr
C
ill/�, �/ �.
6.1 Payments. The co ation availab " �O� -TOR under this Contract shall
be determined by the CO basis of pr ' ���quotation 'received from approved
CONTRACTORS and ecessit the mdivid` 1 job(s). The CONTRACTOR is responsible for
evaluatingthe re ues `0 0' vat a es ondin in, n via e-mail with a quotation for the job, a
q � � °�� p g 1 ° g q J � �
description of the job, the a �� o , �� which t�CONTRACTOR can begin the particular job,
� l(lr� �_ �/'«,�, rig„ 04
and the time ne comat p . 04
CY
6.2 F , assum tion / erfo"' es f the duties, obligations, and responsibilities set forth
herein p ���1 rrr J, g p
NTRACTOR be pa accordance with assigned Tasks and completion of as
Tasks, bas ubmitted inv ,;'�' s. Al i nvoices must meet NRCS standards and requirements.
I
(A)If the CO i„ CTOR' uties, obligations, and responsibilities are materially changed by
amendment t", Co I 'act after execution of this Contract, compensation due to the as
CON TRACTO �'` �'be equitably adjusted, either upward or downward;
(B)As a condition precedent for any payment due under this Contract, the CONTRACTOR shall
timely submit proper invoices for services and work properly rendered and reimbursable
expenses due hereunder. The CONTRACTOR's invoice shall describe with reasonable
particularity the service rendered. The CONTRACTOR's invoice shall be accompanied by E
such documentation or data in support of expenses for which payment is sought at which the
COUNTY may require.
6.3 It shall be the CONTRACTOR's responsibility to properly dispose of any markers and
associated materials removed under a Task Order.
20
Packet Pg. 3271
M.3.a
6.4 The billing rates of the CONTRACTOR for a particular job shall be determined and mutually
agreed upon in writing, by and between the CONTRACTOR and the COUNTY, in a written Task
Order prior to COUNTY authorization for the CONTRACTOR to commence the work.
0
6.5 Payment Sum. The COUNTY shall pay the CONTRACTOR in current funds for the
CONTRACTOR's performance of such work. 0
6.6 Local Government Prompt Payment Act. Payment will be made according to the Local ('
Government Prompt Payment Act. Any request for payment must be in �'r satisfactory to the
Monroe County Clerk of Court. Acceptability to the Clerk is based o era I accepted accounting
'principles and such laws, rules, and regulations as may govern the a ��,�s disbursal of funds. The �
request must describe in detail the services performed, the pay am requested, and supporting
documentation, including copies of receipts from the transfe
6.7 Reimbursable Expenses. Expenses potentially mbursable by/from n ounty federal
and/or state government agencies, incurred by the C CT in the interest ork include
the following expenses:
��l 1,
(A)Reimbursable expenses including transportation (exc airfare), lodging, meals and CY
�iii f,, 0
incidentals are included in hourly r' own approved e COUNTY and
CONTRACTOR for each discretely 11 osition. i a
Cr
,,
(B)Cost of maps or drawings ���lother �� ���� � in the scope of
services.
�f111f1f���� , P
(C)Postage and ha of rep ��//�� as
(D)All other expenses a" 04
ij
,illl//I�lllllllllllllllll/�°'
6.8 Bu e �� � C ay not be entitled to receive and the COUNTY is notCY
obligate spay, any fees ense R xc ss of the amount budgeted for this Contract in each U-
fiscal y tober 1 - Sept �� r 30)� a COUNTY's Board of County Commissioners. The (D
budgeted a k may only be difie y an affirmative act of the COUNTY's Board of County
Commissioner --,,,,,
COUNT performance and obligation to pay under this Contract is contingent
upon an annual a ation b he Board of County Commissioners and the approval of the Board
members at the ti ,,
me"""' ntr initiation, and its duration, and its duration and approval of NRCS
and receipt of funds by
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 E
suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, U
the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting
from such delay.
21
Packet Pg. 3272
M.3.a
7.1.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate
this Contract.
7.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Contract.
0
7.1.4 Delays in the commencement of work, resulting from the failure of the CONTRACTOR to 0
provide satisfactory evidence of the insurance required under this Contract, shall not extend deadlines
specified in this Contract, and any penalties and failure to perform assessments shall be imposed as if
the work commenced on the specified date and time.
7.1.5 The acceptance and/or approval of the CONTRACTOR'S i J' ce shall not be construed as
relieving the CONTRACTOR from any liability or obligation a e °^� l� r this contract or imposed
by law. El
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7.1.6 The Monroe County Board of County Commis ers shall be named as" itional Insured r_
on the CONTRACTOR's Commercial General Liab' nd Busy ess Automobi�It
'�ty insurance
policies issued to satisfy this Contract's requirements ` for �' ers' Compens� 'on.
7.1.7 All insurance policies must specify that they are not s I t to cancellation, non-renewal, CY
�
L_
material change, or reduction in cover e " (30) days prior notification is 0
g , g .,.""����//////% inimum of /
given to the County by the insurer. 1&/ i/
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7.2.0 General Liability Insurance
Y
7.2.1 As a pre-requisite overned, o ther good plied under this Contract
(including the pre-stagi f p rso I and materia Vahe CONTRACTOR shall obtain, at his/her
own expense, insuran,°'e ified `the attached s i tiles, which are made part of this Contract.
The CONTRACTOR shall r tract obtain insurance consistent with the attached
schedules. ///%/ 04
04
7.2.2 T ONTRAC ll no emitted to commence work governed by this Contract
(inclu � -staging of pe el an erial)until satisfactory evidence of the insurance required as
by this Con / as been furm d to t COUNTY as specified herein, and where applicable the
CONTRACT 1l provide of of insurance for all approved subcontractors.
7.2.3 The coveragJ ide I erein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is license 11 siness in the State of Florida and that has an agent for service of
process within the State ,1 °Florida. The coverage shall contain an endorsement providing sixty (60)
days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be
written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. a
7.2.4 Prior to the commencement of work governed by this Contract, the CONTRACTOR shall E
obtain and maintain General Liability insurance. Coverage shall be continuously maintained and 0
include, at a minimum:
(A)Premises Operations
(B)Products and Completed Obligations
22
Packet Pg. 3273
M.3.a
(C)Blanket Contractual Liability
(D)Personal Injury Liability
The minimum limits acceptable shall be:
0
• $300,000 Combined Single Limit(CSL)
0
If split limits are provided, the minimum limits acceptable shall be: as
(A)$200,000 per Person
(B)$300,000 per Occurrence
(C)$200,000 Property Damage ��j/
An Occurrence Form policy is preferred. If coverage is prow* a Clat' ade policy, its 16-
�� 4-
provisions should include coverage for claims filed on or � �'ffective i r� this Contract. In c
addition, the period for which claims may be reported Id extend for a mini ��' of twelve months
(12) following the acceptance of work by the Coun ' �
The Monroe County Board of County Commissioners shA ed as Additional insured on all
policies issued to satisfy the above requireents. %////�� CY
0
The CONTRACTOR shall maintain the ins i' ' ired by thisrr" ;fit throughout the entire
term of the Contract and any extensions sped lr hed sche es. Failure to comply with Cr
C
these provisions may result in the immediate s ensi I��� „ ntil the required insurance has
been reinstated or replaced. �f111f� lull ,
>
The CONTRACTOR s rovide he COUNT , as sat isfactory evidence of the required
insurance, either: �� ���Illllllll
• Certifi ranee �%� CYCD
16-
• A ce/ copy of the al in Durance policy. 16-
The CONTRACT ay be r ired to submit a Letter of Authorization issued by the Department
of Labor and a Certi �'�of, 'urance, providing details on the CONTRACTOR'S Excess Insurance
Program.
ram.
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
7.3.0 Vehicle Liability Insurance Requirements
7.3.1 Recognizing that the work governed by this Contract requires the use of vehicles, the
CONTRACTOR,prior to the commencement of work, shall obtain Vehicle Liability Insurance.
