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Item C07 C.7 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting April 19, 2023 Agenda Item Number: C.7 Agenda Item Summary #11900 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo (305) 295-3176 N/A AGENDA ITEM WORDING: Approval of the Fourth Amendment to Agreement with Beach Raker, LLC, for Beach Cleaning, Maintenance, and Beautification at Higgs Beach with a CPI-U increase of 6.5%%retroactive to April 1, 2023. TDC is the funding source. ITEM BACKGROUND: On December 11, 2019, the BOCC approved a Bid Award Agreement with Beach Raker, LLC, for Professional Beach Cleaning, Maintenance, and Beautification services at Higgs Beach. The Agreement was for a three (3) year term commencing on January 1, 2020, and ending on December 31, 2022. The County had an option to renew the Agreement for up to an additional three (3) one-year periods. Total compensation shall not exceed $182,800.00 annually, which is funded by the TDC. The Original Agreement also provides that the amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year using the most recently published indicator. There was a recent 7% increase CPI-U increase on May 18, 2022, in the Second Amendment, with other adjustments in prior years. The proposed TDC funding for FY23 includes $195,596.00 for Higgs Beach Cleaning, $10,138.00 for emergency second daily beach cleaning, and $10,000 for sand replenishment due to beach cleaning. On December 7, 2022, the BOCC approved the Third Amendment, in accordance with Paragraph 6 of the Original Agreement, allowing the County to exercise its option to renew the agreement for the first of three (3) optional one-year periods. The renewal commenced on January 1, 2023, and ends on December 31, 2023, unless terminated earlier under Paragraph 20 of the Original Agreement. This Fourth Amendment would increase payments based on the CPI-U increase of 6.5% from $14,213.24 per month to $15,137.10 per month for regular hours seven (7) days per week cleaning, maintenance, and beautification services (which includes the fenced beachside Children's Play Area on weekends (including equipment costs, and dumping fees). $253.50 per hour to $288.88 per hour for emergencies (ex. Post-hurricane clean-ups, including seaweed removal, equipment costs, and dumping fees). Packet Pg. 203 C.7 $253.50 per hour to $288.88 per month for pressure cleaning the steps (five (5) sets once per month) into the water at Higgs Beach. $253.50 per hour to $288.88 per month for pressure cleaning the two (2) Pavilions/Bandstands (twice per month) at Higgs Beach. $433.99 per day to $462.20 per day for a second daily service beach cleaning (optional upon Owner's request) (including excessive seaweed buildup, equipment costs, and dumping fees). This Amendment also updates the Federal provision on Energy Efficiency in the Agreement. Staff seeks approval by the BOCC of this Fourth Amendment. PREVIOUS RELEVANT BOCC ACTION: December 7, 2022 BOCC approved a Third Amendment to Agreement to exercise the County's option to renew the agreement for the first of three (3) optional one-year periods, commencing on January 1, 2023, and terminating on December 31 2023, update the Notice address provision for the County, and update a Federal contract provision; May 18, 2022 BOCC approved a Second Amendment Agreement with a CPI-U increase of 7% retroactive to April 1, 2022, and added and/or updated certain Federal contract provisions, Monroe County Ordinances, or Purchasing Policy changes. July 21, 2021 BOCC approved a First Amendment Agreement with a CPI-U increase of 1.4% retroactive to April 1, 2021, and added and/or updated certain Federal contract provisions, Monroe County Ordinances, or Purchasing Policy changes. December 11, 2019 BOCC approved a Bid Award Agreement with Beach Raker, LLC, for Professional Beach Cleaning, Maintenance, and Beautification, for an initial three (3) year term commencing on January 1, 2020, and ending on December 31, 2022. The County has an option to renew the Agreement for three (3) additional one-year periods. Total compensation shall not exceed $182,800.00 annually, which is funded by the TDC. CONTRACT/AGREEMENT CHANGES: Beach Raker Fourth Amendment with 6.5% CPI-U increase. STAFF RECOMMENDATION: Approval DOCUMENTATION: Fourth Amendment Signed by Steve Sterneck 3rd Amendment to Services Contract Beach Raker (Fully Executed) 2nd Amendment 05_18_2022 (fully executed) Packet Pg. 204 C.7 1st Amendment 07_21_2021 (fully executed) 12/11/2019 Agreement- fully executed CIO- Exp. 05-03-23 FINANCIAL IMPACT: Effective Date: April 1, 2023 Expiration Date: December 31, 2023 Total Dollar Value of Contract: FY23 not to exceed $219,106.71 annually. Total Cost to County: $219,106.71 Current Year Portion: NTE $109,553.35 Budgeted: Yes Source of Funds: TDC 77011 CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NO If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Attached Additional Details: TDC Funded 07/21/21 117-77040 - TDC BRICKS & MORTAR 117 $2,284.80 Annual Increase + emergencies & 2nd day cleaning REVIEWED BY: Suzanne Rubio Completed 03/21/2023 10:02 AM Nathalia Mellies Archer Completed 03/22/2023 3:18 PM John Allen Skipped 03/23/2023 2:52 PM Patricia Eables Completed 04/04/2023 4:38 PM Purchasing Completed 04/04/2023 4:40 PM Risk Management Completed 04/04/2023 4:44 PM Lindsey Ballard Completed 04/04/2023 4:45 PM Board of County Commissioners Pending 04/19/2023 9:00 AM Packet Pg. 205 FOURTH AMENDMENT TO ACC REEMENIJU PROFESSIONAL BEACH CLEA GR AINTENANLEANDEALI CIF CAT HIGGS RIDA THIS FOURTH AMENDMENT TO AGREEMENT is made and entered into this 19th day of 0 April, 2023, between MONROE COUNTY, FLORIDA ("COUNTY"'), a political subdivision of the State U) M of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BEACH RAKER, 0 LLC ("CONTRACTOR"), a Florida limited liability company, whose address is 220 NE 13'h Street,Pompano Beach, Florida 33060. CL WHEREAS, the parties hereto did on December 11, 2019, enter into an Agreement to provide U professional beach cleaning, maintenance, and beautification, at Higgs Beach, Key West, Monroe County, Florida,(hereinafter"Original Agreement");and WHEREAS, on July 21, 2021, the BOCC approved a First Amendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of 1.4%as of E December 31, 2020, pursuant to the terms of the Original Agreement and to revise some provisions in its contracts and/or agreements to update and/or add current revisions pursuant to its Ordinances, Purchasing E Policy,and/or Federal Required Contract provisions; and WHEREAS, on May 18, 2022, the BOCC approved a Second Amendment to Agreement to 0 amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of 7% U_ as of December 31, 2021, pursuant to the terms of the Original Agreement and to revise other provisions in its contracts and/or agreements to update and/or add current revisions pursuant to its Ordinances, Purchasing Policy, and/or Federal Required Contract provisions; and WHEREAS, on December 7, 2022, the BOCC approved a Third Amendment to Agreement to exercise the County's option to renew the agreement for the first of three (3) optional one-year periods, commencing on January 1, 2023, and terminating on December 31 2023,update the Notice address provision for the County,and update a Federal contract provision; and LO WHEREAS, Paragraph 6 of the Original Agreement provides that the contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U)as of December 31"of the previous year;and WHEREAS,this Fourth Amendment is to amend the Original Agreement, as amended, to increase payment amounts by the aimual CPI-U adjustment of six and one half percent (6.5%) as of December 31, 2022, pursuant to the terms of the Original Agreement;and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually E beneficial; and E WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this Fourth Amendment to Agreement; NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants contained 0 U_ herein, it is agreed as follows: 1. In accordance with Paragraph 6 of the Original Agreement, the contract amount may be adjusted E annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year using the most recently published indicator. The CPI-U was six and one half(6.5%) on December 31 , Packet Pg. 206 2. The Contract amOUnts, based on the six and one half(6.5%) CF1l-U increase as of December 31, 2022, in Paragraph S.b. of the Original Agreement shall be increased and amended as folly:ws: $15 137.10 per inonth for regular hours seven (7) days per week for cleaning, maintenance, and, beautification services (which inctudes the fenced beachside Children's Play Area on weekends, U) M including equipinent costs and dumping fees). 0 j288.88 per hour, fbr emergency cleaning, maintenance, and beautification services (ex. Post- hurricane Clea.11-UPS. including all costs associated with equipment, seaweed rerno-val, and durnping CL fees). U L$288.88 per mouth for pressure cleaning the steps (5 sets once per month) into the water at Higgs Beach, �a per month for pressure cleaning the two (2) Pavilions/Bandstands (twice per month) at CP E Higgs Beach, �462.210 per day for a second daily service beach cleaning (optional upon Ow Ener's request) (ex. < Excessive seaweed buildup on beach, including equipment costs and durnping fees), 0 Total Compensation to CON'T.RACTOR under this Agreement for monthly cleaning, maintenance. and U- beautification services, the pressure cleaning services of the steps and Pavilions/Bandstands, and any 0 second daily service beach cleaning shall not exceed Two Hundred Nineteen Thousand One Hundred Six and 71/100 ($219,106.71) Dollars annually, Additional emergency work shall be performed in accordance with the rates set forth and described herein,, but such work must be pre_ approved. 3. The Contract payment amount adjust aients set forth above shall be effective April 1, 2023. 4. The Original Agreement. as arnended., is hereby amended to add the following as Paragraph. 44.22, Energ and shall read as follows: y Efficiency, > 44.22 Energy Efficiency. If applicable, Contractor Nvill comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 US C. §§6201-6422) and with all mandatory standards and policies relating to ener9 y efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 5. Except as set forth in Paragraphs I through 4 of this fourth Amendment to Agreement, in all E 'a other respects., the terms and conditions set forth in the Original Agreement. as amended, remain in full force and effect. E 0 U- [REMAINDER OF PAGE INTENTIONALLY LEFTBLANKI ISIGNATURE PAGE TO FOLLOW] E 2 Packet Pg. 207 IN WITNESS WHEREOF, the parties hereto have set their hands and se-als the day and year first above written. U) (SEM-) BOARD OF COUNTY COMN41SSIONERS Attest: KEVIN 3' AD0K. CLERK OF MC NROE COUNTY, FLORIDA U By: Bv: LO As Deputy Clerk Mayor APPROVtD AS TO FORM&LFGAL SUMCIENCY Date: Monrbe County Attorney's Office O�3(20;2023 Aathafia MOlice Archer A.ij,stant C.—ty Attorioey E E Witnesses or CONTRACTOR: CONTRACTOR: 0 BEACH RAKER, LLC U_ SignatureKPC rson aUthorized to "-s"griatUre o legally bind the Corporation cs Date: 2 Z A 3 Date: _, 3 _ S4ev,e �_A Print Name Address: 2' '2c) Signaure E Date Telephone Number E 0 U_ E 3 Packet Pg. 208 Asa COURr. Kevin Madok, cpA Clerk of the Circuit Court& Comptroller—Monroe County, Florida as S IL DATE: December 27, 2022 TO: Kevin G \N'llson, PE Assistant Count}'Administrator ATTN: Suzanne Rubio E Executive Administrator as FROM: Panicla G. Hanco((k*-1. 0 SUBJECT: December 7' 130CC Mee6iig LL as Attached is an electronic copy of the following item for your handling: U M C14 3rd Amendment to Agreement with Beach Raker, 1,1,C, for Beacli Cleaning, W Mai'i-iteriance, and Beautification at Hids Beach for term renewal widi updated contract provisions. TDC is die funding source. U Should you liavc any questions please feel free to contact me at (305) 292-3 x 550. W Ui 21 as as 0 as .2 as Cn 0 as 'a cc: County Attorney Finance E File as U 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 1 Packet Pg. 209 C.7.b THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL BEACH CLEANING, MAINTENANCE,AND BEAUTIFICATION HIGGS BEACH, KEY WEST, MONROE COUNTY, FLORIDA c� THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this 7th day of December 2022, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida U 33040, and BEACH RAKER, LLC ("CONTRACTOR"), a Florida limited liability company, whose address is 220 NE 131h Street, Pompano Beach, Florida 33060. WHEREAS, the parties hereto did on December 11, 2019, enter into an Agreement to provide professional beach cleaning, maintenance, and beautification, at Higgs Beach, Key West, E Monroe County, Florida, (hereinafter"Original Agreement"); and E WHEREAS, on July 21, 2021, the BOCC approved a First Amendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of 1.4% as of December 31, 2020, pursuant to the terms of the Original Agreement and to revise some U_ provisions in its contracts and/or agreements to update and/or add current revisions pursuant to its 0 -19 Ordinances, Purchasing Policy, and/or Federal Required Contract provisions; and c� WHEREAS, on May 18, 2022, the BOCC approved a Second Amendment to Agreement to increase payment amounts by the annual CPI-U adjustment of 7% as of December 31, 2021, °0 pursuant to the terms of the Original Agreement and to revise other provisions in its contracts and/or agreements to update and/or add current revisions pursuant to its Ordinances, Purchasing Policy, and/or Federal Required Contract provisions; and w WHEREAS, the Original Agreement term was for three (3) years and currently terminates 21 75 on December 31, 2022. The Original Agreement provides for up to three (3) additional one-year renewals; and WHEREAS, the Parties desire to extend the term for an additional one-year period with the term to commence on January 1, 2023, and terminate on December 31 2023; and a� WHEREAS, the new Parks and Beaches Department has now assumed monitoring of this contract rather than the Facilities Maintenance Department, which had monitored the contract in the past. The COUNTY, therefore, desires to update Paragraph 18, NOTICE REQUIREMENT, of the 0 Original Agreement, as amended, to correct the address for notice to the County; and U) 2 WHEREAS, the COUNTY desires to also revise some provisions in its contracts and/or agreements to update and/or add current revisions pursuant to its Ordinances, Purchasing Policy, and/or Federal Required Contract provisions; and 0 WHEREAS, CONTRACTOR agrees and consents to such revisions in its Original Agreement, as amended, to ensure compliance with Federal Required Contract Provisions, Monroe County Ordinances, and/or Purchasing Policy; and E WHEREAS, CONTRACTOR agrees to extend the term of the Original Agreement and i correct the Notice provision as to the County's address; and a� WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and 1 � Packet Pg. 210 C.7.b WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this Third Amendment to Agreement; 0 NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraph 6 of the Original Agreement, the County exercises its option to renew the agreement for the first of three (3) optional one-year periods. This renewal shall commence on January 1, 2023, and ends upon December 31, 2023, unless terminated earlier under Paragraph 20 of the Original Agreement. 2. Paragraph 18, NOTICE REQUIREMENT, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 18, as set forth in the Original Agreement, and E replace it in its entirety with the following paragraph: 18. NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any written notices or U_ correspondence required or permitted under this Agreement shall be sent by United -19 States Mail, certified, return receipt requested, postage pre-paid, or by courier with `u proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: a� X FOR COUNTY: FOR CONTRACTOR: 21 Monroe County Beach Raker, LLC. 5 Parks and Beaches Department 220 NE 131h Street, 102050 Overseas Highway Pompano Beach, FL 33060 0 Key Largo, FL 33037 c� and County Attorney 1111 121h Street, Suite 408 Key West, FL 33040 U U) 0 2 3. Paragraph 44.17, Domestic Preference for Procurements, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.17, as set forth in the Original 0 Agreement, and replace it in its entirety with the following paragraph: a� E 44.17 Domestic Preference for Procurements as set forth in 2 CFR §200.322 The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a E preference for the purchase, acquisition, or use of goods, products, or materials produced in a the United States (including but not limited to iron, aluminum, steel, cement, and other `"�'. manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under Federal E award. For purposes of this section: 2 Packet Pg. 211 as (1) "PrwxJuced its the United States" means, for hron and steel products, that 0 mruamnuufacturin Ilprocesses, firom the initial melting stage thirough the application of coathlV, oc,curred in the United States. (2)"Manufactured products" means items and construction rnaterials cornposed in whole or in part of non-ferrous metals such as alurninurn;pW%tiQs andl polymer-based pn3ducts, such as F.m yvinyl chloride pipe;aggregates such as concrete;gims, including optical fiber;and Wnwber. 