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Item C38 C.38 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: C.38 Agenda Item Summary #11589 BULK ITEM: Yes DEPARTMENT: Solid Waste TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan (305) 292-4536 N/A AGENDA ITEM WORDING: Approval to extend the Disaster Response and Recovery Agreement with DRC Emergency Services, LLC for debris removal at the same terms and conditions to October 30, 2024. ITEM BACKGROUND: The County and DRC Emergency Services, LLC (DRC) entered into an Agreement for Disaster Response and Recovery Services on October 30, 2017 (Agreement), an addendum to the Agreement was entered into on December 14, 2017, and an Amendment to the Agreement was entered into on August 17, 2022, extending the Agreement for 7-months to May 31, 2023. The Agreement provides that the County shall have the option of extending the Agreement in one-year increments for up to five additional years at the same terms and conditions. The County desires to extend the agreement and the DRC has agreed. This Amendment and Extension extend the Agreement at the same terms and conditions to October 30, 2024, unless otherwise terminated under the provisions provided for herein. The federal Emergency Management Agency (FEMA)requires that a debris contract is in place during disaster recovery. DRC provided debris removal services during Hurricane Irma recovery and successfully performed the service as tasked. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners approved the Original Agreement for Disaster Response and Recovery Services on October 30, 2017. The Board approved addendum 1 to the Agreement of Disaster Response and Recovery Services on December 14, 2017, retroactive to October 30, 2017. The Board approved an Amendment and Extension to the Agreement on August 17, 2022. CONTRACT/AGREEMENT CHANGES: Extend Contract of Debris Removal STAFF RECOMMENDATION: Approval Packet Pg. 1643 C.38 DOCUMENTATION: DRC 10_30 2017 Agreement Extension with DRC -1 18 23 signed DRC 2017 (5 Year Contract) 1 st Addendum 01172018 2022 08 COI DRC Signed Exp 3 312023 Amendment 08_17_2022 DRC FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: N/A REVIEWED BY: Cheryl Sullivan Completed 01/04/2023 12:23 PM Christine Limbert Completed 01/04/2023 12:41 PM Purchasing Completed 01/04/2023 12:44 PM Budget and Finance Completed 01/04/2023 2:45 PM Maria Slavik Completed 01/04/2023 4:20 PM Lindsey Ballard Completed 01/05/2023 11:47 AM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 1644 C' .,"qp. 00 Kevin Madok, CPA Clerk of the Circuit Court& Com trollerMonroe County Florida County, DATE: November 17, 2017 TO: Breanne Erickson Engineering Services FROM: Pamela G. Hancock, D.C. a� SUBJECT: November 14th BOCC Meeting U) Attached is an electronic copy of Item G3, Agreement with DRC Emergency Services, 4- LLC to provide Disaster Response and Recovery service and to perform services in the area of 0 NMI 6- MM40 as needed in order to continue debris collection and hauling in this area upon g removal of the Florida Department of Transportation contractors that were previously handling debris services, for your handling. x c� Should you have any questions, please feel free to contact me at ext. 3130. Thank you. 0 U U 0 cc: County Attorney 2 Finance File V- N i i V- U E c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1645 C.38.a Agreement for Disaster Response and Recovery Services AGREEMENT FOR DISASTER RESPONSE AND RECOVERY SERVICES This Agreement ("Agreement") made and entered into this ay of DM , 2017 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND DRC Emergency Services, LLC, a Florida Foreign Limited Liability Company, whose address is 13 Evia Main, Galveston, TX 77554 its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: X WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Disaster Response and Recovery Services; and 0 WHEREAS, CONTRACTOR has agreed to provide professional services which shall include but not be limited to providing Disaster Response and Recovery Services, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, .and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE 1 c� 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: U 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and 1 Packet Pg. 1646 C.38.a Agreement for Disaster Response and Recovery Services comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Time is of the essence in this contract, providing services under this agreement as quickly as possible is of utmost importance to the COUNTY. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, W or regulating the provisions of such services, including those now in effect and hereinafter W adopted. Any violation of'said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to.the CONTRACTOR. 1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find X UJ the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 0 1.1.7 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, W in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. os E 1.1.8 The effective date of this AGREEMENT shall be October 30, 2017. The term of the AGREEMENT shall be for a five year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one year increments for up to five additional years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written i Amendment to the AGREEMENT and shall be executed by both parties. i ARTICLE II W SCOPE OF BASIC SERVICES U 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, and the time within which services must be performed. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES 2 Packet Pg. 1647 C.38.a Agreement for Disaster Response and Recovery Services The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its subCONTRACTORs, or both. 2.3 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 agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Kevin Wilson, P.E. Assistant County Administrator 1100 Simonton Street Key West, Florida 33040 os And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 X For the CONTRACTOR: 1 LLC i3evd. 51s ARTICLE III E ADDITIONAL SERVICES a 3.1 The services described in Article III that may be provided by the CONTRACTOR (provided for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic i Services but only if approved by the COUNTY before commencement. c� A. Providing services of CONTRACTOR for other than the previously listed scope of the Project provided as a part of Basic Services. as E B. Providing any other services not otherwise included in this Agreement or not customarily U furnished in accordance with generally accepted debris recovery operations. B. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. 3 9 Packet Pg. 1648 C.38.a Agreement for Disaster Response and Recovery Services ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, and any available maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 0 4.3 Prompt written notice shall be given by the COUNTY and its representative to. the E CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4- 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of the contractors. X UJ 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subcontractors 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 responsibility for the accuracy, adequacy, 0 fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. as 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services E provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 4 Packet Pg. 1649 C.38.a Agreement for Disaster Response and Recovery Services The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 0 E 6.1 PERSONNEL os �a The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named 4- individuals will perform those functions as indicated: c c NAME FUNCTION utl ityc VP CF CiSv�o1 icunCe_ `Q �vu� uV-) Vp 61. i2e MV, c� a So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. If they are replaced the CONTRACTOR shall notify the COUNTY of the change immediately. i ARTICLE VII c� COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, 5 Packet Pg. 1650 C.38.a Agreement for Disaster Response and Recovery Services compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONTRACTOR'S invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require, including but not limited to back up documentation sufficient for reimbursement of expenses by FEMA or other governmental agencies. as (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, W 218.735, Florida Statute. as 7.3 REIMBURSABLE EXPENSES Rates shall be inclusive of all reimbursable expenses. 7.4 BUDGET X U 7.4.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the W- Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE AND BONDS 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required c� insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. .8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONTRACTOR shall obtain and maintain the following policies: 6 Packet Pg. 1651 C.38.a Agreement for Disaster Response and Recovery Services A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of$1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with Five Million Dollars ($5,000,000.00) combined single limit and Five Million Dollars ($5,000,000.00) annual aggregate. 