23
Packet Pg. 3274
M.3.a
Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability
coverage for:
• Owned, Non-Owned, and Hired Vehicles
0
The minimum limits acceptable shall be:
0
• $300,000 Combined Single Limit(CSL) L_
as
If split limits are provided, the minimum limits acceptable shall
(A)$200 000 per Person as
(B)$300,000 per Occurrence
(C)$200,000 Property Damage
The Monroe CountyBoard of County Commissioners be named as Additi on all r_tyMInsureddoor/
policies issued to satisfy the above requirements. j �f�
7.4.0 Workers Compensation Insurance RequiremeCY
ri'
���������o
7.4.1 Prior to commencement of work go, d by this contra�f CONTRACTOR shall obtain
Workers' Compensation Insurance with limi t to respon�� applicable state statutes. U)
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7.4.2 In addition the CONTRACTOR shall o 'am ility Insurance with limits of
not less than: f1111f lull �„
(A)$100 000 Bo jury by% cident
(B)$500,000 Bid ll ry by /'sease policy 1
CL
(C)$100,000 Bodily In ty/0%b , "' �� ach e oyee
I'll � ll/IIIIII/I/ �'m
(D)EmplOA
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04
04
INIS
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7.4.3 gage shall be aine � out the entire term of the contract.
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7.4.4 Cove be prow by company or companies authorized to transact business in the
�
state of Florida.", 'shall�//////�����///// l �
7.4.5 If the as been approved by the Florida's Department of Labor as an
authorized self-insurer, �� LINTY shall recognize and honor the CONTRACTOR'S status. The
CONTRACTOR may b„ quired 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.
7.4.6 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be E
required. In addition, the CONTRACTOR may be required to submit updated financial statements 0
from the fund upon request from the County.
7.5.0 Jones Act, Longshoremen and Watercraft Coverage Required
24
Packet Pg. 3275
M.3.a
7.5.1 Jones Act, Longshoremen and Watercraft Coverage. Recognizing that the work governed
by this Agreement involves Maritime Operations, the CONTRACTOR's Workers' Compensation
Insurance Policy shall include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. E
subsection 688) and the United States Longshoremen and Harbor Workers (USL&H) Act(33 USC
sections 901-950)with limits not less than $1 million. Watercraft coverage shall also be included
with limits not less than $1 million. 0
to
The CONTRACTOR shall be permitted to provide Jones Act Coverage through a separate Protection ('
and Indemnity Policy, insofar as the coverage provided is no less restric ', an would have been
provided by a Workers' Compensation policy.
7.5.2 Watercraft Coverage. Coverage shall include, as a mi m: ��������
• Injury (including death)to any PersonO!f,,, �����
• Damage to Fixed or Movable Objects 2
• Contractual Liability with Respect to this C
The minimum limits acceptable shall be: CY
• $500,000 Combined Single LimitCr
Coverage provided by a Protection and Indem �/ shall bbj ect to the approval of the
County.
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7.5.3 The CONTRACT s a ire its subc trac tors to�e adequately insured at least to the
limits prescribed abov to any i ;eased limits �� the CONTRACTOR if so required by the
COUNTY during the terms is C act. The CO will not pay for increased limits of CL
insurance for subcontractors ��
�°
7.5.4 Th T � �` shall de to the COUNTY certificates of insurance or a copy of all CY
�
insuranc �licies includm 1 se nab COUNTY as an additional insured. The COUNTY
resew s F i ht to require a �' ified c Hof such policies upon request.
Article 8. Ter on. In the f nt that the CONTRACTOR shall be found to be negligent in any
aspect of service, 'll� OUNT hall have the right to terminate this agreement after five days
written notification t��r, '' RACTOR.
8_1 Either of the pa s hereto may cancel this Agreement without cause by giving the other party
U-
thirty (30) days written notice 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 E
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
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
25
Packet Pg. 3276
M.3.a
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
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
paid under this Agreement, including the right to sue for breach of contract and including the right to t00
pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et as
al. of the Monroe County Code.
8.3 Termination for Convenience: The COUNTY may mate' this Agreement for
convenience, at any time, upon 30 days' notice to CONTRACTO lie COUNTY terminates this
agreement with the CONTRACTOR COUNTY shall p N ��� � TOR the sum due the
CONTRACTOR under this agreement prior to terminatio Mess the o of completion to the
' , i p 0
COUNTY exceeds the funds remaining in the co � � o� The in amount due to
CONTRACTOR shall not exceed $140,000.00
��' onsultant has
8.4 For Contracts of any amount if the County mesthe Contract t
submitted a false certification under Section 287.135(5) �` #1stlattites or has b en placed on the
Scrutinized Companies that Boycott Israel List, or is engage ° boycott of Israel, the County shall CY
have the option of(1) terminating the Age', ent after it has g ' the Contractor/Consultant written
notice and an opportunity to demonstrate th �' s determinate f%, face certification was in error
pursuant to Section 287.135(5)(a) Florid l//��) r '� j or (2) ma" ifing the Agreement if the
conditions of Section 287.135(4) Florida Sta ,s arCr
8.5 For Contracts of more if th��� ounty de ermines that the Contractor/Consultant
submitted a false ication der Sectio��. 287.135(5), Florida Statutes, or if the
Contractor/Consultant �� n pla on the Scr3 d Companies with Activities in the Sudan
List, the Scrutinized Comp' o�wi f�avities m�, Iran Petroleum Energy Sector List, or been
engaged in busi �eration �� ,u N
� County shall have the option of(1) terminating
the Agreem ���ll//� giv �� Contrac �Consultant written notice and an opportunity to N
demonstr r the agenc � hiptermiI n of false certification was in error pursuant to Section CY
287.135 Florida St ��`` or g ntainin the Agreement if the conditions of Section
„ g
287.1 ( ` �� rida Statutes et. '�� ('
Article 9. Mai"", nce of Rec ids and Right to Audit. CONTRACTOR shall maintain all books,
records, and docu directl ertment to performance under this Contract in accordance with
generally accepted a irinciples consistently applied. Records shall be retained for a period
of 7-years from the term on of this Contract or for a period of 5 years from the date of submission
of the final expenditure port in accordance with 2 CFR §200.333, whichever is greater. Each party
to this Contract or its authorized representatives shall have reasonable and timely access to such
records of each other party to this Contract for public records purposes during the term of the
Contract and for four years following the termination of this Contract. If an auditor employed by the
COUNTY or Monroe County Clerk of Court determines that monies paid to CONTRACTOR E
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.
26
Packet Pg. 3277
M.3.a
Right to Audit
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 0
discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary as
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, I 1 other agreements,
sources of information and matters that may in County's or the Coun ' erk�'''reasonable judgment
have any bearing on or pertain to any matters, rights, duties or obl' I N under or covered by any
contract document(all foregoing hereinafter referred to as "Rec s") ' be open to inspection and
subject to audit and/or reproduction by County's representati a /or ag "�/,,,,,,r the County Clerk.
0
County or County Clerk may also conduct verifications s gut not lima ��`� counting
employees at the job site, witnessing the distribution o yroll, verifying payro putations, r-
overhead computations, observing vendor and supp1* merits' iscellaneous a ,rr,. ,Ohs, special
charges verifying information and amounts throug in ' ,,J ws a itten confirm ns with
employees, Subcontractors, suppliers, and contractors reps es. 1A11 records s all be kept for
ten (10)years after Final Completion of the Project. The Cou terk possesses the independent CY
�ii�r�„ � llir,
authority to conduct an audit of Records, a and activities r � to this Project. If any auditor 0
employed by the Monroe County or County ermines that, laid to Contractor pursuant
as
to this Agreement were spent for purposes no%h�,ut 11 ��'�� ,o this Agr dent the Contractor shall C
repay the monies together with interest calculfla pur e i 'S5.03 F.S. running form the
date the monies were paid to ctor. The rage audit pr ns survives the termination of
expiration of this Agreem >
i
Article 10. Public A 'e% Publ ecords Coin Ynce. CONTRACTOR must comply with
Florida public records taws di �'�' timited� Chapter 119 Florida Statutes and Section 24
of Article I of Cons �' fin. �� �I' and CONTRACTOR shall allow and permit CD
/ N
nm«o ��
reasonable �. ss o � � ectil��, all documents, records, papers, letters, or other public CY
record" rials in its po on ip control subject to the provisions of Chapter 119
Florid �' ' a s and made o �� ' eived �� e COUNTY and CONTRACTOR in conjunction with
and in conn ' with this Co ct an related to Contract performance. The COUNTY shall have
the right to unir`�° fly cancel t Contract upon violation of this provision by the CONTRACTOR.