4, Except as set forth in Paragraphs I thirough 3 of this Third Amendment to Agreement, in ape W other inspects,the terms and conditions set forth in the Original Agreement,as arnended,remain in E -0 NU force and effect. as E 'HEREOF,the parties hereto have set their hands and scab the day and year first 0 U_ BOARD 0J."CoLiNTYCOMMISSIONERS ADOK,CLEIRK, OF MOMME "')I pN I'Y, FLOWDA U By: As Depuky Clerk, a ,o U X LU W itnesses for CONTRACTOR OR: CONTRACTORu BEACH RAKER,LLC 5�7 U -Signature Sqnature of person authorized to U kgafly bind the Corporation 0 0 Date: ............... ................ ................ .2 Print Name Cn ................... Sjignature E F0,11i CW,4 New Fl-,- '3 0 ........... E , atew................................................. ................................................................... Tekphone Number 3 PATRKXA LABLES W -ITM fTTORNFY E Ir ................)T U Packet Pg. 212 G GV�S COURTSCOy C.7.0 Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: May 26, 2022 a� TO: William DeSantis, Director Facilities Maintenance CL U Chrissv Collins Executive Administrator Alice Steryou Contract Monitor a� FROM: Liz Yongue, Deputy Clerk E SUBJECT: May 18th BOCC Meeting 0 Attached are electronic copies of the following items for your handling: a� D4 2nd Arnendnnent to the Agreement with Beach Raker, LLC,for Beach Cleanirng, Maintenance, and Beautification at Higgs Beach with a CPI-U increase of 7%retroactive to April 1, 2022 and updated Federal contract proNrisions and/or Monroe County Ordinances and Purchasing Policy changes. TDC is the funding source. ., D6 One-year new Residential Lease with a County employee for Location E, Unit 1, to continence June 1, 2022 and extend through May 31, 2023. The monthly rental amount is x $550.00. 21 5 Should you have any questions please feel free to contact me at(305) 292-3550. N Q N i 00 LO E c14 cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 213 C.7.c SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL BEACH CLEANING, MAINTENANCE,AND BEAUTIFICATION HIGGS BEACH, KEY WEST, MONROE COUNTY, FLORIDA THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this 18th day of May 2022,between MONROE COUNTY,FLORIDA("COUNTY"), a political subdivision of the State of ai Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BEACH RAKER, LLC ("CONTRACTOR"), a Florida limited liability company, whose address is 220 NE 131h Street, Pompano Beach, Florida 33060. WHEREAS, the parties hereto did on December 11, 2019, enter into an Agreement to provide U professional beach cleaning, maintenance, and beautification, at Higgs Beach, Key West, Monroe County, LO Florida, (hereinafter"Original Agreement"); and WHEREAS, on July 21, 2021, the BOCC approved a First Amendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of 1.4% as of December 31, 2020, pursuant to the terms of the Original Agreement and to revise some provisions in a its contracts and/or agreements to update and/or add current revisions pursuant to its Ordinances, Purchasing Policy, and/or Federal Required Contract provisions; and WHEREAS, Paragraph 6 of the Original Agreement provides that the contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) as of December 31"of the previous year; and 0 WHEREAS, this Second Amendment is to amend the Original Agreement, as amended, to increase payment amounts by the annual CPI-U adjustment of seven (7%) as of December 31, 2021, pursuant to the terms of the Original Agreement; and WHEREAS, the COUNTY desires to also revise some provisions in its contracts and/or agreements to update and/or add current revisions pursuant to its Ordinances,Purchasing Policy, and/or Federal Required Contract provisions; and 0 WHEREAS, CONTRACTOR agrees and consents to such revisions in its Original Agreement, as 21 amended, to ensure compliance with Federal Required Contract Provisions, Monroe County Ordinances, t: and/or Purchasing Policy, and to increase its payment amounts; and CN Q cN WHEREAS, the parties have found the Original Agreement, as amended, to be mutually 001 beneficial; and t 9I WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this Second Amendment to Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein,it is agreed as follows: 1. In accordance with Paragraph 6 of the Original Agreement, the contract amount may be adjusted C14 annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year using the most recently published indicator. The CPI-U was seven(7%) on December 31, 2021. a 2. The Contract amounts, based on the seven (7%) CPI-U increase as of December 31, 2021, in Paragraph 5.b. of the Original Agreement shall be increased and amended as follows: 1 Packet Pg. 214 C.7.c $14,213.24 per month for regular hours seven (7) days per week for cleaning, maintenance, and beautification services (which includes the fenced beachside Children's Play Area on weekends, including equipment costs and dumping fees). $271.25 per hour for emergency cleaning, maintenance, and beautification services (ex. Post- hurricane clean-ups, including all costs associated with equipment, seaweed removal, and dumping fees). c� $271.25 per month for pressure cleaning the steps (5 sets once per month) into the water at Higgs Beach. U $271.25 per month for pressure cleaning the two (2) Pavilions/Bandstands (twice per month) at Higgs Beach. $433.99 per day for a second daily service beach cleaning (optional upon Owner's request) (ex. Excessive seaweed buildup on beach, including equipment costs and dumping fees). Total Compensation to CONTRACTOR under this Agreement for monthly cleaning, maintenance, and u beautification services, the pressure cleaning services of the steps and Pavilions/Bandstands, and any < second daily service beach cleaning shall not exceed Two Hundred Five Thousand Seven Hundred Thirty-four and 00/100 ($205,734.00) Dollars annually. Additional emergency work shall be performed in accordance with the rates set forth and described herein, but such work must be pre- ` approved. 3. The Contract payment amount adjustments set forth above shall be retroactive to April 1, 2022. 4. Paragraph 13, NONDISCRIMINATION, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 13 as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 0 21 13. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 75 CONTRACTOR and COUNTY agree that there will be no discrimination against N any person, and it is expressly understood that upon a determination by a court of Q competent jurisdiction that discrimination has occurred, this Agreement 0� automatically terminates without any further action of the part of any parry, effective L� the date of the court order. CONTRACTOR or COUNTY agrees to comply with all a� Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. This include but are not limited to: 1) Title VII 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 N 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 amended (20 E 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 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment 2 Packet Pg. 215 C.7.c 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 VIII of 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 Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of 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; and 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. a� 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- �E 1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, U- Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, 0 Appendix II, ¶ C, agrees as follows: c� 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender °0 identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual 0 orientation, gender identity, or national origin. Such action shall include, but not 1 75 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 0� CONTRACTOR agrees to post in conspicuous places, available to employees UI)� and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants E will receive consideration for employment 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 E 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 3 Packet Pg. 216 C.7.c 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. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the CONTRACTOR'S commitments under this section, and shall post copies of the notice in conspicuous places available to employees and 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 E Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to 0 his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, 21 and such other sanctions may be imposed and remedies invoked as provided in 75 Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of N the Secretary of Labor, or as otherwise provided by law. 8) The CONTRACTOR will include the portion of the sentence immediately 0� preceding paragraph (1) and the provision of paragraphs (1) through (8) in every ,i subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect E to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 4 Packet Pg. 217 C.7.c 5. Paragraph 18, NOTICE REQUIREMENT, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 18, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 18. NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is U deemed received by CONTRACTOR when hand delivered by national courier with Iq proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Beach Raker, LLC. Facilities Maintenance Department 220 NE 13Ih Street, 123 Overseas Highway —Rockland Key Pompano Beach, FL 33060 Key West, FL 33040 0 and County Attorney 1111 12Ih Street, Suite 408 Key West, FL 33040 °0 6. Paragraph 39, Uncontrollable Circumstance, of the Original Agreement, as amended, is hereby amended to delete the current Paragraph 39, and replace it in its entirety with the following paragraph: 0 75 39. UNCONTROLLABLE CIRCUMSTANCE N Any delay or failure of either Party to perform its obligations under this Agreement N1 will be excused to the extent that the delay or failure was caused directly by an event � beyond such Party's control, without such Party's fault or negligence and that by its L� nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical stone, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental N authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse perfonuance by Contractor under this Section. Contractor shall give County written notice within seven (7) days < of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, 5 Packet Pg. 218 C.7.c ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owner's Representative may determine. 7 Paragraph 44.2, Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708), of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.2, as 2 set forth in the First Amendment to Original Agreement, and replace it in its entirety with the following paragraph: U 44.2 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 forty (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 forty (40) hours in the work week. The requirements of 0 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. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in 0 any workweek in which he or she is employed on such work to work in excess 2' 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. NI 00 (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph(b)(1) of 29 C.F.R. §5.5, the LO 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 N 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 paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative 6 Packet Pg. 219 C.7.c 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 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 paragraph 29 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 U lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. 5.5 (1)through(4). 8. Paragraph 44.11, DHS Seal, Logo, and Flags, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.11, as set forth in the Original Agreement, and �E replace it in its entirety with the following paragraph: 44.11 DHS Seal, Logo, and Flags. Contractor shall not use the Department of c Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of 0 DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 9. Paragraph 44.18, Compliance with Federal Law, Regulations, and Executive Order, is hereby amended to delete the current Paragraph 44.18, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 0 44.18 Compliance with Federal Law, Regulations, and Executive Order. This is an 21 acknowledgement that FEMA financial assistance may be used to fund all or a t:. N portion of the contract. The contractor will comply will all applicable federal law, N regulations, executive orders, FEMA policies,procedures, and directives. Ni 00 Ir- i LO 10. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 44.21, FEDERAL E-VERIFY SYSTEM, and shall read as follows: u E 44.21 FEDERAL E-VERIFY SYSTEM d 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 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. 7 Packet Pg. 220 C.7.c 11. Except as set forth in Paragraphs 1 through I 1 of this Second Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. c� IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first ove written. U 1 z� BOARD OF COUNTY COMMISSIONERS t VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA E c��Nlr i •tl` � OYl By: _/OX As eputy Clerd Mayor E Date: Jr/ ��I ZG2Z 0 Witnesses for CONTRACTOR: CONTRACTOR: BEACH RAKER, LLC ot X c� ignature Signatur_ of 1 rson authorized to legally bi d the Corporation CN cN Date: S 1 5 Zd� Z Date: 3�2-� `Ni _C4 0 SLO Print Address: 2Zu pE Sign re CN Date ,"_ Telephone Number -' MONROOEEpCpOOUUNVTY ATTORNEEY''SS OFFICE �._. -- 8 PATRICIAEABLES -- ASSISTANT COUNTY ATTORNEY ME:, _____S/03/202') Packet Pg. 221 DATE(P C.7.c ACOR" CERTIFICATE OF LIABILITY INSURANCE 05/03/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement c this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). _ PRODUCER CONTACT NAME: KATHY HALE di DTRT Insurance Group/Loyal Clients A/CNNo Ext: 305-451-4510 a/c No: 305-451-7146 12550 West Atlantic Blvd ADDRESS: KATHY@DTRTINSURANCE.COM tj INSURER(S)AFFORDING COVERAGE NAIC# Coral Springs FL 33071 INSURERA: INFINITY ASSURANCE INS CO 39497 INSUREDCIL INSURER B: U BEACH RAKER LLC INSURER 7 220 NE 13TH ST INSURER D: INSURER E: POMPANO BEACH FL 33060 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence) ccurrence $ ✓f MED EXP(Any one person) $ O UL 'C7A"T"E PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: WAVER RVfA YES GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOC i PRODUCTS-COMP/OP AGG $ JECT OTHER: $ U AUTOMOBILE LIABILITY COEaMBINED accident SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y 509820058764001 05/03/2022 05/03/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XHIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ C5 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 21 DED RETENTION$ $ 4— WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER N ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ E.L.EACH ACCIDENT $ N OFFICER/MEMBER EXCLUDED? N/A N (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 00 1 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CLEANING SERVICES CERTIFICATE HOLDER IS ADDITIONAL INSURED C14 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED MONROE COUNTY BOCC ACCORDANCE WITH THE POLICY PROVISIONS. INSURANCE COMPLIANCE AUTHORIZED REPRESENTATIVE PO BOX 100085-FX DULUTH, GA 30096 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 222 BEACRAK-01 I C.7.c DATE.(MMIDDIYYYY) -------------------------------------------CE_RT_1F_1CA_TE__0F---L1AB1_L1_TY__1_N_S_U_RANC_E---------------------------t---- 11/29/2021 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 POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEID REPRESENTATIVE OR PRODU CER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(iies)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 or this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ------------------------------------------------------------------ PRODUCER CONTACT U) NAME:---------------------------------------------------------------- Plastridge Insurance Agency PHONE FAX(A/C,No,Ext): (561)276-5221 (A/C,N0):(561)276-5244 820 NE 6th Avenue E-MAILcs Delray Beach,FL 33483 -ADDRESS:del raydocs@pIastridge.com................................................ --------------------------IINSURERCS)AFMIRDIING COVERAGE................................NAIC#_ INSURER A:James River Insurance Co. 12203 INSURED INSURER B: EconomV Preferred Insuance Company----------38067------ L) BEACH RAKER,LLB -INSURER C ------------------------------------------------------------------------------------------------- Lo 220 SE 13th St -INSURER D ------------------------------------------------------------------------------------------------- Pompano Beach,FL 33060 -INSURER E:-------------------------------------------------------------------------------------------------- INSURER F: ------------------------------------------------------------------------------------------------------------------------ - ---------------------------------------------------------------------------------- GOVE GES CERTIFICATE NUMBER: REVISION NUMBER: -------------------------------------------------- ---------------- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIcf E 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 TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID-CLANS------------------------------------------------------------------- E IINSR--------------------------------------------------------- -AD-'D L S_`U`-B- -------------------------------------------------POLICY-EFF-_ POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NU ME,ER < ---------- 1,000,(A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ----------- _EACH AGE TO RENTED 100,( CLAIMS-MADE OCCUR 000976862 12/1/2021 12/1/20223 ' -2 occurrence___ 1 0--------- Y _MEALSESLE cLacuu ------ -------------------------------------------------- APPROVED BY RISK MANAGEMENT MED EXP_CArj one perLuq......$........................ 1,000,( PERSONAL&ADA INJURY $.............. GEN'L.AGGREGATE LIMIT APPLIES PER DATE 2 $ GENERAL.AGGREGATE 1000 1( ----------------------------------- PRO- JECT 2.000(POLICY LOC WAVER NA YES PRODUCTS-COMP/OP AGO $................,.......... OTHER: $- ----------------------- LIABILITY COMBINED SINGLE LIMIT 00 ----------------------$------------------------- ------ ANY AUTO BODILY------ BODI INJURY lPer_2ersoDl__._$........................ OWNED SCHEDULED ------ AUTOS ONLY ...... AUTOS BODILY INJURYIPer accidentj_$........................ HIRED NON-OWNED PROPERTY DAMAGE ------ AUTOS ONLY ------ AUTOS ONLY __CPer acckdemtj......................$------------------------ $ ----------- ----------------------------------------------------------------------------------------------------------------------------------------------- ------------------------- X -A:---------UMBRELLA LAB OCCUR EACH OCCURRENCE-------------$ 1100011 0) X EXCESS LIAR CLAIMS-MADE 000976882 12/1/2021 12/1/2022 AGGREGATE $ ---------- 21 ------------- ---------------DED-I----ERETENTION$ ----------------------------------------------------------------------------------------------------------------- -Aggregate $ CN 1,000,I -- --- E� WORKERS COMPENSATION ---------I-PIEW OTH- CN AND EMPLOYERS'LIABILITY STATUTE-- ER----_.__________________________ YIN Q ANY PROPRIETOR/PARTN L-KIL-AL-cu I IV' [ E.L.EACH ACCIDENT $ CN OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 00 If yes,describe under T_ ---------DESCRIPTION OF OPERATIONS below-----------------------------------------------------------------------------------------------------------------E.L_DISEASE_POLICY LIMIT $------------------------, LO E -----------------------------------------------------------------------I------------------------------------------------I-------------------I------------------I--------------------------------------------------------------- DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Operations: Beach Cleaning and Raking E The Certificate Holder is also listed as Additional Insured&Blanket Waiver of Subrogation as required by written contract is included on General Liability&Business Auto Policy. CN ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- E CERTIFICATE HOLDER CANCELLATION ----------------------------------------------------------------------------- ----------------------------------------------------------------- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE < THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Monroe County BOCC WITHIN 30 DAYS NOTICE. Insurance Compliance POBox 100085-FX ------------------------------------------------------------------------------------------------------------------ Duluth,GA 30096 AUTHORIZED REPRESENTATIVE ---------------------L-------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------- ACORD 25(2016/03) 1988-2015 ACORD CORPORATION II rinhis respri"' The ACORD name and logo are registered marks ofACORD FPacket Pg. 223 ACC—>R CERTIFICA rE OF LIABILITY INSURAlYCE DA r E hVl)d/DD(YYYY) 05117/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS HIS CER CERTIFICATE F_ T ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES TI IC L THIS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED OW T P Sa _ T� REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. REPRESENTATIVE I MPO T be c IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must ave ADDITIONAL INSURED provisions a. mdorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement On QIJ U) this Certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). NAME� PRODUCER CONTACT ...... ....... cs .... Bouchard Insurance for FrankCrurn PHONE 101 Starcrest Drive PAC,�vn Exli M E- AL Clearwater,FL 33758 INSURER(S)AFFORDING COVERAGE L) .. ........ - INSURER A� ArnerIcarl Zurich Insurancp Company 40142' INSURII:D INSURER B: 141) Frar*Criurn l2,Inc,Ali Ernp:Beach Raker LLC ........... 100 Sourti Wsscurii Avenue INSURER C Clearwatev,Ft.33756 INSURER D INSURER E COVERAGES CERTIFICATE NUMBER:21 FLO80969170 REVISION NUMBER. E THIS IS TO CIERTIFY THAT IIHE POLICIES OF VqSLIRANCE LISFED BEL.OW HAVE BEEN ISSUED FO IHIE WSURED NAMED ABOVI[.: FOR THE "OUCY PERIOD INDICAFED NOTVA HSTANDING ANY RII:QLAIRENTENT, FERNI OR CONM1ION OF ANY CONTRACT OR OTHEIR DOCUMENT WTH RESPECT TO 01H0'i THIS' CERTIFICATE MAY IBE ISSUED OR MAY PER AIN, THE INSURANCE: AFFORDED 113Y THE POUCIES DESCRIBED H1I::RE0,l IS SLJBJEC1 VO ALL 16IE rER:ms E EXCLA.)SlONS AND CONDITIONS OF SUCH POLACIES LAIAT's SHOViN NLAY HAVE E.IEEN REDUCED BY I:1AID CLAIMS uNV FCC I POLICY EXP AR TYPE OF INSURANCE IN5 POLICY NUMBER M 21)fylryy� hkk1InR1yYyyI, COMMERCIAL GENERAL LIABILITY I,C� �1 R1 N� 0 APPROVED BY RISK MANAGEMENT __-T 5,�17 JAINISMADE R, LL By . .......... DATE- 5/3[2022 ............ ....... ........ 3EN 1 0,611 o,,r_o�som WAVER NA YES PICHCY -c7 LUC I HE P, CID ... ........... ...... AUTOMOBILE LIABILITY 771- ................. �fili , it!uR,7 :P��i iq�ioqu LH) TOS rl'NLf ALI f0S NON�07ft-U IV rr's ON11 11 x UMBRELLALIAS EXCESS LIAB CO r� ................ . ....--------———------------ CN WORKERS COMPENSATION AND EMPLOYERS'UABILITY CN Q CN A WC 47-56 512 10 0&10112021 06101/2022 (Mandatory in Nml E, DiSh,��SE L A I.C E'C'l oo.j 00 ff T_ 2 to F OQ Xr,110,000 Location Coverage Period: 06t0112021 0610112022 Client# B0265 F1 E DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is requirech Beach Raker LLC dD Neely thl 5�& Iay vs22,0 N E tl 3th St E of,bW r of P,orlipaop Beach,FL 33060 to: CN ................... E CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE '1100 Simonloy I Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN < Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/031 The ACORD name and locio are registered marks of ACORD I Packet Pg. 224 C.7.d couflr� Kevin Madok, CPA Clerk of the Circuit Court& Comptroller—Monroe County, Florida U) DATE: July 29, 2021 TO: Alice Stery'ou Contract Monitor CL U 0 FROM: Scilly M. Abrams, D.C. SL]BJECT: July 21", 2021 BO)CC Meeting Attached, for your Iiandling, is an electronic copy of-Item t-6, First Amendment to E a Agreement with Beach Raker, LLC, for Beach Cleaning, Maintenance, and Beautification at Higgs Beach with a CPI-U increase of 1.4% retroactive to April 1, 2021 and updated Federal contract provisions and/or Monroe County Ordinances and Purchasing Policy changes. TDC is 0 the funding source. Should you have any questions, please feel free to contact Ine at ext.. 35.50. Thank you. � c� c� x 0 21 5 N i i ce: County Attorney E Finance U) File E 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. 225 FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL EACH CLEANING, MAINTENANCE, AND BEAUTIFICATION HIGGS BEACH, KEY WEST,, MONROE COUNTY,FLORIDA TMS, FIRST AMENDMENT TO AGREEMENT is made and entered into this 21st day oflUly, 2021, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Sirtionton. Street, ley West, Florida 33040, and BEACH RAKER, LLC U) ("CONTR-ACTOW'), a Florida limited liability company, whose address is 220 NE 13"' Street, 2 Pompano Beach, Florida 33060. WHEREAS,, the parties, hereto did on December 11, 2019, enter into an Agreement to provide U professional beach cleaning, maintenance, and beautification, at Higgs Beach, Key West, Monroe County, Florida, (hereinafter"Original Agreement"); and WHEREAS, Paragraph 6 of the Original Agreement provides that the Contract amount may be 3: adjusted annually in accordance with the percentage change in the U.S. T)cpartment of Commerce Consumer Price Index for all Urban Consumers (CPI-U)as of December 31'of the previous year-, and E WHEREAS, this First Amendment is to amend the Original Agreement to increase payment E amounts by the annual C111-IJ adjustment of 1.4%4 as of December 31, 2020, pursuant to the terms, of the Original Agreement; and 'WHEREAS, the COUNTY desires to,also revise some provisions in its contracts and/or agreements 0U_ L_ to update and/or add current revisions pursuant to its Ordinances,Purchasing Policy, and/or Federal Required 0 Contract provisions; and WHEREAS, CONTRAC"I"OR agrees and consents to such revisions, in its Original Agrccment to ensure compliance with federal Required Contract Provisions, Monroe County Ordinances, and/or Purchasing Policy and to increase its payment aniounts; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and cn WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement 0) and enter into this First Amendment to Agreement; 21 75 t: NOW,THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained V_ N herein,it is agreed as follows: I. In accordance with Paragraph 6 of the Original Agreement, the contract amount may be adjusted annually in accordance with the percentage changc in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-IJ) as reported by the U.S. Bureau of l,ab,or Statistics at December 31 of the previous year using the most recently published indicator. The CPI-U was 1,4%on December 31, 2020, E 'a 2. The Contract amounts,based on the 1.41X, CPl-U increase as of December 31, 2020�, in Paragraph 5.b. of the Original Agreement shall be increased and amended as follows: E U) V_ SIB,.283.40 per month for regular hours seven (7) days per week for cleaning, maintenance, and beautification services (which includes the fenced beachside Children's Play Area on weekends E (including equipment costs and dumping fees). S253.50 per hour for emergency cleaning,, maintenance, and beautification services (ex. Post hurricane clean-ups, including all costs associated with equipment, seaweed reirioval, and hrriping fees), Packet Pg. 226 5253.50 per month for pressure clear ng the steps (5 sets once per month) into the water at Higgs Beach, S253.50 per month for pressure cleaning the two (2) Pavilions/Bandstands (twice per month) at Higgs Beach. $405.60 per day for a second daily service beach cleaning (optional upon Owner's request) (ex, Excessive seaweed buildup on beach, including equipment costs and dumping fees), Total Compensation to CONTRACTOR. Linder this Agreement for monthly cleaning, maintenance, and beautification services, the pressure cleaning services of the steps and Pavilions/Bandstands, and any U second daily service beach cleaning shall remain the sarne and not exceed One Hundred Eighty-two Thousand Eight Hundred and O�0/100 ($182,800.00) Dollars annually. Additional emergency work shall be perfoirned in accordance with the rates set forth and described herein, but such work must be pre-approved, 3. The Contract payment amount adjustments set, -forth above shall be retroactive to April 1, E 2021. E 4. The second parag Vfi of'Paragraph 16, DISCLOSURE Al"AND CONFLICTOF INTEREST, of the Original Agreement, is hereby amended to revise that paragraph only as follows with the first 0 paragraph remaining as set forth in the Original Agreement: U_ 16. DISC'LOSURE AND CONFLICT OF INTEREST CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance: No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance ,No. 020- 1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or 10J X purchase price, or otherwise recover the full amount of any fee, commission,percentage:, gift, or 0 consideration paid to the forrner County officer or employee. 2, 5. Paragraph 25, ADJUDWATION OF DISPUTES OR DISAGREEMENTS, of the Original Agreement, is hereby amended to revise that paragraph as follows: CN V_ CN 25. ADJUDICATION OF DISPUTES OR DISAGRE EMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to E 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 E meet and confer sessions, 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 does not negate or waive the provisions of paragraph x or Article 8.1 concerning termination or E cancellation. 6. Paragraph 37, PUBLIC ENTITY CRIME INFORMATION STATEM ENT,of the Original Agreement, is hereby amended to revise that paragraph as follows: 37. PUBLIC ENT1,TV CRIME INFOR MATT ON STATEMENT 2 1 Packet Pg. 227 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perl'orm work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and U) rnay not transact business with any public entity in excess of the threshold amount provided in M Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being 0- placed on the convicted vendor list. T Paragraph 44 of the Original Agreement includes certain FEDERAL CONTRACT U 1 :EQUIREMENTS9 some of which are hereby revised and/or added to comply with Federal provisions Iq as set forth in the following paragraphs, '17he opening language of Paragraph 44 remains unchanged. 8. Paragraph 44.1, Davis-Bacon_AgL of the Original Agreement, is hereby amended to revise that paragraph as follows: E 44.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148), When required by Federal E program legislation, which includes emergency Management Preparedness Grant Program, < Homeland Security Grant Program,, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Prograrn, all 0 U_ prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U,SX §§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. If applicable, the COUNTY must place a current prevailing wage determination. issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract rarest be conditioned upon the acceptance of tile wage determination, The COUNTY must report all suspected or a, 75 reported violations to,the Federal awarding agency. t: IV- CN Q When required by Federal program legislation, which includes emergency Management CNI Preparedness Grant Program, I lomelandr Security Grant Program, Nonprofit Security Grant CNV_ Program, Tribal Homeland Security Grant, Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts E for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as E supplemented by Department of Labor regulations (29 CFI Part 3, "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 contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, E completion, or repair of public work, to give up any part of the compensation to which lie or she is, otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor, 'J"he contractor shall comply with 18 U.S.C. § 874, 401 U.S.C. § 3145, and, the requirements of 29 CER. pt. 3 as may be 3 1 Packet Pg. 228 applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breacl,,i. A breach of the contract clauses above may be grounds for U termination of the contract,, and for debartnent as a contractor and subcontractor as provided in 291 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a, statement with respect to the wages paid each of its employees E 'a engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the E contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site, of the 0 U- building or work. 9. Paragraph 442, Contract Work Hours and Safiely Standards Act (40 U.S.C. 6 63701 of the Original Agreement, is hereby amended to revise that paragraph as follows. 44.2 Contract Work Flours 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 CFI:. Part 51. Under 40 U.S.C. §3702 of the Act, each 21 75 contractor must compute the wages of every mechanic and laborer on the basis of a standard t: work week of 40 hours, Work in excess of the standard work week is permissible provided CN that the worker is, compensated at a rate of not less than one and a half til-nes the basic rate of C14 pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 CNI 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 E materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence, E Compliance with the Contract Work Hours and Safety Standards Act, U) (1) Overtime requirements. No contractor or subcontractor,contracting for any T- part: of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in E any workweek in which he or she is employed on such work to work in excess 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 pay for all hours worked in excess of forty hours in such workweek. (2) Violation; li ability for un paid wages; liquidated damages, In the event of any 4 1 Packet Pg. 229 violation of the clause set forth in paragraph(b)(1) of this section the 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 Colunibia,or a territory,to such District or to such territory), for liquidated dainages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, 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 paragraph (b)(1) of this U section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor E under any such contract or any other Federal contract with the same pril�ne contractor, or any other federally-assisted contract subject to the Contract E 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 0 U- L- damages as provided in the clause set rorth in paragraph (b)(2) of this section. 