0 D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with Five Million Dollars ($5,000,000) per occurrence and annual aggregate. as An Occurrence Form policy is preferred. If coverage is changed to or provided on a UJ Claims Made policy, its provisions should include coverage for claims filed on or after U the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. c� E. Pollution Liability insurance of Five Million Dollars ($5,000,000.00) per occurrence and Ten Million Dollars ($10,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. i G. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all U insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. 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. 8.4 The Contractor shall furnish a Performance and Payment Bond in a form acceptable to the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The 7 Packet Pg. 1652 C.38.a Agreement for Disaster Response and Recovery Services Performance and Payment Bond shall be in an amount of at least Five (5) Million Dollars ($5,000,000.00) and may be adjusted as needed to equal to the contract price. The Contractor shall produce a performance bond upon execution of the contract. Upon request by the County the Contractor shall provide an Performance and Payment Bond in the adjusted amount to equate the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. If contract amendments render the contract more than ten (10%) percent higher than the bond amount, the Contractor shall increase the bond amount to cover the entire difference. ARTICLE IX MISCELLANEOUS 0 E 9.1 SECTION HEADINGS Mn Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS X UJ The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. c� 9.3 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns i and legal representatives of such other party. c� 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. U 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the I other party sixty(60) days written notice of its intention to do so. 8 Packet Pg. 1653 C.38.a Agreement for Disaster Response and Recovery Services C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five(5)calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR 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 the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for E as violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. Mn as D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one (1)weeks' notice to CONTRACTOR. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior 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. Uj x If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to 0 CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY 0 reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's , False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.6 CONTRACT DOCUMENTS This contract consists of the Proposal Statement, any addenda, the Form of Agreement (Articles I-IX), the CONTRACTOR'S response to the RFP, the documents referred to in the i Form of Agreement as a part of this Agreement, and attachments , and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the c� CONTRACTOR will control. 9.7 PUBLIC ENTITIES CRIMES E U A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being % placed on the convicted vendor list. 9 Packet Pg. 1654 C.38.a Agreement for Disaster Response and Recovery Services By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. 0 CONTRACTOR will promptly 'notify the COUNTY if it or any subcontractor or W CONTRACTOR is formally charged with an act defined as a "public entity crime" or W has been placed on the convicted vendor list. as 9.8 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from X UJ the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, 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. 9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS, AND FEES i This Agreement shall be governed by and construed in accordance with the, laws of the i State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16t' Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, 10 Packet Pg. 1655 C.38.a Agreement for Disaster Response and Recovery Services conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEYS FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 0 9.12 BINDING EFFECT U) The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 0 9.13 AUTHORITY U) Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 0 9.14 CLAIMS FOR FEDERAL OR STATE AID U U CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved E by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS N COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute or c) claim. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision E does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 11 Packet Pg. 1656 C.38.a Agreement for Disaster Response and Recovery Services 9.17 NONDISCRIMINATION /EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as U) amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 0 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The a Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act.of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The c0 Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from U time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 C14i Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at i 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment c- Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment 12 1 W Packet Pg. 1657 C.38.a Agreement for Disaster Response and Recovery Services without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. c 4) The contractor will send to each labor union or representative of workers with which it has a W collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, 0 and shall post copies of the notice in conspicuous places available to employees and 9= applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of c0 September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. E 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, 0 terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order CN 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. U 9.18 COVENANT OF NO INTEREST E CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse 13 Packet Pg. 1658 C.38.a Agreement for Disaster Response and Recovery Services of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or U) consideration. 9.21 PUBLIC ACCESS. 0 a Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with c0 this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration,of the contract. 0 The Contractor is encouraged to consult with its advisors about Florida Public Records Law I- T-in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. c) (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. 14 \hy Packet Pg. 1659 C.38.a Agreement for Disaster Response and Recovery Services All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time th may be subject to penalties under section119.10, Florida Statutes. os The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF X CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY. BRIAN(aD-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY as Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for i waiver. i 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be 15 \V� Packet Pg. 1660 C.38.a Agreement for Disaster Response and Recovery Services offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be' entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits W under this Agreement separate and apart, inferior to, or superior to the community in W general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the X execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be i liable personally on this Agreement or be subject to any personal liability or accountability i by reason of the execution of this Agreement. c� 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 9.29.1 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When applicable as required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 16 Packet Pg. 1661 C.38.a Agreement for Disaster Response and Recovery Services 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, 0 "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each U) contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must - report all suspected or reported violations to the Federal awarding agency. a U) 9.29.2 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every t0 mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. i 9.29.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or U nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 17 Packet Pg. 1662 C.38.a Agreement for Disaster Response and Recovery Services 9.29.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.29.6 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any 0 person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or U) an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with 0 obtaining any Federal award. Such disclosures are forwarded from tier to tier up to a the non-Federal award. U) 9.29.