Failure of t i CTOR , abide by the terms of this provision shaft be deemed a material
breach of this Contra d t OUNTY may enforce the terms of this provision in the form of a
court proceeding and sk0 a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated wit at 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 E
contract, the CONTRACTOR is required to:
(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
27
Packet Pg. 3278
M.3.a
the requested records or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
0
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the COUNTY. 0
(4) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in
possession of the CONTRACTOR or keep and maintain public records that would be required
by the COUNTY to perform the service. If the CONTRACTOR t s all public records to
the COUNTY upon completion of the contract, the CONTRA R ski°`ill destroy any
duplicate public records that are exempt or confidential and, t from public records
disclosure requirements. If the CONTRACTOR keeps a ain �' �m ublic records upon
completion of the Contract, the CONTRACTOR shall e �all app e requirements for 16-
retaining public records. All records stored electro �� i st be pro to the COUNTY, 4-
upon request from the COUNTY's custodian of rds, in a format that ', patible with the
information technology systems of the CO "'��m�� r� °LTI�f� �l�i
(5) A request to inspect or copy public records relat° a C 1, TY Contract t be made
directly to the COUNTY, but if the COUNTY does' �r Bess��ihe requested records, the
COUNTY shall immediately notify he CONTRACT the request, and the CY
16-
CONTRACTOR must provide they° /to the COUN 1 ;' allow the records to be 4-
inspected or copied within a reasonab ��/1 / a
llllll�����
Cr
If the CONTRACTOR does not comply ith t F �� request for records the �_
COUNTY shall enfor , ublic recor tract prns in accordance with the -�
Contract, notwiths � o
i OUNTY's tion and '�ht to unilaterally cancel this Contract
upon violation t� °'s provis `by the CO CTOR. A CONTRACTOR who fails to
provide the pudic, ds to f COUNTY o f uant to a valid public records request
t within a reasonable ' �/;�r ' j t to pe ties under Section 119.10, Florida Statutes.
0111"T,lCYThe �� ansfer custody, release, alter, destroy or otherwise dispose of �
���„ rr»
a ublic records s or o i ,,provided in this provision or as otherwise provided by W
16-
iiiiiiiii�iiiiiii,
IF THE'N NTRACT + HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTERIJ/hO, FLOIA A STATUTES TO THE CONTRACTOR'S DUTY TO
„i
PROVIDE P ECORDS RELATING TO THIS CONTRACT CONTACT THE
CUSTODIAN O` U UBLIC RECORDS BRIAN BRADLEY AT PHONE#305-292-3470
BRADLEY-BR AN(u,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
Article 11.1.0 Miscellaneous E
11.1.1 Successors and Assigns. The CONTRACTOR shall not assignor subcontract its obligations
under this Contract, except in writing and with the prior written approval of the COUNTY and
consistent with the Contract, which approval shall be subject to such conditions and
provisions as the COUNTY may deem necessary. This paragraph shall be incorporated by
28
Packet Pg. 3279
M.3.a
reference into any assignment or subcontract and any assignee or subcontractor shall comply
with all of the provisions of this Contract. Subject to the provisions of the immediately
preceding sentence, each 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, 0
contractual or otherwise, with or any rights in favor of, any third parry. as
11.1.3 Termination.
(A)In the event the CONTRACTOR shall be found to be �ent in any aspect of the
service or work, the COUNTY shall have the righter, the Contract after five
5 days' written notification to the CONTRA C O %
0
ME�/�� ens
( )
B The COUNTY may cancel this Contract outcause b n t� NTRACTOR
sixty60 days' written notice of its in to do S° y givi g /
11.1.4 Public Entities Crimes/Convicted Vendor. A per �� ffiliate who has been placed on the
convicted vendor list followin a c nviction for ubli��,,.l a
ty crime may not submit a bid on CY
contracts to provide any goods or s ' to a public en ay not submit a bid on a
contract with a public entity for the c�-,r �'" nor repair o� c building or public work, U)
may not submit bids on leases of real °" pe�� /lic entity , 'ay not be awarded or Cr
perform work as a contractor, supplier, " con � '� „ `ltantunder a contract with any
public entity, and ma ansact busin any p" entity in excess of the threshold -�
amount provided i �L; 17.017 of the°'� orida Sta 'tes, for CATEGORY TWO for a
period of 36 in ° from th to of being ced on the convicted vendor list.
By signing this Conte j� OR re , sents that the execution of this Contract will
lic Eo ° "Crime , i r trlt N
not vio - "� ��� tion 287.133 Florida Statutes). Violation of thisCD
sect s a r terms n of this Contract and recovery of all monies paid hereto, andCY
"result in deba�'' frorri�,�� � Y's competitive procurement activities.
1��i, llllll,,,
In a �1 � to the foreg CO TRACTOR further represents that there has been no
determi ''j�� based on �` audit, that it or any subcontractor has committed an act defined by
Section 2 Florid tatutes, as a"public entity crime" and that it has not been formally
charged with �` it j g an act defined as a"public entity crime" regardless of the amount of
money involve ", t 'ether CONTRACTOR has been placed on the convicted vendor list.
U_
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or has
been placed on the convicted vendor list.
E
11.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Contract. Any conditions imposed as a result of funding that effect this Project/Scope of Work
will be provided to each parry.
29
Packet Pg. 3280
M.3.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
0
the part of any parry, effective the date of the court order. CONTRACTOR and COUNTY agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to t00
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of L_
1964 (PL 88-352)which prohibits discrimination in employment on the basis of race, color,
religion, sex, and national origin; 2) Title IX of the Education Amendm A 1972, as amended
(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimina ' on t�ib basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 US 4), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimin ��n I�� J975, as amended (42
USC ss. 6101- 6107)which prohibits discrimination on the b si111f age; Drug Abuse Office
j , ,,
and Treatment Act of 1972 (PL 92-255), as amended, rel �� ndiscri ;� ln on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse an coholism Prevention ��tment and
Rehabilitation Act of 1970 (PL 91-616), as amende ting to A ndiscriminatio 6"basis of
alcohol abuse or alcoholism; 7 The Public Health ery � ct of ss. 523 and (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confide�o f alc°ohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 US Ol et seq.) as amended relatingCY
to nondiscrimination in the sale, rental or ft" ng of housin Americans with Disabilities 0
Act of 1990 (42 USC s. 12101 Note), as ma ed from tim° �e relating to U)
nondiscrimination on the basis of disability; 1 od hapter 14, Article II, Cr
ii as
which prohibits discrimination on the basis of r e, co i disability, national origin,
ancestry, sexual orientation, identity or e ion fa� status or age; 11) Any other
nondiscrimination provisi deral or sta statutes w,tch may apply to the parties hereto,
or the subject matter of j Agree . During the%erformance of this Agreement, the
CONTRACTOR, in co e wit a equal Employ �'� Opportunity (30 Fed. Reg. 12319, 12935, 2
3 C.F.R. Part 1964-1965 Co' ... men �' Executive Order 11375 Amendin
Executive Orde �o a� elatan qua ��0 it Opportunity, and implementing regulations
at 41 C.F.R. (� r Fe III i ontract Compliance Programs Equal Employment CY
Opportu department f° or). ��� C F.R. Part 200, Appendix H,¶ C, agrees as follows: U_
/G////� The willot discriminate against any employee or applicant for
contra
ployment because of race, color, religion, sex, sexual orientation, gender �
tity or tonal origin. The contractor will take affirmative action to ensure
th°""f�` t lic,Ts are employed, and that employees are treated during employment,
with and to their race, color, religion, sex, sexual orientation, gender identity,
o nal origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, E
notices to be provided setting forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
30
Packet Pg. 3281
M.3.a
orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information 0
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to s Anformation, unless such
disclosure is in response to a formal complaint arg6, in furtherance of an
investigation, proceeding, hearing, or action, i an investigation conducted
by the employer, or is consistent with t /,"n �j 's legal duty to furnish
information. �iii,,,�
Ad 4-
4) The contractor will send to each 1 union or represent of workers with
�i2 c
which it has a collective bargain reemeift,� r other contra" derstanding,
a notice to be provided advising the labo/ ion or workers presentative of
the contractor's commitments under thiSi»rl'" and shall post copies of the notice
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in conspicuous places available to employ d applicants for employment. CY
5) The contractor will c�N����� all provisio'�J� �� xecutive Order 11246 of
September 24, 1965, and�Nf t��� regulate land relevant orders of the Cr
Secretary of Labor.