0 (4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1)through(4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for M compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4)of this section. X 0 10. Paragraph 44.4, Clean Air Act (42 U.S.C. 7401-7671gj and the Federal Water Pollution 2, Control Act (33 U.S.C. JLE25.1-1387), of the Original Agreement, is hereby amended to revise that It- paragraph as follows: CN Q CN V- 44.,4 Clean Air Act (42 U&C. 7401-7671q.) and the Federal, Water Pollution C14 Control Act (33 U.S.C. §kI,?2 I- Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C. §§7401-767tq) and the Federal Water Pollution Control Act, as E 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 E (EPA), The Clean Air Act (42 USC. §§7401-7'671q.,) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as arnended—applies to Contracts and subgrants of amounts in excess of $150,,000. The Contractor agrees to include these requirements in each subcontract exceeding $150,0001 financed in whole or in part with E Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in < turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 5 Packet Pg. 230 11. Paragraph 44.5, Debarment and Sus ension (Executive Orders 12549 and 12689), of the Original Agreement, is hereby amended to revise that paragraph as follows: 44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a ""covered transaction" (see 2 CFI 180,220) must not be made to parties listed on. the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB, guidelines at 2 CFR Part ISO that implement Executive Orders 12549 (3 CFI 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 U otherwise excluded by agencies, &q well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions, can be accessed at Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §1.80,935) or its affiliates (defined at 2 C.F'.R. §180.905) are excluded (defined at '2 C.F.R. §180,940) or disqualified (defined E at 2 CY.R. §180.935). The Contractor must corn ly with 2 CYR. pt. 180, subpart C p and 2 C.F.R. pt. 3000, subpart,C, and must include a requirement to comply with these E 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. 0 U_ L_ 3,000, subpart C, in addition to remedies available to the COUNTY, the Federal 0 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 CYR. pt. 180, subpart C and 2 CYR pt. 3000, subpart C while this offer is 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. 12. Paragraph 44.6, Byrd Anti-Lobbying Amendment (31 US.C. §1352), of the Original Agreement, is hereby amended to revise that paragraph as follows: 21 75 t: 44.6 Byrd Anti-Lobbying Amendment (31 U&C. §1352),Contractors that apply or bid for NV_ an award exceeding $100,000 must file the required certification. Each tier certifies to the tier C14 above that it will not and has not used Federal appropriated funds to pay any person or C14 organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered E by 31 U&C. § 1352. Each tier must also disclose any lobbying with non-Federal -funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded E from tier to tier Lip to the recipient Who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the Certification, attached hereto, as Exhibit I'D" to the: Original Agreement, must be signed and submitted by the Contractor to the COUNTY.) E 13. Paragraph 44.7, Compliance with Procurement of Recovered Materials as set forth in 2 CFI .a U §200.322, of the Original Agreement, is hereby amended to revise that paragraph as follows: 44.7 CornDliance with Procurenient of Recovered Materials as set forth in 2 CFI §200.322, CONTRACTOR must comply with section 60�02 of the Solid Waste Disposal 6 1 Packet Pg. 231 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 U) management services in a manner that maximizes energy and resource recovery; and M establishing an, affirmative procurement program for procurement of recovered materials 2 identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: U 1) Competitively within a timeframe providing for compliance with the contract performance schedule; 2) Meeting contract performance requirements; or 3) At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available E at EPA's Comprehensive Procurement Guidelines web site, gi.iideli.lie-cpg-pi-og'f'0,1.-Ii. E The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 0 U_ 14. The heading on Page 25 of the Original Agreement, titled Other Federal and FEMA Requirements, inserted prior to Paragraph 44.8, is hereby deleted from the Original Agreement. 1,5. Paragraph 44.13, as to the E-Verify System, of the Original Agreement, is, hereby amended to revise that paragraph as follows: 44.13 E-Verify Syste . Beginning January 1, 2021, in accordance with F.S. Sec. 448.095, X the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status 75 of all new employees hired by the Contractor during the term of the Contract and shall t: expressly require any subcontractors performing work or providing services pursuant to the N Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to CNI verify the work authorization status of all new employees hired by the subcontractor during CNI the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, The Contractor shall comply with and be subject to the provisions of F.S. Sec. 448,095. E 16. The Original Agreement is hereby amended to include the following in Paragraph 44, E FEDERAL CONTRACT REQUIREMENTS, identified as Paragraphs 44.16, 44.17, 44.18, 44.19, < U) and 44,20, which are Federal Required Contract Provisions, if applicable: V_ 44.16 Prohibition on Certain Telecommunications and Video Surveillance Services or EquiprisenE as set forth in, 2 CFR § 200.216. Recipients and subrecipients and their contractors an( subcontractors may not obligate or expend .any federal funds to (1) Procure or obtain; (2) Extend o renew a contract to procure or obtain; or (3)Enter into a contract for extend or renew a contract) t( procure or obtain equipment, services, or systems that uses coverer telecommunications equipment or services as a substantial or essential component of any system, o 7 1 Packet Pg. 232 as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or.ATE Corporation(or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillancf of critical infrastructure, and other national security purposes, video surveillance anc telecommunications equipment produced by Hytera Communications Corporation, Hangzho-L me Hikvi.sion Digital Technology Company, or Dahua Technology Company (or any subsidiary of affiliate of such entities). (H) Telecommunications or video surveillance services provided by such entities or using U such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by ar entity that the Secretary of Defense, in consultation with the Director of the National Intelligence of the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned oi E controlled by, or otherwise connected to, the government of a covered foreign country. E 44.17 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 0 U_ 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 be included in all sub,awards including contracts and purchase orders for work or products under Federal award. For purposes of this section: (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 X 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, 75 including optical fiber; and lumber. N 44.18 Compliance with Federal Law, Regulations, and Executive Orders. This is an N acknowledgement that FEMA financial assistance will be used to fund the contract only, N The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. E 'a 44.1.9 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 E entity, contractor, or any other party pertaining to any matter resulting from the contract. M It- 4i 44.20 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and E Statements) applies to the Contractor's actions pertaining to this contract. Packet Pg. 233 C.7.d 17. Except as set forth in Paragraphs 1 through 16 of this First Amendment to Agreement, in all other respects,the terms and conditions set forth in the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have set their hands on the day and year first above written. c� $ BOARD OF COUNTY COMMISSIONERS VIN MADOK,CLERK OF MONROE COUNTY,FLORIDA r By: 1�� U By: As De ty Clerk Mayor E Date: Ir l �, . Date: O Witnesses for CONTRACTOR: CONTRACTOR: BEACH RAKER,LLC .- c� r� S1 tllre Signa O soli authorized to _2 legally bind Corporation Date• 7 i z� Date: 4-z- CN i'Frryea t, CI Print game Ci Address: Zoo 1 41--" ignature E =L 3o(Qa -7) 1z1202 I 9SLI- !!;66 —350(P Date Telephone Number E c� ,parr WOXW"Rt<tt> rs QVVC item 9 �"'" �EWWftMk� ABS�ST1 HNEY OA'IE !1 Packet Pg. 234 U) u EXHIBIT 66D99 Certification Regarding Lobbying E E 0 U- 21 75 CN CD CN T- CN I- E E U) T- E 10 Packet Pg. 235 APPENDIX A 44 C.F.R. PART' 18—CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $1 00C ,000) Ceitification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief,that: U) I No Federal appropriated ftuids have been paid or will be paid, by or on behalf of the M undersigned, to an person. 1"(")r influencing or attempting to influencean officer or employee 2 Y of an agency, a.Member of Congress, an officer or employee of Congress, or an employee of as Member of Congress in. connection with the awarding of any Federal contract, the rnaking ot-' ariy Federal grant, the naakiiig of any Federal loan, the enteritag into of any cooperative U agreement, and the eXtenSion' CC)1-1tij1L1rajti,o'1j' renewal, arricridment, or niodification of ar.ty Federal contract, grant. loan, or cooperative agreement. 2. If ariv ftincis other than Federal appropriated fjjllc[S have been paid or kvili he paid to arly pers(,')n for influencing or attempting to influence an officer or employee of any agency.. a Metnber of Congress., an officer or ernployee (,-)f Congress, or ati ernployee of a Member Of E Congress in connection with this f�ederal contract, grant, loan, or cooperative agreernent, the Undersi&Ted shall complete and subnIft Standard Fonri-"LLL, ""Disclosure Form to Report Lobb ing,"" in accordan.ce Nvith its instructions. E Y 3. The undersigned shall require that the language of this certification be hicWded in the award 0 U- documents for all subawards at all tiers (including subcontracts, subgrants, and contracts L.mder grants, loans, and cooperative agreements) and that all subrecipients stm.11, certify and disclose accordingly, This certification is a material representation of fact: upon which reliance was placed when this transaction was made or entered into, Subinission of this certification is a prerequisite tbr niaking or entering into this transaction imposed by section 1352, title .)I, 11S. Code. Any person who fails to file the required certification shall I)e sul,aject to a civil penalty of n(-,)t less than $10,000 and not more th"111111 $100,000 for each such failtire. The Contractor- L' certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,, the Contractor 21 75 understands and agrees that tll proviSIOMS of 31 U.S,.C. Chap. 38�, Administrative Remedies t:- for False Claire d StatemsZol", apply to this certification and disclosure, if any. It- N N V- \-A ,,,,,A,--ignature 6flffontractor's Authorized Official E Name and Title of Cotitractor's Authorized Official Date 'a E U) V- E Packet Pg. 236 DISk LOSURE OF LOBBYING ACTIVITM,S STUAL,147 T 01 3— 1 12 12 1, ,rip d Te of Fed,-rai Ac ow of Fede,ralActiew R#port Typc �1.c A41.12 race s IIE I r, x-,rm'�awmni b; M�a,,en,zl chanze For kl2feriad Ckauge Oily. ate 0) maam;; er U) of lzm rej,,on 4 Name an d A ddi f ortiag Emdry IF, If Rtpoitim-Lott),in No 4 is Subam,,ardee, Eatez.Kame jud Addrm afhime-1 M CL M er dl�kzstmm u Cougresaioual Distnki-,it .:crwm 111' rederal DepartmiutAg/eucy Federal Pro, E CFDA N"mmb er,if ippp Icabl,,,, 8- 9 Award Amount.ffLaormm: E 0 10, ai. b, ladhritwah,, Pcrforaalzg Stmicen.s =r`U,Imz U- t ramc,NEI addnes,n If,Lff ' tcVmzI,:,0, I F"a) MUIL'IP, fir5f� ama -umumIric"n ,ch 11. Amount of Pw�mew,(check all flut-,app),y), 13, Type ofPayment 6rheck,a2thal,�pplv''I Elac r.ial Immi,d, me .1101122-lipr cis Li Elta. cca-=le tee x 11, Form afPwymemt we *cat kill that apply�,' L r�o mxz U, 0,1., F� a, ca",21 c' Itantgem"t fq�e M-4,1111i, marcri e i4ef-Mid, 1"a�UA' Odhal, Sp4-')nt'v CN 14 Brief Des,c�E#doz of Services Pc formed u to to perfor mak md Datei,:)of Scrvive,,inc ludigg, CN I or mm mbev, ',I cautIcted,for Pxwmemt la&uvi4 lulttm 11 V- CN I- CD a I a c i-I C o r.n m J,4,A n�ot i e,i, m e ce I I-, E 'a 1", Ccrubuuadoz attached": Yes No F-] C 0 7udr,3.' L SQm:-n,=1 S 1".",a 7, e nLo U) r.p'.ctt� Cctl aZ=��-UALv Imad Ibr 3%ai",317L'q,fav ft�iliiti tr E�4 E zf mn 4v, ,4L= 'S LIC, 17,o A,uthw�zed,rklr Local FWeprcduc'tw Federal T.77e Chjlv: Fom-UL c I Packet Pg. 237 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOII13YING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing Ora form is required for:such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer of employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional irdburnation if the space on the form is inadequate. Complete ail items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional U) inforination- Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. CL U 3, Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted U1 report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a,prime or subaward recipient. Identifythe tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include,but are not limited to subcontracts, subgrants and contract.awards under grant-. E 5. If the organization filing tile report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip codeofthe prune Federal recipient. Include Congressional District,if known. 6 Enter the name of the Federal agency making E ,theaward or loan commitment. Include aft one organization level below agency name,if known. For example,Department ofTransportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,cuter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 0 U_ 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for Proposal XT)number,Invitation for Bid(1FB)number,grant announcement number,the contract grant.or loan award number,the application/pTOPOSalcontrot number assigned by the Federal agency). Include prefixes,e.g., "UP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,cuter the Federal amount of` W the award/loan commitments for the prime entity identified in item 4 or 5, 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a), Enter Last Name, First Name and Middle Initial(MI). 11, Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check,all boxes that apply. If thus isa X material change report,enter the cumulative amount of payment made or planned to be made. 0 12, Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and 21 value of the in-kind payment.. 75 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. T_ 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform, and the CNQ date(s)of any services rendered. Include all preparatory and related activity notiust time spent in actual contact with Federal CN officials. Identify the Federal officer(s)or employee(s)contacted or the otficer(s)employec(s)orMember(s) of Congress that were T_ contacted. CN 15. Check whether or not a continuation sheets)is attached. 16. 'the certifying official shall,sign and date the form,print his/her name title and telephone number. E Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the E Office of Management and Budget,Paperwork Reduction Project U) (0348-0046),Washington,D.0 20503 SF-I-LL-Instructions Rev.06-04-90<<FWDIF>s 2-6d PART 2/COUNTY E 13 Packet Pg. 238 OOUR7a0 O p•,J4 cu,oLF•0'` Kevin Madok, cPA O . Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: January 24, 2020 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanco .C. A SUBJECT: December llie BOCC Meeting Attached is an electronic copy of die following item for your handling: E C22 Contract with Beach Raker, LLC, for Beach Cleaning, Maintenance and Beautification at Higgs Beach.TDC is the funding source. E Should you have any questions, please feel free to contact me at(305) 292-3550. c� 1 5 4- cc: Facilities Supervisor N County Attorney Finance N File E c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Kev.Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 239 C.7.e AGREEMENT FOR PROFESSIONAL BEACH CLEANING, MAINTENANCE,AND BEAUTIFICATION HIGGS BEACH,KEY WEST,MONROE COUNTY,FLORIDA This Agreement is made and entered into this llth day of December, 2019, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BEACH RAKER, LLC ("CONTRACTOR"), a Florida Limited Liability Company, whose address is 220 NE 13th Street, Pompano Beach, Florida 33060. U A WHEREAS, COUNTY desires to provide professional beach cleaning, maintenance, and beautification services at Higgs Beach, Key West, Monroe County, Florida; and WHEREAS, CONTRACTOR desires and is able to provide professional beach cleaning, maintenance, and beautification services at Higgs Beach, Key West, Monroe County, Florida; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide professional beach cleaning, maintenance, and beautification services at Higgs Beach, Key West, .Monroe County, Florida; _ NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: c� 1. THE AGREEMENT The Agreement consists of this document, the Request for Proposal (RFP) documents, exhibits, and any addenda only. c� 2. SCOPE OF THE WORK: 21 75 The Scope of Work shall include, but not be limited to, all work and / or services shown and listed in Exhibit "A", which is attached hereto and made a part hereof. The CONTRACTOR is required to provide a complete job as contemplated by this Scope of Work. The CONTRACTOR shall furnish all labor, supervision, materials, power, tools, equipment, supplies, transportation, incidentals, all Florida Department of Environmental Protection (F.D.E.P.) and the Army Corp. of Engineer's requirements and permitting, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, in accordance with ,the specifications herein, unless otherwise specifically stated: N It- See Exhibit A E A. -`-Submittals: Submittals are required for the following: a. Beach Tech 3000 or equivalent (as approved by the Director of Facilities/Parks & Beaches) - data sheets Packet Pg. 240 C.7.e b. Schedule c. Florida Department of Environmental Protection, Office of Beaches & Coastal Systems Beach Cleaning Permit d. Front End Loader with long pronged bucket e. Dump Truck f. Beach tilling contractor and equipment g. Seaweed disposal plan B. Applicable Ordinances U The CONTRACTOR shall specifically abide by Monroe County Code of Ordinances, Article V, Sea Turtle Protection, as follows: Sec. 12-114. Definitions. E The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Adjacent waters means waters abutting a nesting area and extending three hundred (300) feet to either side of it, and out to either three hundred (300) yards offshore or the limits of the property line, whichever is further. (b) Artificial light or artificial lighting means the light emanating from any man-made or man-controlled device. (c) Beach means the zone of unconsolidated material that extends landward from the mean low-water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. (d) Beach berm means a bare, sandy shoreline with a mound or ridge of unconsolidated sand that is immediately landward of, and usually parallel to, the shoreline and beach. The sand is 21 75 calcareous material that is the remains of marine organisms such as corals, algae and mollusks. The berm may include forested, coastal ridges and may be colonized by hammock vegetation. (e) Bug type bulb means any yellow colored incandescent light bulb, not to exceed twenty- five (25) watts, that is marketed as being specifically treated in such a way so as to reduce the attraction of bugs to the light. (f) Cumulatively illuminated means illuminated by numerous artificial light sources that as a group illuminate any portion of the beach. N (g) Daylight hours means the locally effective' time period between sunrise and sunset. It- (h) Hatchling means any species of marine turtle, within or outside of a nest that has recently hatched from an egg. E (i) Indirectly illuminated means illuminated as a result of the glowing elements, lamps, globes, or reflectors of an artificial light source, which source is not directly visible to an observer on the beach. 0) Jurisdictional boundaries, sea turtle protection, means the area on contiguous land within three hundred (300) feet of an identified or potential nesting area. 2 Packet Pg. 241 C.7.e (k) Mechanical beach cleaning means any mechanical means by which debris, including but not restricted to, trash, litter, seaweed or seagrass wrack, is removed from the beach. (1) Nest means the area in and around a place in which sea turtle eggs are naturally deposited or relocated beneath the sediments of the beach. (m) Nesting area means both identified nesting areas and potential nesting areas. (n) Nesting area, identified, means any area where sea turtles have been or are currently nesting, and the adjacent beach or other intertidal areas used for access by the turtles. (o) Nesting area,potential, means any area where sea turtle crawls have been observed. U (p) Nesting season means the period from April 15 through October 31 of each year. (q) Permitted agent of the state means any qualified individual, group or organization possessing a permit from the Department of Environmental Protection to conduct activities related to sea turtle protection and conservation. r Sea turtles means an specimen belonging to the species Caretta caretta (loggerhead ( ) () Y p g� g p � turtle), Chelonia mydas (green turtle), Dermochelys coriacea (leatherback turtle), Eretmochelys imbricata (hawksbill turtle) or any other marine turtle using the county beaches as a nesting habitat. (s) Tinted glass means any glass which: (1) Has been treated to achieve an industry- 0 approved, inside-to-outside light transmittance value of forty-five (45) percent or less (such transmittance is measured as the percentage of visible light that is transmitted through the glass); (2) Has a minimum five (5) year warranty for the level of light transmittance specified in subsection (1) of this definition; and (3) Has performance claims that are supported by approved testing procedures and documentation. (Code 1979, §13-61; Ord. No. 8-1994, § 1; Ord.No. 10-1998, § 1) c� X Sec. 12-115. Prohibition of activities disruptive to sea turtles. 21 (a) Prohibition of horseback riding, campfires, and vehicular traffic. Horseback riding and 75 campfires shall be prohibited on nesting areas during the nesting season. Vehicular traffic shall also be prohibited on nesting areas during the nesting season except for emergency and law enforcement vehicles, vehicles permitted on the beach for marine turtle conservation or research, p or vehicles used for beach cleaningm compliance with section 12-118. (b) Prohibiting storage or placement of any material in the nesting area. The storage or s placement of any material such as, but not limited to, construction material, rip-rap, trash and debris, mulch or other organic material, landscaping material, fill, vehicles, or boats, that has It- potential to impede movement of hatchlings or adults between ocean and nesting areas, or that It- may cover existing nests or nesting sites is strictly prohibited. (c) Development. All development shall be set back a minimum of fifty (50) feet from any area which serves as an active or potential nesting area for marine turtles. The fifty (50) foot setback will be measured from the landward toe of the most landward beach berm or from fifty (50) feet landward of mean high water (MHW), whichever results in the smaller total setback. The maximum total setback shall be one hundred (100) feet from MHW. (Code 1979, §13-62; Ord.No. 8-1994, § 2; Ord. No. 10-1998, § 1) 3 Packet Pg. 242 C.7.e Sec. 12-116. Standards for exterior artificial lighting. To prevent exterior artificial lighting from disorienting sea turtles and illuminating sea turtle nesting areas or nearby areas within the jurisdictional boundaries of Monroe County or adjacent waters during the nesting season, the following measures shall be taken to reduce or eliminate the negative effects of new or existing artificial lighting: (1) Exterior artificial light fixtures within direct line-of-sight of the beach shall be designed, positioned, modified, or removed so that: E (a) The point source of light or any reflective surface of the light fixture is not directly visible from the beach; and/or U A (b) The area within the jurisdictional boundaries is not directly, or indirectly illuminated; and/or (c) The area within the jurisdictional boundaries is not cumulatively illuminated. (2) Measures such as, but not limited to, the following shall be taken to reduce or eliminate the negative effects of new or existing artificial beachfront lighting through appropriate design: (a) Positioning of fixtures so that the point source of light or any reflective surface of E the light fixture is eliminated or is no longer visible from the beach; (b) Replacement of fixtures having an exposed light source with fixtures containing 0 recessed light sources or shields; (c) Replacement of traditional light bulbs with yellow bug type bulbs not exceeding twenty-five (25)watts or low-pressure sodium vapor lamps; (d) Replacement of non-directional fixtures with completely shielded directional fixtures that point down and away from the beach; (e) Replacement of fixtures having transparent of translucent coverings with fixtures having opaque shields covering an arc of at least one hundred eighty (180) degrees and l extending an appropriate distance below the bottom edge of the fixture on the seaward side so 21 that the light source or any reflective surface of the light fixture is not visible from the beach; 75 4- (f) Replacement of pole lamps with low-profile, low-level luminaries no higher than forty-eight(48) inches off the ground such as low-mounted wall fixtures, low bollards, and ground-level fixtures, so that the light source or any reflective surface of the light fixture is not visible from the beach; (g) Replacement of incandescent, fluorescent, and high-intensity lighting with the lowest wattage low-pressure sodium vapor lighting possible for the specific application; N It- (h) Planting or improvement of landscape vegetation in compliance with the land development regulations (section 118-7 environmental design criteria) between the light source It- and the beach to screen light from the beach; (i) Construction of ground level barriers in compliance with the land development regulations (section 118-7 environmental design criteria)to shield light sources from the beach; (j) Limitation of exterior lights used expressly for safety or security purposes. Any such lighting allowed must conform to the measures set forth in this section in order to reduce or eliminate negative effects on sea turtles; 4 Packet Pg. 243 C.7.e (k) Permanent removal of all floodlights, uplights, or spotlights used for decorative or accent purposes; (1) Permanent removal or disabling of any fixture which cannot be brought into compliance with the provisions of these standards and (m) Shielding or modification of any existing lighted sign pursuant to the land development regulations (section 118-6 environmental design criteria) such that it is not directly visible from the beach. (3) Upon written notification by the code compliance director, the mayor may impose an annual "lights out" order to residents and property owners for lights in areas of unincorporated U Monroe County during the Sea Turtle nesting season from April 15'h through October 31s'. The LO "lights out" order shall indicate the importance of sea turtle nesting and shall direct residents and property owners to turn their lights out between the hours of dusk until dawn. Further, the mayor may request utility companies to shield or turn off lights in designated areas for the same purpose. (Code 1979, §13-63; Ord.No. 8-1994, § 3; Ord.No. 10-1998, § 1; Ord.No. 035-2012, &1; Ord. No. 008-2013, §1) Sec. 12-117. Standards for interior artificial lighting. 0 1- To prevent interior artificial lighting from illuminating the jurisdictional boundaries or adjacent waters during the nesting season, measures such as, but not limited to, the following shall be taken to reduce or eliminate the negative effects of new or existing interior light emanating from doors and windows: (1) Interior artificial lighting within direct line-of-sight of the beach shall be designed, positioned, modified, or removed so that: (a) The point source of light or any reflective surface of the light fixture is not directly visible from the beach; 21 (b) The area within the jurisdictional boundaries is not directly or indirectly 75 illuminated; and (c) The area within the jurisdictional boundaries is not cumulatively illuminate (2) Measures such as, but not limited to, the following shall be taken to reduce or eliminate the negative effects of new or existing interior beachfront lighting through appropriate design: It- (a) Use of window treatments such as blackout draperies, shade-screens or blinds to It- shield interior lights from the beach; `- (b) Installation of new windows which meet the standards for tinted glass or, for existing windows, an application of window tint or film that meets the standards for tinted glass; c� (c) Turning off all unnecessary interior lights; (d) Arrangement of lamps and other moveable light fixtures away from windows; (e) Appropriate interior design to eliminate overhead lighting which could illuminate the nesting beach; and 5 Packet Pg. 244 C.7.e (f) For new construction within line of sight of the beach, tinted glass shall be installed on all windows and glass doors of single-or multi-story structures. (Code 1979, §13-64; Ord.No. 8-1994, § 4; Ord.No. 10-1998, § 1) U) Sec. 12-118. Standards for mechanical beach cleaning. c� All mechanical beach cleaning activities designed to remove debris from the beach or redistribute debris on the beach through the use of motorized vehicles or other mechanical means shall comply with the following standards: U (1) Timing: Beach cleaning shall be confined to daylight hours during the nesting season. (2) Mode of operations: During the nesting season (April 15 through October 31): (a) Beach cleaning operations shall be limited to the area seaward of the strand line (previous high tide mark). (b) Light-weight motorized vehicles having wide, low-profile, low-pressure tires, or hand raking shall be used to conduct beach cleaning operations. (e) Devices used for removing debris from the beach shall be designed and/or operated such that they do not penetrate beach substrate by more than two (2) inches. (d) Operators shall be educated to identify a sea turtle crawl (turtle tracks), recognize and avoid a sea turtle nest, report nests and/or crawls to a permitted agent of the state. (e) All excess raked material must be removed from the beach and disposed of properly or stored in an upland area as approved by the director of environmental resources. With special approval from the director of environmental resources and the state department of environmental protection, limited quantities of organic material may be incorporated into the substrate in order to enhance the.beach/berm system. c� (3) Coordination of beach cleaning operations with state-sanctioned scientific studies. All beach cleaning operations shall be coordinated through the state to ensure that these operations do not interfere with state-sanctioned scientific studies or surveys of sea turtle nesting activities. 4- , (4) Authorization. Any person performing mechanical beach cleaning must have a current permit from the Florida Department of Environmental Protection for the area being cleaned. (Code 1979, §13-65; Ord.No. 8-1994, § 5; Ord.No. 10-1998, § 1) Sec. 12-119. Protection from predation. cN V_ (a) No predatory pets or pets likely to have a potential for being disruptive or damaging to nesting turtles, hatchlings, or nests shall be allowed to roam loose and unsupervised within the jurisdictional boundaries during the nesting season. Such pets include, but are not limited to, dogs, cats, snakes, lizards or iguanas, ferrets and pigs. (b) Feeding of raccoons, opossums and other wild animals within the jurisdictional boundaries is prohibited. (Code 1979, §13-66; Ord.No. 8-1994, § 6; Ord.No. 10-1998, § 1) Sec. 12-120. Penalty. 6 Packet Pg. 245 C.7.e (a) Violations of this article may be prosecuted in the same manner as misdemeanors are prosecuted. In such cases, the violations shall be prosecuted in the name of the state in a court having jurisdiction over misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty(60) days, or both such fine and imprisonment. Violations may also be prosecuted through proceedings before the county code enforcement special magistrate, or through any other lawfully available means including civil and injunctive relief. (b) The property owner and, where applicable, his designee, agent, tenant, lessee, or , assignee, shall each be held responsible for adherence to the provisions of this article. (Code 1979, §13-67; Ord.No. 8-1994, § 7; Ord.No. 10-1998, § 1) Secs. 12-121—12-139. Reserved. 3. PERSONNEL Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor must assure that at least one (1) of its personnel can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the 0 County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations and all other applicable Local, State and Federal regulations. c� Uniforms are preferred for Contractor's personnel however; photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. c� X 0 21 4. BACKGROUND CHECKS/FINGER PRINTING 75 Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty(30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his ' designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay,worker's compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: 1) Warrants check; Packet Pg. 246 C.7.e 2) Fingerprints; 3) Local Records check; 4) Prior employment check; and 5) Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriff s Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. Additionally, MCSO may prohibit entry to, or remove from, any secure facility any Contractor t- employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the 0 employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 5. PAYMENTS TO CONTRACTOR x a. COUNTY'S performance and obligation to pay under this Agreement, is contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. b. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for professional beach cleaning service and maintenance performed under the specifications contained herein. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The County shall pay to the CONTRACTOR for the performance of said monthly service on a per month in arrears basis on or before the 30t" day of the following month in each of the twelve months. The Contract amount shall be as stated by the CONTRACTOR's bid as follows: c� $13,100.00 per month regular hours seven (7) days per week for cleaning, maintenance, and beautification services (which includes the fenced beachside Children's Play Are on weekends (including equipment costs and dumping fees). s Packet Pg. 247 C.7.e $ 250.00 per hour for emergency cleaning, maintenance, and beautification services (ex. Post- hurricane clean-ups, including all costs associated with equipment, seaweed removal, and dumping fees) $ 250.00 per month for pressure cleaning the steps (5 sets once per month) into the water at Higgs Beach. c� $ 250.00 per month for pressure cleaning the two (2) Pavilions/Bandstands (twice per month) at Higgs Beach. U $ 400.00 per day for a second daily service beach cleaning (optional upon Owner's request) (ex. Excessive seaweed buildup on beach, including equipment costs and dumping fees). Total Compensation to CONTRACTOR under this Agreement for monthly cleaning, maintenance, and beautification services, the pressure cleaning services of the steps and Pavilions/Bandstands, and any second daily service beach cleaning shall not exceed One Hundred Eighty-Two Thousand Eight Hundred and 00/100 ($182,800.00) Dollars annually. Additional emergency work shall be performed in accordance with the rates as set forth and described herein, but such work must be pre-approved. 0 6. TERM.OF AGREEMENT This three (3) year Agreement shall commence on January 1, 2020, and ends upon December 31, 2022, unless terminated earlier under paragraph 20 of this Agreement. c� The COUNTY shall have the option to renew this Agreement for up to an additional three (3) one-year periods at terms and conditions mutually agreeable to the parties, exercisable upon 21 75 written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of three (3)years. The Contract amount may be adjusted annually in accordance with the percentage change in the U. S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year using the It- most recently published indicator. E c� 9 Packet Pg. 248 C.7.e 7. LICENSES CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the COUNTY upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF BOOKS,RECORDS, DOCUMENTS,AND RIGHT TO AUDIT CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles E consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by E the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the CONTRACTOR. 0 RIGHT TO AUDIT: Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations V, V- E c� io Packet Pg. 249 C.7.e with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. U 9. 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 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. c� The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701, and the terms and conditions of this contract, the Contractor is required to: X (1) Keep and maintain public records that would be required by the County to perform the 21 service. 75 4- (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. N V- (4) Upon completion of the contract, transfer, at no cost, to the County all public records in V- 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. 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. 11 Packet Pg. 250 C.7.e (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 may be subject to penalties under Section 119.10, Florida Statutes. 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 OUESTIONS REGARDING THE APPLICATION OF 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(ii)MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408,KEY WEST,FL 33040. _ 10. INDEMNIFICATION,HOLD HARMLESS,DEFENSE,AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of 21 CONTRACTOR or any of its employees, agents, sub-contractors or other invitees during the 75 term of this AGREEMENT, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of CONTRACTOR or any of its employees, agents, sub- contractors, or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, ' contractors or invitees (other than CONTRACTOR). The monetary limitation of liability under this Agreement shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased 12 Packet Pg. 251 C.7.e expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Failure of CONTRACTOR to comply with the U requirements of this section shall be cause for immediate termination of this Agreement. INSURANCE Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. 0 COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $200,000.00 per person, $300,000.00 per occurrence, and $200,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $500,000.00 per occurrence combined single limit for Bodily Injury 21 5 Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents, and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. c� 11. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR 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 Agreement entered into by the COUNTY be required to contain any provision for waiver. 13 Packet Pg. 252 C.7.e 12. INDEPENDENT CONTRACTOR At all times and for all purposes under this Agreement, CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find CONTRACTOR or any of his employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. c� 13. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY , CONTRACTOR agrees 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 U 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 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, E religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC §794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse 0 Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC § 12101 Note), as maybe amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on 21 75 the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or 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 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal C,, Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment 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, 14 Packet Pg. 253 C.7.e 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 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 t- 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 E CONTRACTOR's legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a 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, and shall post copies of the notice in conspicuous places available to employees and 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 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. 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, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in N accordance with procedures authorized in Executive Order 11246 of September 24, It- It- 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. 8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or 15 Packet Pg. 254 C.7.e purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a cs result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States U 14. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this Agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, 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. Unless expressly provided for therein, such approval shall in no manner or event be E deemed to impose any additional obligation upon the COUNTY. 15. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS In providing all services/goods pursuant to this Agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. 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 Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. X 0 16. DISCLOSURE AND CONFLICT OF INTEREST 21 75 CONTRACTOR represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Section 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit E 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 16 Packet Pg. 255 C.7.e agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 17. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. E CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. A 18. NOTICE REQUIREMENT Any notice required or permitted under this Agreement shall be in writing and hand delivered or sent by United States Mail, postage prepaid, to the other party by certified mail, return receipt requested, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following addresses: FOR COUNTY: FOR CONTRACTOR: Monroe County Beach Raker, LLC. Facilities Maintenance Department 220 NE 13th Street, 3583 South Roosevelt Boulevard Pompano Beach, Florida Key West, FL 33040 33060 and Monroe County Attorney PO. Box 1026 Key West, FL 33041-1026 19. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services Q rendered under this Agreement. V- N 20. TERMINATION V- a. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, E the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. b. Either of the parties hereto may cancel this Agreement without cause by giving the other party ninety (90) days' written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. 17 Packet Pg. 256 C.7.e 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 violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. d. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one (1) weeks' notice to CONTRACTOR. 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 CONTRACTOR shall not 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 violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. e. Scrutinized Companies: For Contracts of any amount, if the COUNTY determines that the CONTRACTOR/CONSULTANT has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott 21 75 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/CONSULTANT 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. V- For Contracts of $1,000,000 or more,. if the COUNTY determines that the Q CONTRACTOR/CONSULTANT submitted a false certification under Section 287.135(5), It- V- Florida Statutes, or if the CONTRACTOR/CONSULTANT has been placed on the N 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 have the option of(1) terminating the Agreement after it has given the CONTRACTOR/CONSULTANT 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. 18 Packet Pg. 257 C.7.e 21. GOVERNING LAW, VENUE,AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the'laws of the State of Florida applicable to Agreements 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, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. c; 22. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the U terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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. 23. 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 0 Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. 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. 24. ATTORNEY'S FEES AND COSTS X COUNTY and CONTRACTOR agree that in the event any cause of action or administrative 21 proceeding is initiated or defended by any party relative to the enforcement or interpretation of 75 this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, 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. 26. 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 19 Packet Pg. 258 C.7.e party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 27. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 28. AUTHORITY c, 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. 29. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 30. 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. X 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. C,, CN 32. NON-RELIANCE BY NON-PARTIES cN 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 COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR 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 under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 20 Packet Pg. 259 C.7.e 33. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. U) 34. NO PERSONAL LIABILITY c� No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this U Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 35. 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. 36. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference 0 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. 37. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract 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 a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 38. MUTUAL REVIEW This Agreement has been carefully reviewed by CONTRACTOR and the COUNTY therefore, this Agreement is not to be construed against either party on the basis of authorship. ' 39. UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control,without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable 21 Packet Pg. 260 C.7.e Circumstance"). CONTRACTOR's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by CONTRACTOR under this Section. CONTRACTOR shall give COUNTY written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. CONTRACTOR shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The COUNTY will not pay additional cost as a result of an Uncontrollable Circumstance. The CONTRACTOR may only seek additional time at no cost to the COUNTY as the Owners Representative may determine. A 40. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the Request for Proposal (RFP) documents are incorporated by reference in this contract agreement. 41. ANNUAL APPROPRIATION E The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the COUNTY funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the COUNTY has no further obligation under the terms of this Agreement to the CONTRACTOR beyond that already incurred by the termination date. 42. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. X 43. FINAL UNDERSTANDING 21 This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or 75 understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. 44. FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix Il to 2 C.F.R. Part 200, as amended, including but not limited to: N It- 44.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, 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. §§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 22 Packet Pg. 261 C.7.e 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. If applicable, the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit "B" and made a part hereof. 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. When required by Federal program legislation, which includes Emergency S Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program U and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), 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, "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 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. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 0 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 21 75 4- (3) Breach. A breach of the contract clauses above may be grounds , for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 44.2, 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 It- It- awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics N T_ 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 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 23 Packet Pg. 262 C.7.e 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. 44.3 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 sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, , developmental, or research work under that "funding agreement," the recipient or sub U recipient 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. 44.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean _ Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and sub grants of amounts in excess of $150,000. 44.5 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 government wide 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 21 75 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. E 44.6 Byrd Anti-Lobby 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 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 an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered It- by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal Tunds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 44.7 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 amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection 24 Packet Pg. 263 C.7.e Agency (EPA) at 40 CFR 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. Other Federal and FEMA Requirements: U A 44.8 Americans with Disabilities Act of 1990, as amended (ADA) — The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 44.9 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under 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 2 C.F.R. § 200.321(as set forth in detail below), 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. X 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, 21 WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS 75 a. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises,and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business ' enterprises on solicitation lists; N (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; (5) Using the services and assistance, as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 25 Packet Pg. 264 C.7.e (6) Requiring the Prime contractor, if subcontractors are to be let,to take the affirmative steps listed in paragraph (1)through (5) of this section. 44.10 Access to Records - Contractor/Consultant and their successors, transferees, assignees, and 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/Consultants must: (1) Cooperate with any compliance review or complaint 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 may be necessary, as required by DHS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 44.11 DHS Seal, Logo and Flags — Contractor shall not use the Department of Homeland Security seal(s), logs, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 44.12 Changes to Contract—The Contractor understands and agrees that any cost resulting 0 from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. .Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 44.13 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 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. 44.14 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the Contractor will be bound by the terms and conditions of the applicable Federally- Funded Sub-award and Grant Agreement between County and the Florida Division of Emergency Management(Division). 44.15 The Contractor shall hold the Division and County harmless against all claims of It- whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and,required by law. c� [REMAINDER OF PAGE INTENTIONNALY LEFT BLANK] 26 Packet Pg. 265 C.7.e IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this A T. qM nt on the day and date first written above in counterparts, each of which shall, without rd--`f'deF,0..punting for the other counterparts, be deemed an original contract. d ry ' Ip , aYN m BOARD OF COUNTY COMMISSIONERS <°KKtt+rt �i } MADOK,CLERK OF MONROE COUNTY, FLORtDA By: A=Xft Deputy derk Mayor Date: iI, 2o19 Date: E 0 Witnesses for CONTRACTOR: CONTRACTOR: BEACH RAKER, LLC, A Florida Limited Liability Company c� N_'-y I( 'eAA� Signat a person authorized to Signature legally biiWCorporation X Date: 11 12C lei 1 21 5 L Date Print Name Address: 12o f 1IF t3=b Signatu CN It LZC iq 5Gi) -390 CN Q D Telephone Number o c O ? .)Q1 lL 4= W' MO DE COUNTY ATTORNEY'S OFFICE P QUED AST R 1 •, PATRICIA EABL.ES ASSISTANT COUNTY ATT RNEY DATE, . Z't 27 Packet Pg. 266 EXHIBIT "A" SCOPE OF WORK E E 0 U- 21 75 4- CN CN V- E .a u 28 Packet Pg. 267 C.7.e EXHIBIT "A" SCOPE OF THE WORK: This project requires the furnishing of all labor, materials, equipment, tools, transportation, services, incidentals, all Florida Department of Environmental Protection (FDEP) and the Army Corp. of Engineer's requirements and permitting, and the performing of all work necessary at Higgs Beach, Key West, Monroe County, Florida, in accordance with the specifications as follows: A. Beach Cleaning Required Services: The required services to be performed by the Contractor shall be to clean and maintain the entire length and width of the designated public beach areas from the water's edge to the curb line or. nearest edge of the pavement of the public road nearest to and E paralleling the beach area including the area between the White Street Pier and West Martello Towers, seven (7) days per week, weather and/or environmental conditions E permitting and for the fenced in children's play area on the beach side on weekends (Saturdays and Sundays). See Exhibit "C" attached for a map of the Higgs Beach Site Plan. Cleaning and maintaining includes daily seaweed and trash removal by the Contractor. - Proper disposal of seaweed shall be the Contractor' s responsibility. Cleaning and maintaining of the beach area is to be completed by 9:30 a.m. Higgs Beach must be cleaned using the Beach Tech 3000 machine or an equivalent (to be determined by the Facilities Maintenance/Parks & Beaches Director) that is capable of single pass cleaning on wet or dry sand, on the upper beach, along the tideline, and underwater beyond the tideline. The machine must have adjustable dig depths and the ability to collect the unwanted coral, rocks, seaweed, trash, litter, broken glass, sharp shells, animal droppings, encroaching vegetation, and cigarette filters, while returning the sand to the beach. The machine must lift and sift all sand to achieve a cleaned, aerated, and sanitized beach. The Contractor shall not change existing grades of beaches, bury or mix seaweed with sand, or place any seaweed trash or debris into the water, 21 75 along Atlantic Boulevard. The Contractor shall maintain all work areas within and outside the project boundaries free from any environmental pollution which would be in violation of any federal, state, or local regulations. V- Contractor shall be responsible for mobilization and demobilization of labor, materials, and equipment. Because of the need to mobilize daily, the Contractor shall maintain a V, yard within the Lower Keys (west of the Seven Mile Bridge) and shall have all steadily used V. equipment available at that site. All debris,trash, and seagrass removed from Higgs beach shall be properly disposed of at an approved landfill and/or transfer station. The Contractor shall provide copies of all dump tickets with the monthly invoice for the County' s records. 29 Packet Pg. 268 C.7.e Work is likely to be influenced by the tides. The tides can have an effect on the timing and work schedule. No extra claims shall be made for the tides or for other natural weather conditions. The Contractor will coordinate the beach cleaning action with the FDEP, Office of Beaches and Coastal Systems,to ensure that the expertise and overall desires of the Department with respect to beaches and shores are included in the everyday cleaning operation, all in accordance with the requirements of Chapter 161, Florida Statutes. The Contractor shall obtain and maintain all necessary permits and U approvals and shall comply with all federal, state, and local laws and regulations concerning the subject matter of the Contract Documents. B. Pressure Cleaning Required Services: The required services to be performed by the Contractor shall be to provide high- pressure cleaning for four (4) sets of steps and two (2) Pavilions/Bandstands located at Higgs Beach, Key West, Monroe County, Florida, to ensure a safe, clean environment for the visitors of Higgs Beach to enjoy. 0 Steps: The vertical and horizontal concrete steps located on Higgs Beach that allow safe entry and exit into the water are to be cleaned with high pressure water to ensure the removal of all algae and sand build-up. Frequency: Once per-month with the ability to provide additional services with a twenty-four (24) hour notice. The five (5) sets of steps should be cleaned at low tide. Pavilions/Bandstands: Both structures are to be cleaned with high pressure water to ensure the removal of natural and foreign debris. Specifically, the concrete surfaces should be free of contaminants. Frequency: The two (2) Pavilions/Bandstands should be cleaned twice per- month before sunrise. X 0 21 Equipment: High-pressure cleaner or equivalent, capable of removing both natural 75 and foreign contaminants from concrete surfaces. Equipment should be capable of removing the , contaminants without the use of chemicals (i.e. high-pressure water only). C. Alert: The Monroe County Board of County Commissioners has beach cleaning regulations in the Monroe County Code, Chapter 12, Article V, regarding ' protection of sea turtles. The Contractor shall use its best efforts to observe and to N immediately notify the Director of Facilities/ Parks & Beaches of any sea turtle nesting, attempted nesting, or crawl activity in the contracted areas. The Contractor Zi shall also coordinate and cooperate with State Agencies and sea turtle conservation groups during turtle nesting season. No beach cleaning activities shall take place E c� 30 Packet Pg. 269 C.7.e during April 15 through October 31 until Save-a-Turtle representatives and/or the Contractors Certified Turtle Inspector, have walked the beaches. D. Mechanized Equipment: Each vehicle utilized on the beaches shall have sufficient lights to illuminate its working area. Each vehicle utilized on the beach shall be identified by a registration number, which has been assigned by the State of Florida. All mechanized equipment that will be transporting debris, trash, litter, seaweed, sand, and refuse to a disposal site, or to and from the beach areas, shall be registered with the Florida Department of Highway Safety and Motor Vehicles, and shall be enclosed or completely covered to prevent discharge. All vehicles transporting debris or equipment shall travel along major arterial roads. Residential roads or streets may not be used, except where no other means of ingress and egress are available. The Contractor shall submit technical data of all beach cleaning equipment for review and approval by the Director of Facilities/ Parks & Beaches or his/her designee. The cleaning process should not remove significant amounts of sand from the beach. E. Debris, Trash and Litter Removal: Debris, trash, and litter removal, wood, plastic, glass, paper, tar, pine needles, palm fronds, coconuts, tree limbs, metal objects and other forms of debris, trash and litter deposited on the beach by the ocean or by bather usage, shall be raked up and removed to the disposal site on a daily basis. Trash Removal: Fixed or mobile trash containers of any nature; round, square, wood, or metal, provided by the County that are located anywhere on the sand and seaward of the curb or edge of the pavement of the nearest road paralleling the Beach area, shall be emptied and hauled to the disposal site on a daily basis. Contractor is responsible to provide all trash bags for the containers provided by the County. Trash floating in the water behind seaweed shall also be removed per FDEP regulations. F. Seagrass: The Contractor shall remove all seagrass including the tide level strand line whenever located on the beaches and haul it to the disposal site. The Contractor is responsible for disposing of seaweed in such a manner which would not be in violation of any federal, state, or local regulations. The Contractor shall keep a daily Log of seaweed removal represented in cubic yards and provide it to T, the Owner on a monthly basis attached to the monthly invoice. When seaweed rack is greater than ten inches (10") in depth, the Contractor shall use an initial cleaning method to supplement the final Beach Tech cleaning. G. Emergency Services: 31 Packet Pg. 270 C.7.e The Director of Facilities/ Parks & Beaches or his/her designee shall contact the Contractor immediately when an emergency call is needed. The Contractor shall also notify the Director of Facilities/ Parks & Beaches or his/her designee at 305-292-4431 immediately in the event of a facility emergency. The Contractor shall respond to all emergency calls which occur during normal working hours and holidays and weekends within three (3) hours of notification by the County. The Contractor shall invoice the County for emergency services based on the applicable hourly rate indicated in the Agreement. , H. Hazard Management: c, The Contractor agrees to provide such hazard management services as the Owner's representative may request. The Contractor agrees to be available for the performing of such services on an emergency basis and shall respond to the request for the correction of such hazardous conditions, within a twenty-four (24) hour period, such services shall be at additional hourly costs as established by the Bid Proposal, and include, but are not limited to, the shoring of eroding and deteriorated walkways by moving fill into place around them, grading storm-cut escarpments and removing threatening debris. Foreign material in excess of one (1) ton which must be lifted at once is excluded from 0 the Contractor's responsibility. I. Hurricane Conditions: In the event a hurricane, major storm, or act of God deposits unusual and excessive amounts of material on the beach, and the Owner' s representative reasonably agrees that such deposits are indeed excessive, the Contractor shall respond to the Owner's request within twenty-four(24) hours of notification. c� J. Protection of AirQuality: The air pollution likely to occur due to Contractor' s operations 21 75 shall be minimized by, requiring the use of properly operating combustion emission control devices on Contractor's vehicles and equipment and by encouraging the shutdown of motorized equipment not actually in use. Trash burning will not be permitted on the construction site. K. Erosion Control and Beach Repair: The Contractor shall possess equipment capable of providing certain It- It- beach repairs and erosion control measures. The Contractor agrees to maintain the N contour of the beaches against further wave action, and to maximize the usable sandy portion of the beach for recreational enjoyment. The beach is from time to time in need of certain measures for erosion control and repair and, accordingly, the Contractor agrees to provide the following services to the extent of reasonable capability: ' a. Backfilling of washouts, particularly at the foot of any stairs or entrance 32 Packet Pg. 271 C.7.e -ways b. Grading of excess sand deposits c. Grading of deep sand furrows and escarpments to a more easily navigated slope d. Adding sand to and grading around beach structures e. Spreading sand provided by the County to replenish sand loss due to storms and/or erosion f. Periodic placing and spreading sand on the beaches as directed by the , Director of Facilities/Parks & Beaches or his/her designee. A L. Closing of Beaches/Suspension of Service: Continuous operation of the County's beaches is of critical importance. The Contractor's operation shall not result in the interruption of use of the beaches by the public. Work such as sand placement and tilling that requires the temporary closure of any part of the beaches shall be planned in detail with appropriate scheduling of the work and coordinated with the Director of Facilities/ Parks & Beaches or his/her designee so that he/she can witness the closure and work. The Director of Facilities/ Parks & Beaches or his/her designee must E approve the temporary closure. All materials and equipment necessary to expedite the work shall be on hand prior to the beach closure. Clean-up of debris, excess sand, and complete restoration of fences, signposts, vegetation, and similar items must be performed prior to re-opening the beach and after sand placement is tasked. Failure by the Contractor to become acquainted with the physical conditions and all the available information will not relieve the Contractor from responsibility for properly estimating the difficulty or cost of successfully performing the work. The Contractor warrants that as a result of examination and investigation of all the aforesaid data, the Contractor can perform the work in a good and workmanlike manner and to the satisfaction of the County. The County assumes no responsibility for any representations made by any of it officers or agents during or prior to the execution of this Contract, unless (1) such representations are expressly stated in the Contract, and (2) the Contract expressly provides that the responsibility therefore is assumed by the County. Suspension of Services may become 21 necessary in an emergency situation defined as either "force majeure/uncontrollable 75 circumstances" or "man-made". The County reserves the right to suspend beach cleaning services for an indefinite period of time to allow for evaluation and emergency recovery. If the duration of the suspension of cleaning services extends past seven (7) calendar days, the E Contractor compensation will also be suspended. M. Interfering Structures: ' Contractor shall take necessary precautions to prevent damage to existing cN structures whether on the surface, aboveground, or underground. Protect underground and above ground existing structures from damage, whether or not they lie within the limits of the easements obtained by the Owner. Where such existing fences, gates, sheds, buildings, or any other structure must be removed in order to properly carry out the work, or are damaged during construction, restore to their original condition to the satisfaction of the property owner involved at the Contractor's own expense. Notify the Director of Facilities/ Parks & Beaches of any damaged underground structure, and make repairs or replacements. Without additional 33 Packet Pg. 272 C.7.e compensation,the Contractor may remove and replace in a condition as good as or better than original, such small miscellaneous structures as fences and signposts that interfere with the Contractor's operations. U) c� U A E 0 c� 21 75 4- E T- N T- T- N T- E c� 34 Packet Pg. 273 U) EXHIBIT "B" u Davis Bacon Wages Determination E E 0 U- 21 75 4- CN CN V- E 35 Packet Pg. 274 C.7.e DAVIS BACON WAGES "General Decision Number: FL20190022 08/30/2019 Superseded General Decision Number: FL20180063 U A State: Florida Construction Type: Building E County: Monroe County in Florida. E BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10 . 60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 . If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage 21 5 determination at least $10 . 60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for E all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on N the contract does not appear on this wage determination, the It- contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5. 5 (a) (1) (ii) (or the EO minimum wage rate, if it is c� higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the 36 Packet Pg. 275 C.7.e Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol .gov/whd/govcontracts . c� Modification Number Publication Date U 0 01/04/2019 1 02/01/2019 2 02/15/2019 3 08/30/2019 a ELEC0349-003 09/01/2018 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 34 . 36 12 . 62 ---------------------------------------------------------------- c� ENGI0487-004 07/01/2013 Rates Fringes x 0 OPERATOR: Crane 21 5 All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29. 00 8 . 80 E Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under. . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 N It- IRON0272-004 10/01/2017 Rates Fringes c� IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 24 . 89 10 . 10 ---------------------------------------------------------------- * PAIN0365-004 08/01/2019 37 Packet Pg. 276 C.7.e Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 11 . 28 ---------------------------------------------------------------- c� SFFL0821-001 01/01/2019 U Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 28 . 38 19 . 44 ---------------------------------------------------------------- E SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 -12 . 18 c� ---------------------------------------------------------------- SUFL2009-059 05/22/2009 c� Rates Fringes 21 5 CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 a CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 N LABORER: Common or General. . . . . . $ 8 . 62 0 . 00 NV- LABORER: Pipelayer. . . . . . . . . . . . . . $ 10 . 45 0 . 00 c� OPERATOR: Backhoe/Excavator. . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 38 Packet Pg. 277 C.7.e OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 .21 0 . 00 c� PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 CL t) ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 SHEET METAL WORKER, Excludes E a HVAC Duct Installation. . . . . . . . . . . $ 14 . 41 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 ---------------------------------------------------------------- c� WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . c� 0 21 5 Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide N employees with 1 hour of paid sick leave for every 30 hours It- they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including c� preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic 39 Packet Pg. 278 C.7.e violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol .gov/whd/govcontracts . Unlisted classifications needed for work not included within c� the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses U (29CFR 5. 5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the LL cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular c� rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate 0 (weighted union average rate) . X 0 Union Rate Identifiers 21 5 4- A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were V- prevailing for that classification in the survey. Example: CD cN PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of V- CN the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number E c� where applicable, i. e. , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . 40 Packet Pg. 279 C.7.e Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . c� Survey Rate Identifiers U Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all E a rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 c� in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. c� X 0 Survey wage rates are not updated and remain in effect until a 21 5 new survey is conducted. E Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate N that no single majority rate prevailed for those It- classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union c� average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. 41 Packet Pg. 280 C.7.e A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. U) c� U ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can E a be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted 21 75 because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. N With regard to any other matter not yet ripe for the formal It- process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: E c� Branch of Construction Wage Determinations Wage and Hour Division U.S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 42 Packet Pg. 281 C.7.e 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative c� Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board c� U.S . Department of Labor 200 Constitution Avenue, N.W. 21 75 Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . c� END OF GENERAL DECISION" E c� 43 Packet Pg. 282 EXHIBIT 66C99 Higgs Beach Site Plan E E 0 U- 21 75 4- E CN CN V- E 44 Packet Pg. 283 - %9,9 q4!m 4uawpuawVu n a 3{ yo no x AIIn - uawaa 6LO /LL/ L :4u9wgo v m co n; N V � G. Q� J4 U RS G. c lull Mill � � " '4• I ti CSC ' • Y a5n j r { � 3a W b ul r Z t titi fE 45 C.7.e ACC CERTIFICATE OF LIABILITY INSURANCE Da1,;IMMIDDmrm 06118/2019 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(les)must have ADDITIONAL INSURED provisions or be endorsed. I 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 certiflcato holder In lieu of such endorsements. PRODUCER cONTACT Loma Staab NAME:i DTRT Insurance Group/Loyal Clients ;HONK (877)671-3878 rAx No:. (855)329-3878 12550 West Atlantic Blvd E,ko-MAIL RE SS, lnfq@dtrUnsurence.com c5 n INSURER(S)AFFORDING COVERAGE NAIL 1r Coral Sprinqs FL 33071 INSURER A: EVANSTON INSURANCE COMPANY 35378 INSURED INSURER B: METROPOLITAN CASUALTY INSURANC 40169 BEACH RAKER LLC L) INSURER C: 220 NE 13TH ST INSURER D: INSURER E: I POMPANO BEACH FL 33060 INsuRERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES;LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.. INSR ADDLSUBR POLICY EFF POLICY EXP I LTR TYPE OF INSURANCE INSD Inn POLICY NUMBER MMID ffA.MMDfyYYyl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 E I CLAIMS-MADE I OCCUR P EMISES'En occurrence) S 1,000,000 _ MED EXP(Any ane person) S 5,000 A y y MKLV2PBC000265 05/04/2019 05/04/2020 "-PERSONAL&ADVINJURY s 1,000,000 0 GGEN'L AGGREGATE LIMIT APPLIESPER: GENERALAGGREGATE S 2,000.000 POLICY❑JEa J LOC PRODUCTS-COMP/OFAeG S 2,000,000 E] OTHER. S (O AUTOMOBILE LIABILITY Ea acc d�ED SINGLE LIMIT" g 1,000,000 ANY AUTO BODILY INJURY(Per person) $ 'OWNED SCHEDULED B AUTOS ONLY AUTOS Y Y CA024324P2019 05/04/2019 05/04/2020 BODILY INJURY(Per accident) a V HIRED NON•OWNED PROPERTYOAMAGE g AUTOS ONLY X AUTOS ONLY eracndent S UMBRELLALIA6 OCCUR EACH OCCURRENCE S 1,000,000 A X EXCESSLIAB CLAIMS-MADE MKLV2EUL103297 05/04/2019 06/04/2020 AGGREGATE $ 1,000,000 DED RETENTIONS PR/COMP OPS AGG s 1,000,000 WORKERS COMPENSATION STATUTE rA AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMSER EXCLUDED? NIA r-. E.L.EACH ACCIDENT $ (Mandatory in NH) AP - ISK E.L.DISEASE-EA EMPLOY S a f yes,describe underOF O ,t( E.L DISEASE-POLICY LIMIT I S DESCRIPTION 4F OPERATIONS below _ DA '}' r^ _ MNAI1l R �1/. ya_ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more apace is required) ADDITIONAL INSURED AND WAIVERS OF SUBROGATION APPLY ONLY IF REQUIRED BY WRITTEN CONTRACT AND AS PER THE POLICY TERMS AND CONDITIONS C"I c"I CERTIFICATE HOLDER CANCELLATION E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE U THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. MONROE COUNTY BOCC 1100 SIMONTON STREET AUTHORIZED REPRESENTATIVE E KEY WEST FL 33040 Oappr �r- 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 285 C.7.e DATE tMMIDD/YYYY) Aecwzb CERTIFICATE OF LIABILITY INSURANCE `,y- 06/18/2019 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. u) 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 endorsement(s). PRODUCER CONTACT NAME: Bouchard Insurance for Frank Crum PHONE No: , 101 Starcrest Drive U: ) Clearwater,FL 33758 E-MAIL ADDRESS: l) INSURERS AFFORDING COVERAGE NAIC# INSURER A:American Zurich Insurance Company 40142 LO INSURED INSURERS: FrankCrum 12,Inc.Alt Emp:Beach Raker LLC 100 South Missouri Avenue INSURER C: Clearwater,FL 33756 INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:19FL080969170 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 INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADO UBR POUCY NUMBER MMIDDY= MMIUC WY. LIMITS LTR 0 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S LL DAMAGE TO RENTED: CLAIMS-MADE 1-1 OCCUR PREMISES Ea oesraRence S MED EXP(Any oneperson) S _ cu PERSONAL BADVINJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ cu U POLICY L_]JECTP LOC ^�y Bi PRODUCTS-COMPIOPAGG !S G�FI1SK hAGE s OTHER {AUTOMOBILE LIABILITY DY Ee aBCNdEDtSINGLE OMIT S ANY AUTO y _ BODILY INJURY(Per person) $ OWNED SCHEDULED -- — —AUTOS ONLY AUTOS BODILY INJURY(Per accident) $1��® �� / HIRED NON-OWNED WAIv6T1'RIIR `q{E�, PROPERTY:DAMAGE S AUTOS ONLY AUTOS ONLY 111 I Par acc dens S �- UMBRELLALIAB HOCCUR EACH OCCURRENCE S a EXCESS LIAB CLAIMS-MADE AGGREGATE S OED I RETENTION S S WORKERS COMPENSATION xPER AND EMPLOYERS'LIABILITY STATUTE FOR ANYPROPRIETORIPARTNERIF-XECLMVE Y/N E:L EACH ACCIDENT S 1,000,001 A OFFICER/MEMBEREXCLUDED? NIA WC 47-58-512-08 06/0112019 06/01/2020 O) (Mandatory in NH) E,L.DISEASE-EA EMPLOYEE S 1,000,001 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT(S 1,000.001 CD t'4 Location Coverage Period: 06/01/2019 06/01/2020 Client# B0265-FL c^4 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Coverage;.ls propidb"d for Beach Raker LLC only Ihosa'co-employees 24 NE 13th St Gp of,but not subcontractors Pompano Beach,FL 33060 to: U CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 ` Packet Pg. 286 ©1988-2015 ACORD CORPORATION. Ali rights reserved- FDA�TE(P C.71 ACORN® CERTIFICATE OF LIABILITY INSURANCE 05/03/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement c this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: KATHY HALE DTRT Insurance Group/Loyal Clients A/CON No, Ext: 305-451-4510 FVC No: 305-451-7146 12550 West Atlantic Blvd ADDRESS: KATHY@DTRTINSURANCE.COM INSURER(S)AFFORDING COVERAGE NAIC# Coral Springs FL 33071 INSURERA: INFINITY ASSURANCE INS CO 39497 INSURED INSURER B BEACH RAKER LLC INSURERC: (� 220 NE 13TH ST INSURER D INSURER E POMPANO BEACH FL 33060 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC L) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH o 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ^ DAMAGE TO RENTED CLAIMS-MADE1:1 OCCUR APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $ BY '�;: ;.. MED EXP(Any one person) $ DATE �� ' PERSONAL&ADV INJURY $ � GEN'L AGGREGATE LIMIT APPLIES PER: WAVER NIA YES GENERAL AGGREGATE $ POLICY jECT LOC i PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ A OWNOS ONLY AUTOS ED SCHEDULED Y 509820058764001 05/03/2022 05/03/2023 BODILY INJURY(Per accident) $ AUT /� � XHIRED NON-OWNED PROPERTY ccid DAMAGE $ AUTOS ONLY AUTOS ONLY Per aent $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 00 DED RETENTION$ $ N WORKERS COMPENSATION PER OTH- I AND EMPLOYERS'LIABILITY Y/N STATUTE ER yv°j ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/ALO (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ LU L) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ' CLEANING SERVICES CERTIFICATE HOLDER IS ADDITIONAL INSURED c5 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED MONROE COUNTY BOCC ACCORDANCE WITH THE POLICY PROVISIONS. INSURANCE COMPLIANCE AUTHORIZED REPRESENTATIVE PO BOX 100085-FX _ DULUTH, GA 30096 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 287 C.7.f DATE(MM/DD/YYYY) AC "R" �,. CERTIFICATE OF LIABILITY INSURANCE 08/03/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bouchard Insurance for FrankCrum PHONE FAX 101 Starcrest Drive A/c No Ext: A/C No): E-MAIL Clearwater, FL 33758 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# U) INSURERA: American Zurich Insurance Company 40142 INSURED INSURER B: U FrankCrum 12,Inc.Alt.Emp:Beach Raker LLC 100 South Missouri Avenue INSURER 7 Clearwater,FL 33756 INSURER D INSURER E: U INSURER F: COVERAGES CERTIFICATE NUMBER:22FLO80969170 REVISION NUMBER: LO 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 TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YWY MM/DD/YWY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JJECT LOC PRODUCTS-COMP/OP AGG $ .. OTHER: $ AUTOMOBILE LIABILITY CMBINEDSINGLELIMIT $ EaO accident ANY AUTO .: 0 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ �y HIRED NON-OWNED „,„, PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident � .8 . 4 22 $ UMBRELLALIABH I �� Cn OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ Cn DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER CL A NYPR0PRI ETO R/PA RT N E R/EX EC UT I V E Y/N E.L.EACH ACCIDENT $ 1,000,0 x A OFFICER/MEMBER EXCLUDED? ❑ N/A WC 47-58-512-11 06/01/2022 06/01/2023 LU (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 11000,0 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,0 Location Coverage Period: 06/01/2022 06/01/2023 Client# B0265-FL E DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Beach Raker LLC Coverage is provided for 220 N E 13th St only those co-employees of,but not subcontractors Pompano Beach, FL 33060 to: CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commissioners(BOCC) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Packe Pg TIO©1988-2015 ACORD CORPORA . 288 ACORD 25(2016/031 The ACORD name and loao are reaistered marks of ACORD BEACRAK-01 C.71 '4caRo CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `.�• 11/29/2022 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 THEPOLICIE1 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Plastridge Insurance Agency PHONE 808-6665 FAX 820 NE 6th Avenue (A/C,No,Ext):(561) (A/C,No):(561)276-5244 Delray Beach, FL 33483 ADDRESS:rbrawner@plastridge.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:James River Insurance Co. 12203 INSURED INSURERB: ECOnOm)/Preferred InSUanCe Company 38067 U) BEACH RAKER,LLC INSURERC: 220 SE 13th St INSURER D Pompano Beach,FL 33060 INSURER E a INSURER F: CL COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: U THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI o INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: ul CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS , LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000,1 CLAIMS-MADE E)( OCCUR 000975863 12/1/2022 12/1/2023 DAMAGE TO RENTED 100'I PREMISES Ea occurrence $ Y Y MED EXP An one person) $ 5,1 PERSONAL&ADV INJURY $ 1'000'I GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2'000'I POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,1 JECT OTHER: $ COMBINED SINGLE LIMIT O AUTOMOBILE LIABILITY Ea accident $ L_ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C5 $ (� A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,100 X EXCESS LIAB CLAIMS-MADE 000975883 12/1/2022 12/1/2023 AGGREGATE $ M DED RETENTION$ Aggregate $ 1,000,1 N WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ Ci If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ LU a I) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMEN Operations: Beach Cleaning and Raking BY. .. The Certificate Holder is also listed as Additional Insured&Blanket Waiver of Subrogation as required by written DATE contract is included on General Liability&Business Auto Policy. WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Y WITHIN 30 DAYS NOTICE. 1111 12th Strett, Suite 408 Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 289