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.- CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of 0 the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the U highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that E maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. cN i Other Federal Requirements: V_ U 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of Zi the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that 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 Agreement. 9.30 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or 18 Packet Pg. 1663 C.38.a Agreement for Disaster Response and Recovery Services providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly -!auth_orized�,A}Cepresentative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS �- Attest K.EVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA > �G`a'•.`.� CJ yJ JJ.GeV v By: AIM99 n� Deputy Clerk Mayor/Chairman �n 0 Date: �/I tv-,., � 'f z'17 X (Seal) CONTR CT R Attest: BY: NftW By: U U Title: � � 6'Yl /1�0P/1 Title: `F»7 M MONROE C76asteesi. --t�.3 Cl) Q I By: County Administrator U Ratified by the Board of County Commissioners on -November 14 2017_ c� END OF AGREEMENT MONROE COUNTY ATTORNEY nt o M P O\ D S T ORl� CMUSTINE LAMBERT-BARROWS ASSISTANT COUNTY ATTORNEY DATE: f 1 19 Packet Pg. 1664 C.38.a Agreement for Disaster Response and Recovery Services ATTACHMENT A SCOPE OF WORK AND PRICING 0 4- 0 a U) x u 0 u u E cN i M i u E c� 20 Packet Pg. 1665 C.38.a Agreement for Disaster Response and Recovery Services In the event of a disaster, upon Notice to Proceed from the COUNTY, the CONTRACTOR shall be responsible for providing emergency debris clearance (PUSH), Debris Recovery (loading and hauling of disaster related debris), management of Temporary Debris Storage and Reduction sites (TDSR), and tree stump and limb removal. All disaster response and recovery services shall be performed in compliance with FEMA and FHWA guidelines. Documentation and reports of work performed shall be in a form suitable for FEMA reimbursement. These tasks may include, but are not limited to: A. Emergency Debris Clearing from County Rights of Way and Facilities • Immediately after a disaster, .provide all necessary equipment, tools and personnel os to clear primary roads and critical government facilities of debris to allow emergency Mn vehicles access to areas in need of assistance as directed by the County. Debris should be stacked along the edge of pavement on the shoulder of the road and not blocking driveways, side streets or utilities of any kind. • Emergency Debris Removal may require loading the debris, hauling the debris to an approved dumpsite, and dumping the debris at the approved dumpsite. Provide daily reporting to include cumulative, daily, and hourly statistics detailing type of equipment and personnel used Uj U Pricing for Emergency Debris Clearing equipment shall be at the hourly rates detailed as follows (equipment operator included): c� Equipment Type Hourly Equipment Rate Bobcat Loader $120.00 Bucket Truck w/Operator $275.00 os Crash Truck w/Impact Attenuator $185.00 Dozer, Tracked, D5 or similar $190.00 Dozer, Tracked, D6 or similar $290.00 04 Dozer, Tracked, D7 or similar $450.00 Dozer, Tracked, D8 or similar $500.00 i Dump Truck, 18 CY-25 CY $125.00 Dump Truck, 25 CY-35 CY $135.00 Dump Truck, 35 CY-45 CY $145.00 Dump Truck, 50 CY or larger $175.00 E Generator and Lighting $100.00 Grader w/12' Blade $290.00 Hydraulic Excavator, 1.5 CY $185.00 .Hydraulic Excavator, 2.5 CY $195.00 Knuckleboom Loader $270.00 Equipment Transport $150.00 Mobile Crane (Adequate for hanging limbs/leaning trees) $240.00 Pickup Truck, .5 Ton $40.00 21 Packet Pg. 1666 C.38.a Agreement for Disaster Response and Recovery Services Truck, Flatbed $115.00 Water Truck $120.00 Wheel Loader, 2.5 CY, 950 or similar $180.00 Wheel Loader, 3.5 —4.0 CY, 966 or similar $190.00 Wheel Loader, 4.5 CY, 980 or similar $200.00 Wheel Loader-Backhoe, 1.0— 1.5 CY $175.00 Track Hoe, John Deere 690 or similar $185.00 Stump Grinder $350.00 30 ton or larger Crane $395.00 Labor rates for emergency debris clearing and other work directed by COUNTY which require hourly billing shall be invoiced as follows: 4- 0 Labor Category Hourly Labor Rate 0 Operations Manager w/Cell Phone and Pickup $90.00 Crew Foreman w/Cell Phone and Pickup $75.00 Tree Climber/Chainsaw $90.00 Laborer w/Chain Saw $45.00 0 Laborer w/small tools, traffic control, flag person $40.00 U U B. Debris Recovery and Disposal (Load and Haul) from County Roads and Facilities • Provide all necessary equipment and personnel to load and haul disaster-generated debris to an approved TDSR site consistent with the Required Response level and Time set forth below: • Disaster—related debris will be sorted into categories: clean vegetative, non- vegetative, seaweed, white goods, household hazardous waste, mixed and ineligible at the load sites. Ni • All debris shall be mechanically loaded and reasonably compacted. i • Provide control of pedestrian and vehicular traffic in the work area; include flag persons, signs or other devices necessary to ensure safe debris recovery U operations. • Provide daily reports on all debris recovery operations; include all equipment and personnel used. The report shall detail daily and cumulative-to-date statistics on the number of truckloads, number of cubic yards of debris hauled, locations of completed work, and locations of current work for each type of debris recovered. • Identify landfills and/or other final disposal site(s)for all debris. • Haul debris from TDSR sites to final disposal site(s). • Immediately investigate claims of damage to private property and/or County roads and rights-of-way due to debris operations and ensure proper repairs are made promptly at no cost to the County. • Provide all necessary equipment and personnel to remove seaweed and other debris from beach sand by screening and return clean sand to beach as directed by the County. 22 Packet Pg. 1667 C.38.a Agreement for Disaster Response and Recovery Services Unit Costs associated with collection and hauling of debris from County rights of way to TDSRs are on a per cubic yard (CYD) basis, per pound basis, or for each united as set forth below. Rates are inclusive of all costs and shall be invoiced at the following rates: Description Unit Unit Price Collect and Haul Vegetative Debris 0-15 mi CYD $7.81 15.1 -30 mi CYD $8.44 > 30 mi CYD $9.69 Collect and Haul Non-Vegetative (Construction and 0 Demolition; "C&D") Debris 0 - 15 mi. CYD $8.31 15.1 -30 mi CYD $8.94 A > 30 mi CYD $10.19 Collect and Haul White Goods ,- 0-15 mi Each $62.50 a 15.1 -30 mi Each $75.00 2 a > 30mi Each $87.50 a Collect and Haul electronic waste E-Waste 1-15 mi CYD $156.25 15.1-30 mi CYD $168.75 >30 mi CYD $181.25 0 0 Collect and Haul Household Hazardous Waste U 0-15 mi CYD $150.00 15.1 -30 mi CYD $162.50 > 30 mi CYD $175.00 Collect and Haul Seaweed E 0 -15 mi CYD $12.50 15.1 -30 mi CYD $13.75 > 30 mi CYD $15.00 Collection and Disposal of animal carcasses shall be $ 625.00 per unit. `Ni i C. Management of Temporary Debris Storage and Reduction (TDSR) Sites U • Provide sufficient personnel and equipment to operate multiple TDSR sites simultaneously within unincorporated Monroe County • Fully document pre-existing conditions at proposed TDSR sites with photographs and appropriate environmental sampling. • Prepare each approved TDSR site to accept debris, to include clearing, erosion control, grading, construction and maintenance of haul roads and entrances and installation of inspection towers and security fencing • Establish site layout, including entrance, exit and internal haul roads at each TDSR site • Provide all management, supervision, labor, machines, tools, and equipment necessary to accept, process, reduce, sort, and dispose of disaster related debris. • Provide at least one inspection tower at each TDSR site constructed to pre- approved county specifications. • Vegetative Debris reduction shall be performed by chipping /grinding only • Ensure all debris is properly staged and sorted. 