6 The co /0
I furnish a ���info rmati and reports required by Executive
Ord 246 of tember 24, ,165, and by the rules, regulations, and orders of �
th e���' or, or pursua Of ereto, and will permit access to his books,
l
records c W he admi� stering agency and the Secretary of Labor for
es of ` ti am compliance with such rules, regulations, and
CY
7) In the ev the c actor s noncompliance with the nondiscrimination clauses
a of this cont� or w' any of the said rules, regulations, or orders, this contract
a be can d, terminated or suspended in whole or in part and the contractor
Y
be decl ed ineligible for further Government contracts or federally assisted
c cti Pcontracts in accordance with procedures authorized in Executive as
Orde" �'� 6 of September 24 1965 and such other sanctions may be imposed and
rem ec invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by `-
law.
The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the E
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
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
31
Packet Pg. 3282
M.3.a
non-compliance; provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to enter into such litigation to
protect the interests of the United States. 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 t00
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or as
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relations d disclosure or use of
certain information.
11.1.8 No Solicitation/Payment. The CONTRACTOR and C T ant that, in respect to
itself, it has neither employed nor retained any comp bt,person ', r than a bona fide
employee working solely for it, to solicit or secure ����� ritract and ,J has not paid or 4-
agreed to pay any person, company, corporatio �dividual, or firm, otl n a bona fide
tf, 0
employee working solely for it, any fee, co on,perk tage, gift, or o sideration
f C contingent upon or resulting from the awar or i„ g of � , ontract. For t breach or
violation of the provision the CONTRACTOR ag '- 'the BOUNTY shall have the right
to terminate this Contract without Lability and, at its ���� tion, to offset from monies owed,
Ali lo 0
or otherwise recover, the full amou ,�, uch fee commi�
' �� percentage, gift, or 4-
consideration.
, �///O/O//////0O/ii;, �� Cr
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11.1.9 Employees Subject to County Ordina a N � d 020-1990. The
CONTRACTOR wa at it has not °yed, re C or otherwise had act on its behalf
any former COUN�� o �� r employee ���bject to th 'prohibition of Section 2 of Ordinance
No. 010-1990 0 CO officer or e ° loyee in violation of Section 3 of Ordinance
No. 020-1990. o ch or lation of this �` ision the COUNTY may, in its discretion,
CL
terminate this Contra t � and i also, in its discretion, deduct from the
p ji CD
Contra se rr� � of e � , , ver the full amount of any fee, commission, �
perc ���gi ��� nside ���� paid to the former COUNTY officer or employee.
11.2.0/ ��, nt of No Inte�� CO i CTOR and COUNTY covenant that neither presently has as
�000iiGo�i�m �
any interest ��� hall not acq any i r'erest which would conflict in any manner or degree with its
�f
performance urn is Contras nd that only interest of each is to perform and receive benefits as
recited in this on,
// W, as
REQUIREMENT TO VERIFY
U_
In accordance with F.S. 448.095, 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 E
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work 0
authorization status of all new employees hired by the subcontractor during the Contract term. Any
subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with,
32
Packet Pg. 3283
M.3.a
or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the
provisions of F.S. 448.095
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:
0
11.2.2 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all 0
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).
11.2.3 Davis-Bacon Act, as Amended(40 U.S.C. 3141-3148). Whe quired by Federal program
legislation, all prime construction contracts in excess of$2,000 aw y non-Federal entities must
comply with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3, 31`0 �� supplemented by
of � �
Department of Labor regulations (29 CFR Part 5 "Labor St da s Prov- Applicable to
oo„ ll/ U 0
Contracts Covering Federally Financed and Assisted Con � 'I In acco, e with the statute, 4-
contractors must be required to pay wages to laborers ° mechanics at a rate n than the r_
prevailing wages specified in a wage determination by the „ �cretary of Labor " dition,
contractors must be required to pay wages not less than a w he COUNTY ust place a
copy of the current prevailing wage determination issued „�eparfinent of Labor in each
solicitation. The decision to award a contact or subcontract e conditioned upon the acceptance
CY
of the wage determination. The COUNTY �' report all suspe r reported violations to the 4-
Federal awarding agency. The contractors in �� omply with bland"Anti-Kickback" Act
(40 U.S.C. 3145), as supplemented by De pa gulatio29 CFR Part 3, "Contractors Cr
and Subcontractors on Public Building or PubliWor ole or in Part by Loans or
Grants from the United State " required by �t, each actor or subrecipient is prohibited
,,,
from inducing, by any m e � a � on employe the con 'ruction completion, or repair of �,
public work, to give a art of ompensatio, o which he or she is otherwise entitled. The
COUNTY must repo al ected reported viola 9 to the Federal awarding agency.
,
When required by Fe" ' ° islati0 which includes emergency Management CL
Prepare
� t Pro Hom ��irity Grant Program, Nonprofit Security Grant
I Pro ' rill, �, elan'�ll������ rity Grant Program, Port Security Grant Program and Transit CY
S ri Grant Prod �'' it do� 9i//' t 1 to other FEMA rant and coo erative a reement U_
tY ( „rP Y g P g
s, including t ublic stance Program), the contractors, in contracts for (D
cons on or repair abo ' $2,000 in situations where the Davis-Bacon also applies,
�
must al" �' ' ply with t Copeland Anti-Kickback Act(40 U.S.C. § 3145), as
suppleme � - Depa gent of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractor Pu Building or Public Work Financed in Whole or in Part by Loans or
Grants from the States"). As required by the Act, each contractor or subrecipient is
prohibited from ucing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The COUNTY must report all suspected or reported violations to the
Federal awarding agency.
as
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 E
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
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Packet Pg. 3284
M.3.a
subcontracts the clause above and such other clauses as the FEMA may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses. c
(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.
Additionally, in accordance with the regulation, each contractor and s o tor must furnish
each week a statement with respect to the wages paid each of its e es engaged in work
covered by the Copeland Anti-Kickback Act and the Davis Ba P,Act the preceding
weekly payroll period. The report shall be delivered by the c trtor or sou tractor within
seven days after the regular payment date of the payroll CI Io arepresent Mof a Federal or
������ 2
State agency in charge at the site of the building or w c
iiffl :'°»,;,3701-3708 �11.2.4 Contract Work Hours and Safety Standards A � � ). here �
applicable, all contracts awarded by the COUNTY in exces J001000 that involve the
CY
employment of mechanics or laborers mu,s'' mply with 40 67 702 and 3704, as supplemented &_
by Department of Labor regulations (29 CF ��' Under 40rr11� 3702 of the Act each
rf rl as
contractor must compute the wages of every c /� d laborer o /, basis of a standard work
Cr
week of 40 hours. Work in excess of the stand wo p�� sible provided that the worker
is compensated at a rate of not less than one and°''�� hm� �� �� c rate of pay for all hours
worked in excess of 40 hou �� i��� �ork week. �requireme of 40 U.S.C. 3704 are applicable to
construction work and p ide tha aborer or m hanic must be required to work in surroundings as
or under working conk J which a unsanitary, h ' r us or dangerous. These requirements do
ji
not apply to the purchases ' �' Ali aterials or cles ordinarily available on the open market,
�
or contracts for tr ortati on""' sM igence. N
Compliance ° ' ct ours an�ctty Standards Act. N
(1) Overta quarem � � cont� or subcontractor contracting for any part of the contract U_
work w, ay require or ��, vet ��n, Ibyment of
J as
lab anics shall re e o it any such laborer or mechanic in
orers or r p
any workwee�� ,hich he or s' is employed on such work to work in excess
of forty hours in��, workwee nless such laborer or mechanic receives
compensation at a r� f, t less an one and one-half times the basic rate of
pay for all hours work ff f �ess of forty hours in such workweek.
(2) Violation; liability fo -npaid wages; liquidated damages. In the event of any
violation of the clause s t forth in paragraph 29 C.F.R. § 5.5(b)(1)the U_
contractor and any subcontractor 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 2
individual laborer or mechanic, including watchmen and guards, employed in
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
34
Packet Pg. 3285
M.3.a
to work in excess of the standard workweek of forty hours without payment of
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 0
contractor, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisf a
liabilities of such contractor or subcontractor for unpaid wages and li atec
damages as provided in the clause set forth in paragraph29 C.F.R. )(2).
(4) Subcontracts. The contractor or subcontractor shall insert in "//P,/P?;°�N��,,,
subcontracts the clauses set forth in paragraph 29 C.F.R. § 5. 1)throe' ) and also a clause
requiring the subcontractors to include these clauses in an
O//////////oolllo,, ,;;; ��
lower tier subcontracts. The prime contractor shall be r onsible for
compliance by any subcontractor or lower tier subc for witIf e clauses
%l%/////// ////i f,,,,,, " 11
set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4) ������,,,,
ii �
11.2.5 Rights to Inventions Made Under a Contract or A��ent. If the Federal award meets
, r
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the definition of"funding agreement" und�� /CFR §401.2 (a) �) e recipient or subrecipient 0
/���o o
wishes to enter into a contract with a small b rm or nonpr � ization regarding the U)
substitution of parties, assignment or perform /° ce mental d R 'opmental, or research work Cr
under that"funding agreement," the recipient o " ubre ply with the requirements of
37 CFR Part 401, "Rights to ons Made by rofit 'zations and Small Business Firms
Under Government Grant /'' ' nd Cooper a "ve Agreem nts," and any implementing P
regulations issued by arding/ cy. /j as
11.2.E Clean Air Act 42 �� 7 CL
and a Federal Water Pollution Control
Act(33 U.S.C. �,,
Contractor � s t �' with °� licable standards, orders or regulations issued pursuant CY
CY
to the Cl ?A §7401-7671q) and the Federal Water Pollution U-
Contras amended (3 .C. §§ -1387) and will report violations to FEMA/Federal as
Agency an propriate R . ';nal ice of the Environmental Protection Agency (EPA).
The Clean Air°ar,,,,, 42 U.S.C. 1-7671q.) and the Federal Water Pollution Control Act(33
U.S.C. 1251-138 ' mende applies to Contracts and subgrants of amounts in excess of
$150,000. The contra`, agr to include these requirements in each subcontract exceeding
$150,000 financed in w f °' r in part with Federal assistance provided by FEMA/Federal
agency. The contractors ees to report each violation to the COUNTY and understands and
agrees that the COUNTY will, in turn, report each violation as required to assure notification to
FEMA/Federal Agency and the appropriate EPA Regional Office.
11.2.7 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a E
"covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the government-
wide exclusions in the System for Award Management(SAM), in accordance with the OMB
guidelines at 2 CFR 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
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Packet Pg. 3286
M.3.a
suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549. 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 t00
lower tier covered transaction it enters into. This certification is a material representation of fact L_
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 reme °' vailable to the
COUNTY, the Federal Government may pursue available remedies, ' �dn ut not limited to
suspension and/or debarment. Bidders or Proposers agree to com the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C whil t is o{ valid and throughout the
period of any contract that may arise from this offer. The Bi er ,�Propo rther agrees to include
a provision requiring such compliance in its lower tier co � �II� n5actions.-,,,,,,,,,,����� 4
11.2.8 Byrd Anti-Lobbying Amendment(31 U.S. �2). Co rY actors that app �r�,� for an
award exceeding $100 000 must file the required certifi Eater certifies to t tier above that
it will not and has not used Federal appropriated funds to ��� ,�person or organization for
influencing or attempting to influence an gfficer or employee agency, a member of Congress, CY
officer or employee of Congress or an em�`," ° of a member o 1 , gress in connection with 4-
obtaining any Federal contract, grant or any r rd covered boi'� ��.C. 1352. Each tier must a
also disclose any lobbying with non-Federal ds1 s place in nection with obtaining any Cr
Federal award. Such disclosures are forwarded m t �� ' 1�,,'y e recipient who in turn will �
forward the certification(s)to arding agen award e ds $100,000, the attached
certification must be signi'l �rri° 'tted by the / ntractort he COUNTY.
i, d'�
11.2.9 Compliance th' urem of recovere � terials as set forth in 2 CFR § 200.322.
CL
0
CONTRACTOR must comp f t 02 of Solid Waste Disposal Act, as amended, by
the Resource C - �J n and very ��� equirements of Section 6002 include procuring CD
CD
only items gna- eline ll'1� e Environmental Protection Agency (EPA) at 40 CFR part CY
247 that tam highe the centa e vered materials practicable consistent with
1, r ,�G� �.
maint � �/ atisfactory le co on where the purchase price of the item exceeds $10 000
or the value �� quantity acc '', d du 'iig the preceding fiscal year exceeded $10,000;procuring
solid waste ma �� ent servic n a manner that maximizes energy and resource recovery; and
establishing an a ive pro ement program for procurement of recovered materials identified in
the EPA guidelines. pe rmance of this contract, the Contractor shall make maximum use of
products containing rec� materials that are EPA-designated items unless the product cannot be
acquired—
U_
1. Competitively within a timeframe providing for compliance with the contract performance
schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price. E
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-
procurement-guideline-cpg-program.
36
Packet Pg. 3287
M.3.a
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the
Solid Waste Disposal Act.
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
0
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 telec unications equipment is
telecommunications equipment produced by Huawei Technologies C any�br ZTE Corporation (or
any subsidiary or affiliate of such entities).
(i)For the purpose of public safety, security of govern faci physical security
surveillance of critical infrastructure, and other natio I urity pt video surveillance
and telecommunications equipment produced by munica ��„ Corporation, 4-
Hangzhou Hikvision Digital Technology Com or Dahua Technolo % mpany (or any
subsidiary or affiliate of such entities). /� °o,
ii Telecommunications or video surveillance s' es pr �*d by such enti �� s or using such
equipment. /////// ° ,,,;
(iii) Telecommunications or video surveillance equip or services produced or provided CY
ill ly,Al ""inby an entity that the Secretary of D a' consultatio the Director of the National 0
Intelligence or the Director of the Fe eau of Investi ,treasonably believes to be
an entity owned or controlled by, or otrw /% �ected to, tovernment of a covered Cr
foreign country.
���' ,
I'd,11fol P
11.2.11 Domestic prefer curements set forth 2 CFR§200.322. The COUNTY P
and CONTRACTOR s to the °� t extent pray,,`'cable provide a preference for the purchase
acquisition, or use of 0'"' „roduct r materials p ' ed in the United States (including but not
limited to iron, aluminum ° e "'"1 other m 'uuffactured products). These requirements of
this section in . �' ded i � 'uba�� ing contracts and purchase orders for work or CD
products un For' oses of this section: CY
( 'produced in t ited S �� " means for iron and steel products that all manufacturing
mil;,/ es, from the i melts '��age through the application of coatings, occurred in the
Unity ates.
(2) "1V1 ctured prod s» means items and construction materials composed in whole or in
part of no��„ ous metsuch as aluminum; plastics and polymer-based products such as
polyvinyl ch pi Maggregates such as concrete; glass, including optical fiber; and
lumber.
U_
11.3.0 Other Federal Requirements.
11.3.1 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with all
the requirements as imposed by the ADA, the regulations of the Federal government issued E
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
participate in the performance of contracts financed in whole or in part with COUNTY funds under
37
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M.3.a
this Contract. The DBE requirements of applicable federal and state laws and regulations apply to this
Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to
participate in the performance of this Contract. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The
COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race,
color, national origin or sex in the award and performance of contracts, entered pursuant to this t00
Contract.
as
11.3.3 The CONTRACTOR shall utilize the U.S. Department of Home curity's E-Verify
system to verify the employment eligibility of all new employees hir the CONTRACTOR
during the term of the Contract and shall expressly require any sub ;' tors or subconsultants
performing work or providing services pursuant to the Contract, ike �' �tilize the U.S.