23 Packet Pg. 1668 C.38.a Agreement for Disaster Response and Recovery Services • Provide daily and cumulative-to-date reports for each TDSR site. • Ensure TDSR sites are secure and not accessible by the public during operation and after working hours. • After all debris has been reduced and hauled to final disposal sites, perform site restoration and closeout; include removal of site equipment (temporary toilets, inspection towers, security fence, etc) and restore the site to pre-work conditions. Costs related to testing to establish TDSR site initial conditions, site mobilization and site restoration shall be invoiced at CONTRACTOR cost with no mark-up. 0 Unit costs for TDSR site management and debris reduction are on a per cubic yard basis. Costs are inclusive of all work required to manage and reduce debris, except as noted above, (freon removal from white goods is a separate, per unit cost), and shall be invoiced as follows: A Description Unit Unit Price ,- Debris Site Management 0 vegetative CYD $3.00 0 non-vegetative CYD $1.75 white goods CYD $1.25 household hazardous waste CYD $1.25 c� Electronic Waste(E-Waste) CYD $1.25 seaweed CYD $1.25 0 U Freon removal from white goods shall be invoiced at$62.50 per unit from which Freon is U removed; the price for Freon removal includes transport and disposal of Freon at an approved disposal site. Price for Haul out of reduced debris to Final Disposal sites shall be inclusive of all costs and shall be invoiced on a per cubic yard basis as follows: Description Unit Unit Price Haul out to Final Disposal NI 0 -60 mi CYD $7.50 M 61 - 100 mi CYD $10.00 101 - 130 mi CYD $12.50 U greater than 130 mi CYD $15.00 D. Contractor will identify final disposal locations for all debris classes. Cost associated with landfill tipping fees will be a pass through cost; the CONTRACTOR will invoice the COUNTY at actual cost, without any additional fees. Wherever possible, recycling, or other approved re-use facilities (ie. for metals)will be identified in order to reduce disposal costs. E. Beach Sand Screening and Replacement Provide all necessary equipment and personnel to screen all sand to remove debris deposited by an event. This task includes the pick-up of debris laden sand, hauling debris laden sand to the processing screen located on or near the beach, processing the debris laden sand and returning the clean sand to the approximate original location on the beach as directed by the COUNTY. Debris removed from the sand will be picked up, hauled and 24 i Packet Pg. 1669 C.38.a Agreement for Disaster Response and Recovery Services processed based on the scope of work and unit prices for debris removal from COUNTY rights of way. The cost associated with collection, screening and returning sand to the beach shall be invoiced at$ 14.00 per cubic yard. F. As directed by the County, the CONTRACTOR will provide labor, equipment and materials to clear vegetative debris from private property, and demolish and remove non-vegetative debris from private property. Work my include trimming limbs and trees that present a hazard, clearing debris from private property and hauling it to the closest public right of way. Work will not proceed until appropriate rights of entry forms and hold harmless agreements are obtained. Mn The following rates apply for right of entry work: Vegetative debris: $ 10.00 per cubic yard Demolish and Remove non-vegetative debris from private property: $ 15.63 per cubic yard. os G. Tree and Limb Removal U • Provide all equipment, tools and personnel to safely remove hazardous leaning trees or hanging tree limbs, as directed by Monroe County. • Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe tree/limb removal operations Ensure that strict Right-of-Entry procedures are followed for any hazardous tree or limb removal operations that affect private property. • As directed by the County, remove all hazardous tree stumps, both uprooted and intact. ia . The cost of tree stump removal shall be invoiced at the following unit rates: i Tree Stump Removal Unit Unit Price c� Greater than 24"but Less than 48" in Diameter Per Stump $250.00 48"and Greater in Diameter Per Stump $500.00 as 2. Required Response Level and Time The following minimum response levels and timeframes are required by the contractor: A. Contractor's senior representative will be present at County EOC 24 hours prior to anticipated event, if requested by County; if not already present Contractor's senior representative will report to County EOC within 24 hours of notification by County after an event. B. Emergency Debris Clearance (PUSH)from Roads 5 crews(personnel and equipment)within 12 hours of notification by County 10 crews(personnel and equipment within 24 hours of notification by County C. Debris Collection/Removal from County Roads 25 Packet Pg. 1670 C.38.a Agreement for Disaster Response and Recovery Services The Within 24 hours of notification by County, contractor personnel will establish presence in county and prepare a minimum of four temporary debris sites for the following levels of response for debris collection: Tropical Storm or Category 1 hurricane 50 trucks (incl. personnel and loading equipment; Category 2 or 3 hurricane 150 trucks Category 4 or 5 hurricane 200 trucks 33% of minimum equipment requirement must be present and working with 72 hours 66% of minimum requirement-present and working with 120 hours of request E 100% of minimum requirement\present and working within 180 hours of request. The response levels indicated above represent the minimum required; as needed contractor will be required to increase response levels to effectively respond to a specific event as debris operations proceed. 0 0 Failure to meet the minimum required response levels and timeframes will be considered non-performance and a default under the contract. x c� 0 U U N i i V- U E cs 26 Packet Pg. 1671 C.38.a Agreement for Disaster Response and Recovery Services DRC Pricing Sheets from RFP (Schedule one, two and three) 0 E n 2A 4- 0 nU) x 0 CN M 26 Packet Pg. 1672 m 00 M U a► a r m m a U � - I� d a- Ln pOp O M cq O _ O O _ O O O ' O O N O n w O 1- 0 COd1 VO.7 O O O O O O ^ n p p M N r O 07 O O 0 0 0; O 00 M O M O O O CD CO0 O 1- Cr0 O 00 .N M O N 0 QCi M 0) to O nj OD •�, OD `R v O O r O 0) N "T CD M CD 1- CO r n O ' N r M N M CD M Or EA 64 ER 64 69 6R 69 69 Eo 69- Eo EA EA tg to 69 Eo Eo Eo (O CM N r p CO d E 7 'rC0• ` r` � co CO 0 OHO - DN 0M � HO0 ODO O 00 . t� O ! oo 00 � � �0 LO � U) cqOM � pN E N w i y U V Co W w ww V d '= in Op;w o p �M p L C O O O O N n N C5 N u6 � n O� O �;N N N N w �i O r e.- L[7 O CD co _ y CD M O O CO 1n CD CO co CO 1- N M r r r r r r r J 69 4n 69 Eo EA b9 Ur9 69 H EA 69 69 Eo 64 fA 69, EA Eo a ' w a Z OLU G - ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ` o ❑ ❑ ❑ ❑ ❑ ❑ ❑ Da Z) UUU UUU C�SQ3 000 UUU UUU . 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J c } } } } } D O } } n � Q D U U U U U ) U U IL j 2 WZ as Q W V n W E J J O 0 N � m C W (D 'O U � m �►- m O O lQ N, � 0 ` OL l�' W O � (D V d C Eo v c o c o cow r LL 3 Q, pC E m z H W d� w ; o �s w Y D > O c p , c o > 7 p ` m O H �,o E c►` , Ecc B:= Wt c_ � c co m "v a, w W m 'o '6 c C •r- O Q.0 � rnC O w OL o r EEco m; E may e � s ? d c rn a a o cm•) ��' v ? � � '� m w m G 'C O O O y 4; O O O 11l C 2.C)I(D CM CL N1i F` C7 � ixX0a V Z m 209 C.38.a RFP for CONTRACTOR Services, Disaster Response and Recovery Services SCHEDULE Z-UNIT RATE EQUIPMENT PRICE Equipment Type Hourly Equipment Rate Bobcati-oader $120.00 Bucket Truck w/O erator $275.00 Crash Truck w/impact Aftenuator $185.00 Dozer Tracked D5 or similar $190.00 Dozer,Tracked..D6 or similar $290.00 Dozer.Tracked. 7 or similar $450.00 Dozer Tracked D8 or similar $500.00 Dump Truck 18 CY-25 CY $125.00 Dump Truck 25 CY-35 CY $135.00 Dumo Truck.35 Y-4 C $145.00 - Dum .Truck 50 CY or lar er $175.00 9= Generator and Liahtina $100.00 Grader w 2' Blade $290.00 Hydraulic Excavator, 1.5 CY $185.00 cs Hydraulic o C $195.00 Knuckleboom Loader__ $270.00 0 U Eciubment Transport $150.00 c3 Mobile Crane (Adequate-for hanginci limbs/leaning trees $240.00 Pickup Truck .5 Ton unmanned $40.00 Truck Flatbed $115.00 Water Truck $120.00 Wheel Loader.2.5 CY 950 or similar $180.00 Wheel Loader, 3.5-4.0 CY 966 or similar $190.00 Wheel Loader, 4.5 CY, 980or similar $200.00 C141 Wheel Loader-Backhoe.1.0--1.5 CY $175.00 i Track Hoe, John Deere 690 or similar _ $185.00 Sturn Grinder $350.00 30 ton or larger Crane up to 50 ton $395.00 Other NIA c� SCHEDULE 3-HOURLY EQUIPMENT AND LABOR PRICELabor Cateaory Hourly Labor Rate O eratio s Manner w/Cell Phone and Picku $90.00 Crew Foreman w/Cell Phone and.Pickup $75.00 Tree CI' ber Cha' s w $90.00 Laborer w/Chain Saw $45.00 Laborer w small tool 5.jr-affic ggntr-Ql,,flag rson $40.00 9 210 Packet Pg. 1675 • C.38.a PERFORMANCE BON® Bond No. 46BCSHS2774 KNOW ALL BY THESE PRESENTS,That we DRC Emergency Services, LLC ,as Principal, and Hartford Fire Insurance Company , of Hartford,CT , authorized to do business in the State of Florida , as Surety, are held and firmly bound unto Monroe County, Florida , as Obligee, in the maximum penal sum of Five Million Dollars and 00/100-- Dollars( $5,000,000.00 ), lawful money of the United States of America,for which payment well and truly to be made we bind ourselves,our heirs,executors and assigns,jointly and severally,firmly by this Bond. WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform services in accordance with the terms and conditions of the Notice to Proceed,Hurricane Irma: Disaster Response and Recovery Services (hereinafter referred to as the Service Contract),said Service Contract is hereby referred to and made a parthereof; > 0 E NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns, shall well and truly perform its obligations as set forth in the above mentioned Service Contract,then this Bond shall be void; A otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Service Contract, the Bond is subject to the following express conditions: - a 0 1. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the Service Contract term. c� 2. Regardless of the number of years this Bond is in force,the liability of the Surety shall not be cumulative and shall in no event exceed the amount set forth above, or as amended by rider. tD 3. Any notice, claim, certification or request for payment, made under this Bond shall be made in writing to the Surety at U the address specified below.Any claim or request for payment must be made prior to the expiry date of this Bond. Surety Address: The Hartford Hartford Financial Products,2 Park Avenue,5th Floor New York, NY 10016 4. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. N i 5. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Service Contract, then the terms of this Bond shall prevail. tD SIGNED, SEALED AND DATED this 1st day of November 2017 DRC Emerg n Services,LLC E By: Principal Hartford Fire Insur a Company By: GL?i S-5025d(06-06) David T.Miclette ,Attorney-in-Fact. Packet Pg. 1676 C.38.a PAYMENT BOND Bond No.46BCSHS2774 KNOW ALL BY THESE PRESENTS,that we DRC Emergency Services, LLC ,as Principal, and Hartford Fire Insurance Company ,of Hartford. CT ,authorized to do business in State of Florida , as Surety, are held and firmly bound unto Monroe County, Florida ,as Obligee, and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work hereinafter named, in the maximum penal sum of Five Million Dollars and 00/100- Dollars($5,000,000.00 ), lawful money of the United States of America,for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns,jointly and severally,firmly by these presents. 0 WHEREAS, the Principal has entered, or is about it enter, into a written agreement with the Obligee perform services in accordance with the terms and conditions of the Notice to Proceed, Hurricane Irma: Disaster Response and Recovery Services (hereinafter referred to as the A Service Contract), said Service Contract is hereby referred to and made a parthereof. 4- 0 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all persons � who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of U) which said persons shall have a direct right of action on this instrument in his/her own name and for his/her own benefit, subject, however, to the Obligee's priority, then this obligation to be void; otherwise to remain in full force and effect. c� Notwithstanding anything to the contrary in the Service Contract,the Bond is subject to the following express conditions: 0 U 1. Regardless of the number of years this Bond is in force, the liability of the Surety shall not be cumulative and shall in W no event exceed the amount set forth above, or as amended by rider. 2. Any notice, claim,certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below.Any claim or request for payment must be made prior to the expiry date of this Bond. Surety Address: The Hartford �y Hartford Financial Products,2 Park Ave.,5th Floor New York,NY 10016 c14 I I 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year U from termination or expiration of the Service Contract term; or after the expiration of ninety(90)days after the day on which any person last supplied the labor and/or materials directly to the Principal for which the claim is made,whichever occurs first. If this limitation is void or prohibited by law, then the minimum period of limitation available to Surety as a defense in the jurisdiction of the suit shall be applicable. c� 4. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. 5. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Contract,then the terms of this Bond shall prevail. Packet Pg. 1677 ■ C.38.a SIGNED,SEALED AND DATED this 1st day of November 2u" DRC Emerg rvi , LL By: Principal Hartford Fire Insur ce Company By: David T.Miclette ,Attorney-in-Fact 0 2A 4- 0 C 0 U) x c� 0 u u E cN I I u E c5 Packet Pg. 1678 C.38.a Direct Inquiries/Claim THE HARTFORD POWER OF ATTORNEY BONnectic One Hartford Plaza Hartford,Connecticut 06155 Bond.Claims a0thehartford.com call:888-2663488 or fax:860-757-5835 Agency Name: BOWEN MICLETTE &: BRITT INS AGY LLC KNOW ALL PERSONS.BY THESE.PRESENTS THAT: Agency.Code: .467504809 & 61-613558 0 Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut 0 Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut 0 Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana QHartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of 1171orida. having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies").do hereby make, constitute and appoint, up to the amount of Unlimited 2A Joni Bowen Maness, Kristi Lovett, Ashley Britt, Robert C. Davis, Jennie Goonie, Rita G. Gulizo, Nikole Jeannette, Barry K. McCord, David G. Miclette, David T. Miclette, Tabitha Starkey, Susan Zapalowski of Fort Smith AR, New Orleans LA and of HOUSTON, Texas 0 their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as 0 delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the °7y nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof,and as authorized by a Resolution of the Board of Directors of the Companies on May 6,2615 the Companies have W, caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. T1 os;n ipsL) C3 . EIp787 9f �'brwsa° j�F�i l��, �• 'oi hlNori• '�NNI�' � • a+ E �9 John Gray,Assistant Secretary M.Ross Fisher,Senior Vice President STATE OF CO_NNECTICUT cN ss. Hartford i COUNTY OF HARTFORD Cn On this 11th day of January,2016, before me personally came M. Ross Fisher,to me known,who being by me duly sworn, did depose and say:that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations U described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �.er jj �Li 0 1ty�ye* Nora M.Stranko Notary Public CERTIFICATE My Conunission Expires March 31,2018 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above.and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of November-1, 2017 Signed and sealed at the City of Hartford. AW ,lips _�,:y.,t0•7 0 L.€ �'p�a/,+lr0a"•°7,a= 79T Kevin Heckman,Assistant Vice President POA 2016 Packet Pg. 1679 DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE tt108/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT MCGRIFF,SEIBELS&WILLIAMS OF TEXAS,INC. "IN 818 Town&Country Blvd,Suite 500 a/c No Egli:713-877-8975 AIC No):713-877-8974 Houston,TX 77024-4549 EA DRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Underwdters At Lloyd's,London 15792 INSURED > DRC Emergency Services,LLC INSURER B:United States Fire Insurance Company 21113 0 P.O.Box 17017 INSURER C:Texas Mutual Insurance Company 22945 Galveston,TX 77552 INSURER D:Argonaut Insurance Company 19801 INSURER E:Crum&Forster Specialty Insurance Company 44520 t8 INSURER F: COVERAGES CERTIFICATE NUMBER:X6RAEKCV REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 0 INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 9= CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, .0 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. u) INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INS13 WVD POLICY NUMBER M/DD MWDD LIMITS A X COMMERCIAL GENERAL LIABILITY B0621EMSSL000317 05/26/2017 18 EACH OCCURRENCE $ 1,000,0( X CLAIMS-MADE Fx�OCCUR A OV Y RI MP'� �� AMAGE TO RE PREMISES Ea NTurrence $ 300,0( U MED EXP(Any one person) $ 10,0( X X BY PERSONAL&ADV INJURY $ 1,000,Ot 0 GEN'L AGGREGATE LIMIT APPLIES PER: DATE Y GENERAL AGGREGATE $ 2,000,0( () POLICY�JEC-- LOC WAIVEp PRODUCTS-COMP/OP AGG $ 2,000,01 C 3 OTHER: I $ B AUTOMOBILE LIABILITY 1337407101 05/26/2017 05/26/2018 Ee COMBINED accidenSINGLELIMIT $ 1,000,01 , X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS X X BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) $ $ A UMBRELLA LIARX OCCUR B0621 E SSL000217 05/26/2017 05/26/2018 EACH OCCURRENCE $ 5,000,01 7X EiCESS LIAR CLAIMS-MADE X X AGGREGATE $ 5,0 ul t®1 DED RETENTION$ $ C WORKERS COMPENSATION TSF0001307608 TX 05/26/2017 05/26/2018 PER OTH- D AND EMPLOYERS'LIABILITY YIN WC928318471754 X STATUTE ANY PROPRIETORIPARTNER/EXECUTIVE NIA X E.L.EACH ACCIDENT $ 1,000,01 OFFICERIMEMBER EXCLUDED? 1,000,01 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,01 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Contractors Pollution& P C105162 05/26/2017 65/26/2018 Contractor's Pollution 5,000,01 Errors&Omissions Errors&Omissions $ 5,000,01 X X Policy Aggregate $ 5:000:01 $ 0 $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE: Disaster Response and Recovery Services,Monroe County,Florida Monroe County Board of County Commissioners are included as an Additional Insured on the General Liability,Automobile Liability and Excess Liability policies.Waiver o1 Subrogation applies in favor of Monroe County Board of County Commissioners as respects General Liability,Automobile Liability,Workers'Compensation and Excess Liability.The General Liability Policy includes a Per Project Aggregate.Coverage is primary and non-contributory as respects to General Liability,Automobile Liability and Excess Liability policies. All as required by written contract subject to policy,terms,conditions,and exclusions. In the event of cancellation by the insurance companies th policies have been endorsed to provide 30 days Notice of Cancellation(except for non-payment)to the Certificate Holder shown below. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners AUTHORIZED REPRESENTATIVE 1100 Simonton Street r- Key West,FL 33040 Page 1 of 1 ©1988-2015 ACORD CORPORATION. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1680 C.38.b Amendment and Extension o Agreement for Disaster Response and Recovery Services This Amendment and Extension to the Agreement for Disaster Response and Recovery Services dated October 30,2017, is entered into this 18 day of January 2023 between Monroe County Board of County Commissioners (County or BOCC) and DRC Emergency Services, LLC (Contractor). WHEREAS, the County and Contractor entered into an Agreement for Disaster Response and W Recovery Services on October 30, 2017 (Agreement),an addendum to the Agreement was c entered into on December 14, 2017, and an Amendment to the Agreement was entered into on August 17,2022, extending the Agreement for 7-months to May 31,2023;and A WHEREAS,the Agreement provides that the County shall have the option of extending the �= Agreement in one-year increments for up to five additional years at the same terms and conditions; and 0 WHEREAS,the County desires to extend the agreement and the Contractor has agreed; ° NOW,THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration,the sufficient of which is hereby X LIJ acknowledged, County and Contractor agree as follows: 1. The County and Contractor agree to extend the agreement at the same terms and conditions 2 and to amend paragraph 1.1.8 to reflect the extension as follows: c 1.1.8 The County and Contractor hereby agree to exercise the option to extend this Agreement for an additional period at the same terms and conditions to October 30, 2024,unless otherwise terminated under the provisions provided for herein. 2. The Agreement dated October 30,2017, as revised by the addendum dated December 17, 2017, as amended.and extended by the 1"Amendment dated August 17,2022, and asCq amended herein shall remain in full force.and effect. Go IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: KEVfN MADOK, CLERK. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA X By: By: As Deputy Clerk Mayor E (SEAL) Attest: DRC EM AGENCY S T ,LLC By: By:1"4d"r Lisa Walsh Kristy,Ric Title: Contracts Manager Title: VP, Secretary,Treasurer MONROE COUNTY AT'L RNE'Y AHn'uermdrner)t:aru(b tx.tersoou�to DIRty`Agreerr�er�t (' hk'PR 1�.0 AS TCJ PO .1 CHNSTME UMiBE°RT-BARROWS ASSISTANT COUNTY ATTORNEY DATE 12/29/22 Packet Pg. 1681 VAS DOUR""qp. 00 C.38.c o: Kevin Madok, CPA 3 ...'F..�' Clerk of the Circuit Court& Comptroller— Monroe County Florida •�Roz GouNt1 J f DATE: January 18, 2018 0 TO: Breanne Erickson Engineering Services FROM: Pamela G. Hancock, D.C. 4- 0 SUBJECT: January 17th BOCC Meeting g Attached is an electronic copy of D2, ratification of Addendum 1 to the Agreement for x Disaster Response and Recovery Services between Monroe County and DRC Emergency Services, LLC., for your handling. 0 U Should you have any questions, please feel free to contact me at ext. 3130. Thank you. U 00 E cc: County Attorney Finance File c� 0 U N U E c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1682 C.38.c Addendum 1 to the Agreement for Disaster Response and Recovery Services This Addendum to the Agreement for Disaster Response and Recovery Services dated October 30, 2017 is made and entered into this 14,t& day of kQ�P , 2017, by and between Monroe County, a political subdivision of the State of Florida,whose address is 1100 Simonton Street,Key West, FL 33040, its successor and assigns, hereinafter referred to as "COUNTY" through the Monroe County Board of County Commissioners (`BOCC") and DRC Emergency Services, LLC, a Florida Foreign Limited Liability Company, whose address is 13 Evia Main, Galveston, TX 77554, its successor and assigned,hereinafter referred to as"CONTRACTOR" 2A WHEREAS,the COUNTY and CONTRACTOR entered into the Agreement for Disaster Response and - Recovery Services(Agreement)on October 30,2017; and a U) WHEREAS, when the COUNTY issued its Request for Proposals, in response to a request, it issued an addenda that changed the unit of measure for "White Goods" from "per cubic yards" to "per unit" to comply with industry norms;and WHEREAS,the Pricing Schedule submitted by the CONTRACTOR had the unit of measure as per unit 0 for collection of White Goods, but per cubic yard for Site Management and Haul-out to Final Disposal of U White Goods;and WHEREAS, this addendum will correct the unit of measure to conform to the industry standard for 00 "White Goods" and provide pricing that is fair, reasonable, and consistent with our other pre-position c14 contract; NOW THEREFORE, in consideration of the mutual promises stated herein,and for other good and valuable consideration,the parties hereby agree: 1. Schedule One will be revised to read as follows: Debris Site Management of White Goods $3.50 per unit U) Haul-out to Final disposal of White Goods $50.00 per unit c� 2. This addendum will be retroactively effective to, October 30, 2017, the Date of the Agreement. U ,:wr5rJ=N'�WhT ESS WHEREOF, each party has caused this Agreement to be executed by its duly �, 0orize auth d�Yepresentative on the day and year first above written. BOARD OF COUNTY COMMISSIONERSCN est3_ 11 MAD K, Clerk OF MONRO O ,F A By: Deput}�C�lerk Mayor C:} CW r.. c� CJ(rt [-,I;* -n !� CO C C)n .4n rn 0 ..0 M Packet Pg. 1683 C.38.c (Seal) Attest: CONkCO llzb� B > 0 Witness 1 Title: L�sa W IstiMn Printed nam as 4- GI& 6�'d 1-f.4A0 ness 2 Lh Printed name Uj x U MONRO COUNTY c� B C� �sylvl'a J. MLLrpL, Ratified by the Board of County Commissioner on / ,2018 E as �a _ MONROE COUNTY ATTORNEY APgg 0 D AS TO F RM: CHRISTINE LIMBERT-BARROWS o ASSISTANT COUNTY ATTORNEY DATE: era 04 C) as E U 2 Packet Pg. 1684 C.38.c EMERGENCY SERVICES —Striking Back. P.O Box 17017,Galveston,TX.77552 TTY: 888-7214DRC•Phone:504-482-2848•Fax:504482-2852 www.dreusa.com 0 December 12, 2017 E Ms. Judith S. Clarke M Director of Engineering Monroe County 1100 Simonton Street r_ Key West, Florida 33040 .22 RE: Monroe County-White Goods X U Dear Ms. Doyle: 0 c� Pursuant to the request issued to DRC Emergency Services, LLC per your request,we provide below our pricing for white good management and final haul out. 00 Debris Site Management of White Goods per unit $3.50 Haul Out to Final Disposal of White Goods Per unit $50.0004 Ir- If you should have any questions or need additional information,please contact me via email kfuentes(:dreusa.com or 504-220-7682. LO o Sincerely, fristy Fue es as c� os E U 2 Packet Pg. 1685 C.38.d A/C ® DATE(MM/DDNYYY) `..�" CERTIFICATE OF LIABILITY INSURANCE 05/24/24/20222022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement o this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Julia Becvar McGriff Insurance Services,Inc. NAME: PHONE 10100 Katy Freeway,#400 A/CC No Ext: 713-877-8975 FAX No):713-877-8974 Houston,TX 77043 E-MAIL ecvar me ADDRESS:)b riff.com @ 9 INSURER(S)AFFORDING COVERAGE NAIC# O INSURERA:Crum&Forster Specialty Insurance Company 44520 E IDRC Emergency Services,LLC NSURED INSURER B:The Phoenix Insurance Company 25623 (b P.O.Box 17017 INSURER :Texas Mutual Insurance Company 22945 u) Galveston,TX 77552 INSURER D:Argonaut Insurance Company 19801 10 qb INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:RV3ZVZ9R REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI . INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. X INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP UJI LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY ECG106665 05/26/2022 03/31/2023 EACH OCCURRENCE $ 5,000, CLAIMS-MADE OCCUR DAMAGE TO RENTED 100, PREMISES Ea occurrence $ MED EXP(Any one person) $ 10, O X X PERSONAL&ADV INJURY $ 5,000, GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000, POLICY F—X]PECT El LOC PRODUCTS-COMP/OP AGG $ 5,000, OTHER: $ B AUTOMOBILE LIABILITY 810-6P127610-22-26-G 05/26/2022 03/31/2023 COMBINED SINGLE LIMIT CD 1,000, Ea accident $ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED X X BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS CL HIRED NON-OWNED PROPERTY DAMAGE $ XAUTOS ONLY AUTOS ONLY Per accident UJI A UMBRELLA LIAB X OCCUR EFX120408 05/26/2022 03/31/2023 EACH OCCURRENCE $ 5,000, X EXCESS LIAB CLAIMS-MADE X X AGGREGATE $ 5,000, a® DED RETENTION$ $ C WORKERS COMPENSATION 0001307608 TX 05/26/2022 03/31/2023 X PER OTH- D AND EMPLOYERS'LIABILITY Y/N WC928868471754 OS I STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000, OFFICER/MEMBER EXCLUDED? F N/A X (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000, If yes,describe under 1,000, DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 00 CD A Contractors Pollution& PKC112979 05/26/2022 03/31/2023 Contractor's Pollution $ 5,000, Errors&Omissions Errors&Omissions $ 5,000, X X Policy Aggregate $ 5,000, cD $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Disaster Response and Recovery Services,Monroe County,Florida E Monroe County Board of County Commissioners are included as an Additional Insured on the General Liability,Automobile Liability and Excess Liability policies.Waiver Subrogation applies in favor of Monroe County Board of County Commissioners as respects General Liability,Automobile Liability,Workers'Compensation and Excess Liability.The General Liability Policy includes a Per Project Aggregate.Coverage is primary and non-contributory as respects to General Liability,Automobile Liability an( Excess Liability policies. All as required by written contract subject to policy,terms,conditions,and exclusions. In the event of cancellation by the insurance companies policies have been endorsed to provide 30 days Notice of Cancellation(except for non-payment)to the Certificate Holder shown below. CERTIFICATE HOLDER CANCELLATION APPROVED BY RISK MANAGEMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II DATE �2� � ACCORDANCE WITH THE POLICY PROVISIONS. WAVER NPA YES_ Monroe County Board of County Commissioners AUTHORIZED REPRESENTATIVE ,,r �. 906 1100 Simonton Street ,,f4 r « " Key West,FL 33040 Page 1 of 1 ©1988-2015 ACORD CORPORATION Packet Pg. 1686 ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 15, 2022 TO: Cheryl Sullivan, Director Solid Waste Department FROM: Liz Yongue, Deputy Clerk 0 SUBJECT: August 17th BOCC Meeting aEs Enclosed is a copy of the following item for your handling: 4- C26 1st Amendment to extend the Disaster Response and Recovery Agreement with DRC Emergency Services, LLC for debris removal for seven months. g Should you have any questions please feel free to contact me at (305) 292-3550. x c� 0 U U U CN cN cN i i oo cc: Cotulty Attorney Finance c� File d KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Packet Pg. 1687 Amendment to Agreement for Disaster Response and Recovery Services This Amendment and Extension to the Agreement for Disaster Response and Recovery Services dated October 30, 2017, is entered into this 17th day of August 2022 between Monroe County Board of County Commissioners (County or BO andDRC Emergency Services, LLC (Contractor). WHEREAS, the County and Contractor entered into an Agreement for Disaster Response and Recovery Services on October 30, 2017 (Agreement), an addendum to the Agreement was entered into on December 14, 2017; and > 0 WHEREAS, the term of the Agreement is for a five-year period and provides that the County shall have the option of extending the Agreement in one-year increments for up to five additional years at the same terms and conditions; and a� WHEREAS, the County desires to extend the agreement and the Contractor has agreed; and 4- 0 WHEREAS, the Agreement needs to be updated with new county, state and federal provisions; a U) NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements a stated herein, and for other good and valuable consideration, the sufficient of which is hereby X acknowledged, County and Contractor agree as follows: 1. The County and Contractor agree to extend the agreement for an additional 7-month period at the same terms and conditions and to amend paragraph 1.1.8 to reflect the extension as 0 follows: UU 1.1.8 The effective date of this Agreement shall be October 30, 2017, for an initial 5-year a term ending on October 30, 2022, unless otherwise terminated as provided for herein. U The County and Contractor hereby agree to exercise the option to extend this Agreement for an additional 7-month period at the same terms and conditions to May 31, 2023, unless otherwise terminated under the provisions provided for herein. c� i 2. Article VI PERSONNEL, paragraph 6.1 shall be revised to read as follows: The CONSULSTANT shall assign only qualified personnel to perform any service ooconcerning the project. At the time of execution of this Amendment and Extension, the parties anticipate that the following named individuals will perform those functions indicated: E NAME FUNCTION John Sullivan President E Kristi Fuentes VP of Compliance and Administration Joe Newman VP of Operations Mark Stafford VP of Response Lisa Walsh Contract Manager Evan Fancher Regional/Proj ect Manager So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. If they are replaced the CONSULSTANT shall notify the COUNTY of this change immediately. it iieiru ir7r7ieirit airid IV xteirisbiri to IDIFIC Agireeiaiieirlt Irr. L. .............................I Packet P9. 1688 3. Paragraph 9.5 TERMINATION shall be revised to add the following: E. For Contracts of any amount, if the County determines that the CONTRACTOR has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the CONTRACTOR written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. a� F. For Contracts of$1,000,000 or more, if the County determines that the CONTRACTOR submitted a false certification under Section 287.135(5), Florida Statutes, or if the CONTRACTOR has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy - Sector List, or been engaged in business operations in Cuba or Syria, the County shall a have the option of(1) terminating the Agreement after it has given the CONTRACTOR .2 written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) X maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 0 U 4. Paragraph 9.8 shall be revised to read as follows: U 9.8 MAINTENANCE OF RECORDS ., CONTRACTOR shall maintain all books, records, and documents directly pertinent to U performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of FIVE years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this T- oo Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If a an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, 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. 5. Paragraph 9.14 shall be revised to read as follows: 9.14 CLAIMS FOR FEDERAL OR STATE AID: CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. it iieiru ir7r7ieirit airid IV xteirisbiri to IDIFIC Agireeiaiieirlt Irr. .............................I Packet P9. 1689 6. Paragraph 9.29.2 will be revised to read as follows: 9.29.2 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is 0 compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions - which are unsanitary, hazardous or dangerous. These requirements do not apply to a the purchases of supplies or materials or articles ordinarily available on the open U) market, or contracts for transportation X or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any 0 part of the contract work which may require or involve the employment of U U laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess U of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of N pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any T_ violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1)the o� 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 E damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in E violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of 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. FEMA 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 payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime ir7riieiridr7riieirit airid IV xteirisbiri to IDIFIC Agireerrileirit rr. 3 .............................I Packet P9. 1690 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 satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1)through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses 0 set forth in paragraphs 29 C.F.R. § 5.5 (1)through(4). 7. Paragraph 9.29.4 shall be revised to read as follows: 9.29.4 Clean Air Act(42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control - Act 33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable a standards, orders or regulations issued pursuant to the Clean Air Act, as amended U) (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as X amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal 0 Water Pollution Control Act(33 U.S.C. 1251-1387), as amended applies to U U Contracts and subgrants of amounts in excess of$150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in U whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and N agrees that the COUNTY will, in turn, report each violation as required to assure CNi notification to FEMA/Federal Agency and the appropriate EPA Regional Office. i oo 8. Paragraph 9.29.5 shall be revised to read as follows: 9.29.5. Debarment and Suspension (Executive Orders 12549 and 12689) A contract E award under a"covered transaction" (see 2 CFR 180.220) must not be made a� to parties listed on the governmentwide exclusions in the System for Award E 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 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 ..s ...g . 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 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified ir7riieri( irrrrierit airid IV xteirisbiri to IDIFIC Agireerriierit ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Packet P9. 1691 (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is 0 valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 4- 0 9. Paragraph 9.29.6 shall be revised to read as follows: a 9.29.6 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352) Contractors that U) apply or bid for an award exceeding $100,000 must file the required X certification. Each tier certifies to the tier above that it will not and has not c� used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, 0 a member of Congress, officer or employee of Congress, or an employee of U a member of Congress in connection with obtaining any Federal contract, _ grant or any other award covered by 31 U.S.C. § 1352. Each tier must also U disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier N to tier up to the recipient who in turn will forward the certification(s)to the Ni awarding agency. If award exceeds $100,00, the attached certification must V_ i be signed and submitted by the contractor to the COUNTY.) oo 10. Paragraph 9.29.7 shall be revised to read as follows: E 9.29.