Department of Homeland Security's E-Verify system to veri , t employ eligibility of all new
employees hired by the subcontractor or subconsultant du ontract
11.3.4 NRCS Regulations. NRCS administers the E o ram ou h the follo� `'' 'thorities: c
$ 111 lull„ g � cs
• Section 216 Public Law 81-516 (33 U.S.C. Sec 11�� Olb ���`�,,,
• Section 403 of Title IV of the Agricultural Credit °"""„ 78 1�ublic Law 95-334; and
• Section 382 Title III of the 1996E rm Bill Public La CY
4-127; and
• Codified rules for administration of"`� �° P program 0'��� orth in 7 CFR 624. 4-
off,,,,,,,,,
11.3.5 Access to Records: Contractor/Consu� �nt a uc transferees assignees, and Cr
�
subcontractors acknowledge and agree to comp twit � ovisions governing the
Department of Homeland Se HS) and thi eral Eme ncy Management Agency's
(FEMA) access to record Cc ocuments, i rmation, acilities, and staff.
Contractors/Consultan �� t 1. coo��ate with any mpliance review or complaint investigation
conducted by DHS 2.�Giv i acc to and the rig ` examine and copy records, accounts, and
other documents and sources ted the grant and permit access to facilities,
personnel, an rr�rr�' duals''' �of)rm may be necessary, as required by DHS CD
regulations 3ther a le la program guidance. 3. Submit timely, complete and accurate cY
reports e appropriate fficia �� maintain appropriate backup documentation to support
the re l//I1J/ jlIF
' l
11.3.6 DHS Sep ogo and F s: Contractor shall not use the Department of Homeland Security
seal(s), logos, cre ' reprod pion of flags or likeness of DHS agency officials without specific
FEMA approval.
oofo
11.3.7 Changes to Co act: The Contractor understands and agrees that any cost resulting from a
change or modification, change order, or constructive change of the agreement must be within the
scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for
the completion of the Project. Any contract change or modification, change order or constructive
change must be approved in writing by both the COUNTY and Contractor. E
11.3.8 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only. The
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Packet Pg. 3289
M.3.a
contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,
procedures, and directives.
11.3.9 No Obligation by Federal Government. The Federal Government is not a parry to this
contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity,
0
contractor, or any other parry pertaining to any matter resulting from the contract.
0
11.3.10 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor L_
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the contractor's actions pertaining to this contract.
11.3.11 The Contractor is bound by any terms and conditions of t rally-Funded Subaward and
Grant Agreement between County and the Florida Division of rge anagement.
11.3.12 The CONTRACTOR shall hold the Division and harml64J*inst all claims of
whatever nature arising out of the CONTRACTOR's p rmance of work unc��/ Agreement, to
the extent allowed and required by law.
Article 12. Non-Waiver of Immunity. Notwithstandingt �" "gsions of Section 68.28, Florida
Statutes, the participation of the CONTRACTOR and the C Y in this Contract and the CY
0
acquisition of any commercial liability ins coverage, self nce coverage, or local 4-
government liability insurance pool coverag � ' t be deemed / of immunity to the extent U)
ty g y ��'` the CO be required to contain any Cr
of liability coverage, nor shall an contract en e ���
provision for waiver.
Article 13. Privileges an ��'n s. All of they, ivile es a�immunities from liability,
g g n', �
exemptions from laws, ` ances, � .rules and pe/ ions and relief, disability, workers'
compensation, and of er "�its wh ` apply to the 'ty of officers, agents, or employees of any
public agents or employees 11 JJJ when orming their respective functions under this
Contract withi orial li ," Hof t "�' shall apply to the same degree and extent to the CD
performanc suc � s an (� es of such officers, agents, volunteers, or employees outside N
the territ - limits of the T��� �Jxo U
Article 14. Obligations i d Re , onsibilities -Non-Delegation of Constitutional or
Statutory Du ��1his Contra not intended to, nor shall it be construed as, relieving any
oil,,,,,,r
participating enti % any o ration or responsibility imposed upon the entity by law except to the
extent of actual an �rmance thereof by any participating entity, in which case the as
performance may be o �`"�°n satisfaction of the obligation or responsibility. Further, this Contract is
not intended to, no shal b e construed as, authorizing the delegation of the constitutional or
U_
statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state
statute, and case law.
Article 15. No Personal Liability. No covenant or agreement contained herein shall be deemed to be E
a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her 0
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Contract or be subject to any personal liability or accountability by reason of the
execution of this Contract.
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Packet Pg. 3290
M.3.a
Article 16. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Contract to enforce or attempt to enforce any third-parry claim or
entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR
and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or
0
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under this 0
Contract separate and apart, inferior to, or superior to the community in general or for the purposes as
contemplated in this Contract.
Article 17. Governing Law,Venue, Interpretation, Costs and Fee is��C�°�intract shall be
governed by and construed in accordance with the laws of the Stat l rida applicable to contracts
made and to be performed entirely in the State. In the event that ca� action or administrative
proceeding is instituted for the enforcement or interpretation f Conn" / 1 OUNTY and
CONTRACT agree that venue shall lie in the 161h Judicia '� '„ onroe Florida, in the 4-
appropriate court or before the appropriate administrat ody. This Contracts � of be subject to
arbitration. Mediation proceedings initiated and con �'' pursue to this Contra be in
accordance with the Florida Rules of Civil Procedure a�U al a� stomary proce res required
by the circuit court of Monroe County. �
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Article 18. Attorneys Fees and Costs. T LINTY and CO��1CTOR agree that in the event
any cause of action or administrative proce or defer°',,�� any party relative to the
enforcement or interpretation of this Contract e e p party sh e entitled to reasonableCr
i
attorney's fees, court costs, investigative, and o -Of- � " as an award against the non- �_
prevailing party, and shall in ttorney's feesf� s costs, estigative, and out-of-pocket
expenses in appellate pro ml �f� >
Article 19. Adjudica ion isput or Disagree The COUNTY and CONTRACTOR agree
CL
„„, ���
that all disputes and disagree l` Is �� empte r o be resolved by meet and confer sessions
between repres �� f eac �j e pa �� issue or issues are still not resolved to the CD
satisfaction a pa�� n an ��, shalt have the right to seek such relief or remedy as may beCY
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provide 'this Contract j "Ion' f° phis provision does not negate or waive the preceding CYU_
provis-r ,� I is Contract c ing t ' ination or cancellation.
Article 20. CO tion. In th ent any administrative or legal proceeding is instituted against
either party relatin°; � he form 1 on, execution,performance, or breach of this Contract, COUNTY
R"" �
and CONTRACTO e t �"rticipate, to the extent required by the other party, in all proceedings,
hearings,processes in °° `�and other activities related to the substance of this Contract or
provision of the services, rider this Contract. COUNTY and CONTRACTOR specifically agree that
no parry to this Contract shall be required to enter into any arbitration proceedings related to this
Contract.
Article 21. Severability. If any term, covenant, condition or provision of this Contract(or the E
application thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Contract, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Contract shall be valid and shall be enforceable to the fullest extent permitted by law
40
Packet Pg. 3291
M.3.a
unless the enforcement of the remaining terms, covenants, conditions and provisions of this Contract
would prevent the accomplishment of the original intent of this Contract. The COUNTY and
CONTRACTOR agree to reform the Contract to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
0
Article 22. Authority. Each parry represents and warrants to the other that the execution, delivery
and performance of this Contract have been duly authorized by all necessary County and corporate 0
action, as required by law. as
Article 23. Binding Effect. The terms, covenants, conditions, and provi ' of this Contract shall
bind and inure to the benefit of the COUNTY and CONTRACTOR a ubctractors and their
respective legal representatives, successors, and assigns
Article 24. Attestations and Truth in Negotiation. CONT �OR a ii �� execute such
„ „ Il, 0
documents as COUNTY may reasonably require, includi h� Entity Statement, an
Ethics Statement, and a Drug-Free Workplace Stateme ignature of this Con y
0
CONTRACTOR shall act as the execution of a trut otiatio certificate static swage rates
and other factual unit costs supporting the compen' tiof want 111 f1r e Contract are curate,
complete, and current at the time of contracting. The origi � ' act price and any'additions thereto
shall be adjusted to exclude any significant sums by which th ncy determines the contract price CY
was increased due to inaccurate incomp lets° oncurrent wage '' and other factual unit costs. All 0
such adjustments must be made within one �� / - ing the end��� �' contract. U)
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Article 25. Section Headings. Section headiA ave �ed� this Contract as a matter of °'
convenience of reference onl it is agreed ti sects adings are not a part of this
Contract and will not be u � ��!�. terpretation ,� any provi on of this Contract.
Article 26. Executio 'in terp s. This Contra ' ay be executed in any number of
ar t ,.
counterparts, each of which b as an o mal, all of which taken together shall
�� l ���
constitute onW,/,p/ e ins nt a ��� e parties hereto may execute this Contract by CD
signing any � % CY
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In Wi � hereof, the pa 'l have e died this Contract as indicated below. (D
(SEAL) ��
KEVIN MADOK, CLEN���,, BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
U.
Deputy Clerk David Rice, Mayor
as
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WITNESSES:
1. By:
Print Name: Print Name:
41
Packet Pg. 3292
M.3.a
2. Title:
Print Name:
0
STATE OF
0
COUNTY OF
as
The foregoing instrument was acknowledged and attested before me this day of M
2023, by who is personall � to me or produced
as proof of identification and di ea oath.
M
Notary Public Seal 0
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Notary Public Seal
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Print Name �ffffff ///
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M.3.a
SECTION THREE: COUNTY FORMS
(FORMS TO BE SUBMITTED WITH TABBED INFORMATION- SEE SECTION 1.11)
i2
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ATTACHMENT A
as
Certification Regarding Debarment or Suspension
In compliance with Agreements and grants agreements appli under the U.S. Federal
Awards Program, the following certification is required by all "�` s submitting a proposal
in response to this Request for Proposal:
t
1. The Proposer certifies, to the best of its knowler nd4belief, that iYt r the Proposer U)
nor its Principals are suspended, debarred, pro �d for debarment or d �t� d i eligible r_
s fede " government °'e ent or
for the award of Agreements from the Unite '„ g p,
non-procurement programs, or are listed in the E' ,�t d P � ���ist System the System
for Award Management(SAM) issued by the Genera �� �r ces Administration.
2. Principals, for the purposes of f rtification m �'� officers, directors, owners,
partners, and persons having primary �� 's° nt or super�`�,,� responsibilities within a
business entitymana er ���` l t head an(e.g., general g / 1 a subsidiary, division, or Cr
business segment, and similar positions).
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3. The Proposer s pr immediate rltten no ce to the MCBOCC Director of >
Purchasing if, at time p� to award, t Proposer learns that this certification was
i
erroneous when a or h ecome erron �' Eby reason of other circumstances. CL
cam.
/0/op ,f
4. This c is a fW �' n of fact upon which reliance will be placed CD
i r
when mg �. d. I � rz later determined that the Proposer rendered an erroneousCY
ce ation in adcCffo oth "" ies available to MCBOCC's Director of Purchasing
1f
mate the Agr nt resu J N�from this solicitation for default.
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Printed Name""""'�,� present ve:
/ GPI,,,
Signature/Date:
Company Name:
Address:
as
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City/State/Zip:
SSN or EIN No:
43
Packet Pg. 3294
M.3.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:
1. It is a reputable company regularly engaged in providing goods and/or services necessary to 0
meet the requirements, specifications,terms, and conditions of the RFP and Agreement. t&-
as
119
2. It has the necessary experience, knowledge, abilities, skills, and esources to satisfactorily
perform the requirements specifications terms and conditions o P and the Agreement.
Further, if awarded, Proposer agrees to perform the require , specifications, terms, and
conditions of the RFP and Agreement.
as
3. All statements, information, and representations pre pat and sf ed in response to the
RFP are current, complete, true, and accurate. Pro ��� anowle ��at Monroe County 0
Board of County Commissioners' (MCBOCC) rely fin such statern information, and 0���G
representations in selecting the success 2ful prop � r(s). �,,,
4. That the prices quoted shall be MCBOCC'a pri � or th � �duct and/or sef�es for the time
stated in the RFP. � ,,,,;;;/ /�
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5. It shall be bound by all statement /representations, jties, and guarantees made in its
Proposal. � sir, /������ p%;;,
6. Proposer acknowledges that the Agr� e�l be cancele I dny time, if any conflict of �
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interest or appearance of a conflict of inf .est s%�l�i�� ed b CBOCC,in its sole discretion. as
7. All purchase orders �e duly autho wand exe by MCBOCC and subject to the
terms and conditi � and Agree
as
13
%� s s ,� s s B chec� ox o,er agrees t C.BOC.C. reserves the right to extend the
b g � a g �
terms,conditio d f this Agre , dent to other Institutions (such as State,Local
D �lftrf ,„
and/ ublic M ' , 'interest in participating in any Agreement that N
is of the back institutions will issue their own purchasing 04
04
ocuments 1 ��ne g � services. Proposer agrees that MCBOCC shall bear no CY
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r esponsibility iabili ,%any agreements between Proposer and the other
stitution(s) wh � sire to rcise this option. as
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VENDOR L NAME: �I
AUTHORIZED S TUR DATE:
PRINT NAME: TITLE:
Jr U-
ADDRESS: CITY, STATE, ZIP:
PHONE: EMAIL:
as
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Packet Pg. 3295
M.3.a
ATTACHMENT C
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY,FLORIDA
c�
ETHICS CLAUSE 0
U
(Company)
"...warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer M
or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase
price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the 0
former County officer or employee." U)
2
(Signature)
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Date:
0
4-
STATE OF:
cr
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
c14
has produced (type of identification)as identification. c14
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NOTARY PUBLIC
CU
My Commission Expires:
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Packet Pg. 3296
M.3.a
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
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I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that: 0
U
I am of the firm of_
the respondent making the Proposal for the
project described in the Notice for Calling for bids for:
and that I executed the said proposal with full authority to
do so:
The prices in this bid have been arrived at independently without collusion, consultation, 0
communication or agreement for the purpose of restricting competition, as to any matter relating
to such prices with any other respondent or with any competitor;
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Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent CY
prior to bid opening, directly or indirectly, to any other respondent or to any competitor; and 0
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No attempt has been made or will be made b the respondent to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition; and
The statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
Agreements for said project.
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(Signature of Respondent) (Date)
STATE OF:
CU
COUNTY OF:
CU
Subscribed and sworn to(or affirmed)before me,by means of❑physical presence or❑online
notarization, on (date)by CU
3:
(name of affiant). He/She is personally known to me or
has produced (type of identification)as identification.
NOTARY PUBLIC
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My Commission Expires:
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Packet Pg. 3297
M.3.a
ATTACHMENT E
DRUG-FREE WORKPLACE FORM
0
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business) U
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
a�
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
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3. Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
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4. In the statement specified in subsection (1), notifies the employees that, as a condition of
0
working on the commodities or contractual services that are under bid, the employee will abide 0
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted. N
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6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section. 0
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As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
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 E
identification)as identification.
NOTARY PUBLIC
My Commission Expires:
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Packet Pg. 3298
M.3.a
ATTACHMENT F
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity 0
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 U
a contract with a public entity for the construction or repair of a public building or public work,may not submit bids a�
on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier,
subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any 2
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
a�
I have read the above and state that neither (Respondent's name) nor any Affiliate has
been placed on the convicted vendor list within the last 36 months.
4-
U)
2
(Signature)
Date: CY
0
U)
STATE OF: Cr
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on
(date) by (name of affiant). CL
He/She is personally known to me or has produced (type of +�
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identification)as identification. c14
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NOTARY PUBLIC
My Commission Expires:
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48
Packet Pg. 3299
M.3.a
ATTACHMENT G
Scrutinized Companies List
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS 0
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Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
0
City: State: Zip: U)
Phone Number:
Email Address:
Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or
renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on CY
the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is 0
engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on,
submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more,that
are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities c
in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473,Florida Statutes,or is engaged
in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the
Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List,or engaged in business operations in Cuba or Syria. y
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject C14
company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may C14
be terminated,at the option of the County,if the company is found to have submitted a false certification or has been U-
placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: who is authorized to sign on
behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note:The List are available at the following Department of Management Services Site:
U ;, vvw.� YrY ny�C Y CCIYY�7Y.�I.Yb� qm tg7l_.., Y . . tn, hasii ,/v Yb�or- irifor-inatiori�coC
r1;L,Yct�Y ru �rr ,��� discrindrratory carry plaints veridor list
APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING
E
LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
49
Packet Pg. 3300
M.3.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 0
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 0
"Disclosure Form to Report Lobbying," in accordance with its instructions. U)
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all CY
subrecipients shall certify and disclose accordingly. This certification is a material 0
representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The Contractor , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, N
Administrative Remedies for False Claims and Statements, apply to this certification and N
disclosure, if any. U-
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official Date
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Packet Pg. 3301
DISC."LOSIURE Of LOBBYING ACMITTE S
C'C)MK_7'77'7:-J7Z Af TO DUKLOSE,1 0MYNG kC,rv.=s Pumsu u u.� TO 3 1 USA'� I 152
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L, T'i,-p ex e,of Fed -d Actiomr 2 Status of om�Fedex-d _Act 1, Repon. TN,-pe,:
a contract =a.bA'offer'apphca6?om =a inihal.
b grain b �mrfinlawazd b uuteha]change,
"zopEm"live,agpRMAW po-'l-dward
d lom For I faieriall Cluage.Only:
e. Loan p1mantee yam_ quarter 0
f roam.invuM.:e date of mast laparr u
4. No mj?.and Address af'RAWrting Emfity S.
Eat ex Name and Iddress,of Prim:
El Ptmla
T�iEr if know,
Cam.gresumal Distrixt,ifkmowm Coagressiamall District,if known
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6. FediErA,DepartmesUAgenicy: Fedimil,Pragram.NAM&Sesillipboa 4—
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CTDA.N'ambex,ffappIcabLe cis
0. FL-djual Acti)mm Number,if knvwu: pa Award Amount,if hmovm:
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11 ai. Namit,and ld&esss of Lobly Eatit U)F y b. luldhidt'alsperfbEming semiles (ind)mIng
(If injividada2,IME'l Maine,first name,,ml;� adJzeis ifIfferein from.No. I On)
CA, U- mume,first mule" m 1� cr
(atuch Cocimuzifion Sheet.(-i4��if necesizn,��
11. Amount of'Piymmient Ir,all thai applly), 13.
F-1 Ply mb-.d F—I a reminer M
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12. Fam of Paymemi(chmi:all ffixt sWy): C. Coumlis-rjou C14
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F-1 a ":a sh, d. contingent Le U-
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vd�le f, othau,specift
14. Rrief"Descriplinmi of'Sertices Perfurmed aT to b*perfdrmjed and Diate(s)of Sedmile,including
offile*)",emplol*S)",mr membey(s)coatalited,for P&Tmat hldicated in It 11:
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(atlach Coirtmuzibm Sheet(s" if mecessan,') cu
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F=qumt to 3 1 U,S'C� 13 5 2, M.".mufmm Z6,313 m'lu b'4 r;pc&Qd to Ccmg;fia%Gmim=H r-v�md.will by umilablg,f6�r E
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2-6c IPAIR7 III Packet Pg. 3302
M.3.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 foram is required for
such payment or agreement to make payment to lobbying entity for influencing or atterupting to influence an officer or employee of any
agency,a Meimber of Congress an officer or employee of Congress or an employee of a Meimber of Congress in connection with a covered
Federal action. Attach a continuation sheet for additional information if the space on the foram is inadequate. Complete all items that apply �
for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and 0
Budget for additional information. U
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,
the outcome of a covered Federal action. �
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last,
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the
tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to t)
subcontracts,subgrants and contract awards under grants. 0
5. If the organization filing the report in Iterm 4 checks"Subawardee"then enter the full name,address,city,state and zip code of
the prime Federal recipient. Include Congressional District,if known. ;—
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below �
agency name,if known. For example,Department of Transportation,United States Coast Guard. �
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7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of L_
Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 4-
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I(e.g., Request for U)
Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement nurnber,the contract grant.or loan award number, �
the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." �
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. a Enter the full name,address,city,state and zip code of the lobbying entity engaged b the reporting entity identified in item 4 to �
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influenced the covered Federal action. qp
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last �
Name,First Name and Middle Initial(MI). �
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity
(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is N
a material change report,enter the cumulative amount of payment made or planned to be made. Q
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12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature CY
and value of the in-kind payment. LL
13. Check the appropriate box. Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal
officials. Identify the Federal officer(s)or ermployee(s)contacted or the officer(s)ermployee(s)or Meimber(s) of Congress that
were contacted.
15. Check whether or not a continuation sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number. �
Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of LL
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project
(0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- q�s
90«ENDIF»
2-6d PART 2/COUNTY cs
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Packet Pg. 3303
M.3.a
Attachment H
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INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below.The following deductibles apply to the 0
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corresponding policy,
POLICY DEDUCTIBLES
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Liability policies are Occurrence Claims Made
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Insurance Agency Signature U)
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BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the 0
requirements.
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Bidder's Name and Title sigl�amn-e cN
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Company Name: U-
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................
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Packet Pg. 3304
M.3.a
Attachment I
Respondent's Insurance and Indemnification Statement
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Insurance Requirement Required Limits
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Worker's Compensation $100,000 Bodily Injury by Accident 0
$500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Injury by Disease, each employee
Employer's Liability- Statutory limits
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Jones Act Coverage
Recognizing that the work governed by this contract involves Maritime Operations, the
CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims U)
subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than $1
Million. 2
The CONTRACTOR shall be permitted to provide Jones Act Coverage through a separate
Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than CY
would have been provided by a Workers' Compensation policy. 0
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General Liability Coverage shall include, as a minimum:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Minimum limits acceptable shall be:
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: Q
$200,000 per person CY
$300,000 per occurrence
$200,000 property damage 0
CU
Vehicle Liability As a minimum, liability coverage for: Owned, Non-Owned and
hired Vehicles. The minimum limits acceptable shall be: CU
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: CU
$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
Damage to Fixed or Movable Objects
Contractual Liability with Respect to this Contract
The minimum limits acceptable shall be:
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Packet Pg. 3305
M.3.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
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The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements. U
INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
Respondent covenants and agrees that he shall defend, indemnify and hold the County and the County's
elected and appointed officers and employees harmless from and against (i) any claims, actions or
causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or U)
sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Respondent or
any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement,
(B) the negligence or willful misconduct of Respondent or any of its employees, agents, respondents in
any tier or other invitees, or (C) Respondent's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent
acts in part or omissions of the County or any of its employees, agents, contractors or invitees (other than
RESPONDENT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a
result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall
indemnify the County from any and all increased expenses resulting from such delay.
In the event the work under this Agreement 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 N
from any and all increased expenses resulting from such delay. N
The first ten dollars ($10.00)of remuneration paid to the Respondent 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 agreement. `U
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Packet Pg. 3306
M.3.a
RESPONDENT'S STATEMENT
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1 understand the insurance that will be mandatory if awarded the contract and will comply in full with all
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the requirements.
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Respondent Signature Date
STATE OF:
COUNTY OF:
Subscribed and sworn to before me on (date) by
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(name of affiant). He/She is personally known g
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to me or has produced (type of
identification) as identification.
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NOTARY PUBLIC
My Commission Expires:
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Packet Pg. 3307
M.3.a
SECTION FOUR: INSURANCE REQUIREMENTS
Insurance Requirement Required Limits
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Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Injury by Disease, each employee is
Employer's Liability- Statutory limits 0
Jones Act Coverage
Recognizing that the work governed by this contract involves Maritime Operations, the
CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims
subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than $1
Million. 0
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The CONTRACTOR shall be permitted to provide Jones Act Coverage through a separate
Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than
would have been provided by a Workers' Compensation policy.
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General Liability Coverage shall include, as a minimum:
Premises Operations 0
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Minimum limits acceptable shall be:
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence ,
$200,000 property damage Q
N
CY
Vehicle Liability As a minimum, liability coverage for: Owned, Non-Owned and
hired Vehicles. The minimum limits acceptable shall be: 0
$300,000 Combined Single Limit CU
If split limits are provided, the minimum limits acceptable shall be: >%
CU
$200,000 per person
$300,000 per occurrence
CU
$200,000 property damage
Water Craft Liability Coverage shall include, as a minimum:
Injury (including death)to any Person
Damage to Fixed or Movable Objects
Contractual Liability with Respect to this Contract E
The minimum limits acceptable shall be:
CU
$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.
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Packet Pg. 3308
M.3.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.
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All insurance coverages shall be maintained throughout the entire term of the contract.
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Packet Pg. 3309