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste < Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the irrrrieridirrrrierit airid IV xteirisbiri to IDIFIC Agireerrileirit .............................I Packet P9. 1692 Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https:/fwww.epa.gov/smm/comprehensiveprocti.rement guidefine cpg program. The Contractor also agrees to comply with all other applicable requirements of Section 0 6002 of the Solid Waste Disposal Act. 11. Paragraph 9.29 shall be revised to add the following: 4- 0 9.29.8 Prohibition on certain telecommunications and video surveillance services or 9= equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their U) CONTRACTORS and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or 0 essential component of any system, or as critical technology as part of any system. As U described in Public Law 115-232, section 889, covered telecommunications equipment is a telecommunications equipment produced by Huawei Technologies Company or ZTE U Corporation (or any subsidiary or affiliate of such entities). N (i) For the purpose of public safety, security of government facilities, physical security N c� surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications V_i Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). E (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. < 4i (iii) Telecommunications or video surveillance equipment or services produced or provided u by an entity that the Secretary of Defense, in consultation with the Director of the National E Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9.29.9 Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must it iieiru ir7r7ieirit airid IV xteirisbiri to IDIFIC Agireeiaileirit I:rt . .............................I Packet P9. 1693 be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of thus sec on: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 12. The following,provisions shall be added as follows: 0 9.31 Energy Efficiency- CONTRACTOR will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 0 a 9.32 ADDITIONAL FEMA REQUIREMENTS: Access to Records: Contractor and their successors, transferees, assignees, and X subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. CONTRACTORS must 1. cooperate with any compliance review or complaint U investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as U may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. V_ oo DHS Seal, Logo and Flags: CONTRACTOR shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The CONTRACTOR shall include this E provision in any subcontracts. a� E Changes to Contract: The CONTRACTOR understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the u 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. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The CONTRACTOR will comply will all applicable Federal Law, regulations, executive orders, FEMA policies, procedures, and directives it iiein( ir7r7ieint and IV xtenslbn to IDIFIC Agireeiaiient rrt. .............................I Packet P9. 1694 C.38.e No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, CONTRACTOR, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts. If applicable, the CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR's actions pertaining to this contract. 9.33 FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT PROVISIONS The CONTRACTOR is bound by any terms or conditions of the federally-funded subaward and Grant Agreement between COUNTY and the Florida Division of ,- Emergency Management(Division). 0 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. 9.34 E-Verify System -Beginning January 1, 2021, in accordance with F.S. 448.095, the CONTRACTOR and any subcontractor shall register with and shall utilize the U.S. U Department of Homeland Security's E-Verify system to verify the work authorization U 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 U services pursuant to the Contract to likewise utilize the U.S.Department of Homeland a Security's E-Verify system to verify the work authorization status of all new employees N hired by the subcontractor during the Contract term. Any subcontractor shall provide an Ni affidavit stating that the subcontractor does not employ, contract with, or subcontract oo with an unauthorized alien. The CONTRACTOR shall comply with and be subject to the provisions of F.S. 448.095. E 13. The Agreement dated October 30, 2017, as revised by the addendum dated December 14, 2017, and as amended herein shall remain in full force and effect. -1N WITNESS WHEREOF, each party has caused this Agreement to be executed by its �5+ 4... thorized representative on the day and year first above written. IN MADOK, CLERK BOARD OF COUNTY i ERm COMMISSIONERS OF MONROEJ' COUNTY, FLORIDA -73 t By. - — A eputy Jerk Ma =_ c-'' Amendment and Extension to DRC Agreement pg.8 Packet Pg. 1695 (SEAL) Attest: DR iLNCY ICES, LC f By: Lisa Walsh 4H4/Fuen 1� Title: Contracts Manager Title: Vice President, Secretary, Treasurer 0 E 0 MONROE COUNIYAITOPKEY �PPR?VMASTONX 11 4- &'Iarkio 0 CHRISTWE',UMBERI I 4)APROWS C ASSN'TANT COUNI YA�TORM'--,Y 0 8/4122 U) x cs 0 U U w a U w a C14 C14 Q C14 oo E E E Exteil,,,,�ott f(,,i DRC Agii eenlen� 9 Packet Pg. 1696 C.38.e A/C ® DATE(MM/DDNYYY) `..�" CERTIFICATE OF LIABILITY INSURANCE 05/24/24/20222022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement o this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Julia Becvar McGriff Insurance Services,Inc. NAME: PHONE 10100 Katy Freeway,#400 A/CC No Ext: 713-877-8975 FAX No):713-877-8974 Houston,TX 77043 E-MAIL ecvar me ADDRESS:)b riff.com @ 9 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Crum&Forster Specialty Insurance Company 44520 `^ INSURED > DRC Emergency Services,LLC INSURER B:The Phoenix Insurance Company 25623 0 P.O.Box 17017 INSURER :Texas Mutual Insurance Company 22945 Galveston,TX 77552 0 INSURER D:Argonaut Insurance Company 19801 INSURER E: U) n INSURER F: COVERAGES CERTIFICATE NUMBER:RV3ZVZ9R REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI 4— INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI 0 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: O EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �) INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS A LU X COMMERCIAL GENERAL LIABILITY ECG106665 05/26/2022 03/31/2023 EACH OCCURRENCE $ 5,000, CLAIMS-MADE �OCCUR DAMAGE TO RENTED 100, , PREMISES Ea occurrence $ MED EXP(Any one person) $ 10, X X PERSONAL&ADV INJURY $ 5,000, � GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000, () POLICY F—X]PECT El LOC PRODUCTS-COMP/OP AGG $ 5,000, U OTHER: $ B AUTOMOBILE LIABILITY 810-6P127610-22-26-G 05/26/2022 03/31/2023 COMBINED SINGLE LIMIT 1,000, Ea accident $ I) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED X X BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS N HIRED NON-OWNED PROPERTY DAMAGE $ N AUTOS ONLY AUTOS ONLY Per accident $ C14I A UMBRELLA LIAB X OCCUR EFX120408 05/26/2022 03/31/2023 EACH OCCURRENCE $ 5,000, )( EXCESS LIAB CLAIMS-MADE X X AGGREGATE $ 5,000, 00 DED RETENTION$ $ C WORKERS COMPENSATION 0001307608 TX 05/26/2022 03/31/2023 PER OTH- D AND EMPLOYERS'LIABILITY Y/N WC928868471754 OS X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000, OFFICER/MEMBER EXCLUDED? F N/A X (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000, If yes,describe under 1,000, DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Contractors Pollution& PKC112979 05/26/2022 03/31/2023 Contractor's Pollution $ 5,000, Errors&Omissions Errors&Omissions $ 5,000, X X Policy Aggregate $ 5,000, $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Disaster Response and Recovery Services,Monroe County,Florida Monroe County Board of County Commissioners are included as an Additional Insured on the General Liability,Automobile Liability and Excess Liability policies.Waiver Subrogation applies in favor of Monroe County Board of County Commissioners as respects General Liability,Automobile Liability,Workers'Compensation and Excess Liability.The General Liability Policy includes a Per Project Aggregate.Coverage is primary and non-contributory as respects to General Liability,Automobile Liability an( Excess Liability policies. All as required by written contract subject to policy,terms,conditions,and exclusions. In the event of cancellation by the insurance companies policies have been endorsed to provide 30 days Notice of Cancellation(except for non-payment)to the Certificate Holder shown below. CERTIFICATE HOLDER CANCELLATION APPROVED BY RISK MANAGEMENT BY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II DATE �2 � ACCORDANCE WITH THE POLICY PROVISIONS. WAVER NPA YES Monroe County Board of County Commissioners AUTHORIZED REPRESENTATIVE ,,r �. 906 1100 Simonton Street ,,f4 r « " Key West,FL 33040 Page 1 of 1 ©1988-2015 ACORD CORPORATION Packet Pg. 1697 ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD