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Item I4 I4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 Board of County Commissioners Meeting July 19, 2023 Agenda Item Number: I4 2023-1212 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner n/a AGENDA ITEM WORDING: Approval of Contract with ASAP, Inc. for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County. ITEM BACKGROUND: At its June 21, 2023, meeting the Monroe County Board of County Commissioners ("BOCC" or "Board") approved the selection of four contractors for the `Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County', including: ASAP, Inc., American Underwater Contractors, Inc., Coffin Marine Services, Inc. and Live Flyer, Inc. Subsequently, staff prepared contracts for these selected marine contractors. The attached contract with ASAP, Inc. provides for a three-year term, with the option to renew for one additional two-year term. There is currently budgeted $60,000 in State Boating Improvement Funds (BIF) for FY'2023 for waterway marker maintenance. PREVIOUS RELEVANT BOCC ACTION: August 2018 - BOCC approved contracts with five contractors for services related to the installation and maintenance of aids to navigation and regulatory markers in the Florida Keys waters within Monroe County for three years. July 2021 - BOCC amended contracts with the five contractors to provide for an additional two-year term. June 2023 - BOCC approved selection of four contractors for services related to the installation and maintenance of aids to navigation and regulatory markers in the Florida Keys waters within Monroe County and directed staff to prepare contracts for these selected marine contractors. CONTRACT/AGREEMENT CHANGES: N/A. 4016 STAFF RECOMMENDATION: Approval. DOCUMENTATION: 2023 mark-er contract- county forms -ASAP.pdf 2023—Mark-er—Contract—ASAP—Inc.-ASAP_signed.pdf 2023 04 ASAP COI AL GL WC Pollution exp 8.16.23 Signed.pdf FINANCIAL IMPACT: Effective Date: September 1, 2023 Expiration Date: August 31, 2026 Total Dollar Value of Contract: n/a Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: State BIF 157-62520-530340 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: n/a County Match: Insurance Required: yes - attached 4017 SEC'TIONTHREE: COUNTY R",)IZ1,1VIS (ISMS 11) 1110 SUBM11-TED IMIS TABBIU) INFORMATION- SFCTION 1 f 1 ) A''I"I"ACI I M EN]' A CeirliAcation Regaadhi�,,, Debai-nient or Siispensiut� In amuplAnce wkh Agmements"nd grmns agmmuwas applicable under We U S BMW Mwirds ProgranL the UkWng cenMeation is required by all as proposal in to this fed ueso for (")U'ahficatioris, 1. 'rhe Floposer cerbRes, to the best of its ki'lowledl',;e atu"i Lwkef, that neither the Frq,')oser nor As PrincWals are stispended. debarred, proposed Or debannenn or deeWrwJ inehg% 0 the award of lygreenients Axim be L)i)ited Stzites, federal ptoeorentent or nompmomemem Inogranis, cw are hmei(i in the Rarnes L,w, Systern nn tire Systen'T for Akvard Nlanagemcm (SAN4 Asued by the Genert°rl S�en,,ices Achninistration 2. Principals, for the purM)ses of tfar,n cer1ification, nw4uis oAkem, diredom, ummw 1"KIUVIO'S' 3,11d 1',wersws having primary rnamqjonent or supwvisor resl.iortsibilifies within tt busmess ewity (eg , genend nmriage; pUnt manageo head Of r1 SUbSidKUY, dl%'BlOo 01' bil,gsiness, segnwni, and srniflar- posiifions) 3. 'nie Pr0jx,,,)ser siran Inovide imnwdAw %huen twice to the "NMCB 0( Directior (if Purchasin,t if', in ally hrric priol, to fltaa puopdx;CT le'ar'rls 111at illis cttrlif'Ilz'"160n vv"'rs enoneous when subrimed or has become erroneous by reason of Mar arewusunces, 4, This certification is a material represeni.anon of fui iMoti wbich refiance will be phaced wher't Ina king the, award, If it is later Merniked Qt the Proj:,)oser MI 010 LIS ccrfificaition, in adlimn to odwr—Aeniedies available t(,�) %MCB0C(.—s F'.)�rcctor of Purch,,,Isirty"' may tonnQue the Agreement resulfing aoni Ohs soheMon IS du6ndt, I'll-filted Name of Rq P ry wear i, Lin 7— /kSAR farm At, P0 Box 804, 9 795 Overseas Hwy jUjqjSjntCAZjp: Tavernier H. :33070 SSN or IT IN No: KNEW 567 4018 ATIACANIEV17 IR Con(I i t i Ori of,S 1,11)ril i(I in g Pro posal The rindersigned Propowr has caref'rdly exarivned all insinictionL reydrernem, speciRemons, lenns. W emwismis or the It FO mid Agreenient arml ceAlles: 1, It is a repable compy wAtAnd eripq,ed in proOdJrig goWs and/or wrvices to weet tire remliarenlevilL spedficabons, tenns. muf cond itions RFQ and Agrecinent, ;2. It has Ow necessm), 1,11(mledgia, abilitie's, skills. and res�,',)urccs lo safisfi�,'mordy perkmn Me wqWmnwwv sped0canonv lerms. and icondflions of the Rl"'Q and �hie Agreement, Funp er. if aN%arded. PuToser agmes to ;,"wri"onn the recithrenicniL specikakns. tarim, and condkions of the RF'Q and 3 rU! stama ous. h0brarataa n. wd represonm6ons jimpmed amd sukilined ill rc"SJ'x)'nSe Ili Ow KFQ zire current. conjAwc. Ove. mid accurate Proposei ackix)"04es tat Monwo Cowo> Houd or(Suly, ConvAssioners' CNICBOCC) %adl rd) N1 sudi stallernen(s. informanoriw and represetilaw.'ms in seNcung the sucesolil p"qwseqs), 4, that the pnees cykued ON! be 10030CUs pncirq,� fi,)r the pr�,)duct an([A,,r scr%ices (("'r thio Orne mmed m the RF() 5, It sl'iMl be bound bp' ifl staiettrenis, representakin. marranties. wid gwarzintees naade in, its PRIPOSal, 6 fln:qroser acknowkdps W thie A�,,,recrnera rnay be cmuded at wia finiv. if ant, cordlict of interest, or appearance tA as Confliel of interest is dvscoi,cred Ibny N"BOCC, put A sdediciAwl, 7. All purchase orders niml be dWy awhoi-ind Ond sup OCUted bw MCF10CC and SUI-,aJCCI to the tenns and condition of the aaid Np�,,reerneni, Pp ihis Im Nvpmer agrees dint NTC'BOCC reserves die H& to extend thie tenizs oan&itions, and p:)fiices ofthis Agreemmu io oWr Unmiwnm (Awh as Sw Local and/or Flubhc N-ICKWO who express an Wow in pamicipaiint', in tang 'kgreeniont 1,11,11 resulm Sm AS RFO , Each of Ric Qptack WaStioas i,vill isstw their oavri pAJIChlblftg documents for the golods/ scinices, fln,')pc�ser agmes Ova N4CBOCC" AM bov m) resj,')onsibifit� or habihty Q a, agmenmus beween Projuser and We odwr WKWon(O whol dest re, w exer6se this option %IEPJDC)Ft L.EGAAL NAME��ASAP, '12 N UTHORI, Q,� A'W MEJ8, �F; DATE: ............... PPANT NA TITLE,, Aseph J Fhns Presudent ........... —--------- .......................PO Box 804 Tavernier, FL 330710 EMAIL. ....... 3048524554 as apme d n ei�',q,',ho t n,i ail,con"i ...........—-—------—-—---------------- -14 4019 ATTACHMENT C' G 00?"MA 9WORN STXTENITNTUNDFR ()RDINANCE N(,X 010-19,90 MONROE COLIATY,FLORIDA Ell WS LAW!SF' - ASAP."c ........... Amapany i \%amanh fhm NN Wq cm0q.v rewuwd in lownwe &I al sm LII',,Cq5 VeO�e An vo,,mm or%own 2 of I hdAmwe NO H 10,1901 or any Comm Oncer ku onp&yoc m whamm (d Mums 3 of Udluncv A 01419A) hu Immch or vkTdmn uf diAmmuh!"k Couny my" in EN duumum liicmum,�u: ljiw, AgAcvnma wmlhou( kabflhly dMI "MI Ann oI,, w", 'fi'cnnU"W dVdLhA fionr �hcAgTcvmiicib� oil purdm,,c uno,,m of kv, CCTMWS,;iqM, p""od to flm,' rtANYM ry.kAr.m o'fll�ICCI Or CIVIJrhs�,viv > SW F H— MCI (A WN F V M So„„h x&vd and Svoorn Jai ;or Winnedi Rkm uwAq nwms of p'tcsence or L")onhine, n'01airw4airom, vu of t afhanu H, lv/Shv jvmmQQ kmmn t o me m has I nodueol 1Y ............................ 45 0 0 0 gm I 40M41,11 A P ck.1.0 1 o0l DPWIpTWIdj, 1"I?ht 3 A OMM Ewfe S Oct I i, W26 �",A,j;1i, 4020 Al"MCH N1 ViT ED NOUCO LLU SION AFT'IDAVIT 1, -..hcn�a,ILI LL-r in Fthe ickyor""avcri]LCjj 11. ----------------- according to[i ori my clalb, penafty of pe�juf)'% depose and Say that: I am _ lhe,P ent of,the firm 0�, ... ........... ......---*......----------------- tire respwident mal(Jrig! the Proposal f'ot the L f mmaw sat descrIbed m We Wke Ar CMhng Rm bids or- ,1L),lintenance��1�t _ Pfa—,�ht 10 ank", Njarkers ,,,tnid tham I executed time&aid proposal fuH autfioriay to du so� The prices in tfus bid have been arrived ai independardy QhMt C0HU1,,,00r1, Cons uha toil, coninitinicawon or agmeman Or the jxwpose of wridng cwnpeWn, as to any inarter Ming to sudi rWes wah anyWer respondent or vi,,jih cona ctitov (Iifless otherwise required by law, the pricc,,,k w1M have been qumed hi AN Wd have twi been ki,rowing y disclosed by the mspiandent and wdl not know nj,;Iy be �,bsclosed by the prior to bid upahng, divuly or indirect1y, to ,iny 01,tic) ally Comm pee and No auempt has been inade or MH be nudia by the respondem to inducu any marcher pemon, pAnim6hp or cwporation to subnAL cw maw to Mik, a Nd fcu the purpose of rcso%Q,; Carnpo"CM. and Tle miatemens comaWd in 00; WdaWl me 1we and cwreci, a!knd mrkde wrfl-, Full knowleda n;e fl,w Mumoc Coumy rehe.,s upon the outh of We swt- Cmummy MCM in dis affida& bi award4g, Agmernows Rv smid prof'qe ......... (SignatU;0'/ Res ponde ,/), (Date) AF OF', ........... .......... ........... ............. ............... (,late) k', of I IV,/She ms per"s"J'n"O'h kni n Ca,a Inn tm' IP GA�J.0 M,a 4021 ATIACIUMLY]" E DRUG-FREF" NN"ORKP tea CE FOFINJ The undersigned vendor in aeccwdance vvlth FNA,[�,Ja Statwe 287 087 herebv cerlifles that, A S A T) I nc (Name (,)Musmess) a sumit"n'lent nout"ving ernj,)k')YCCS d'art Ole unlawful Inanut",icture,, (list ri bun on dispensing, Plas'ses,51("ni, or, use of a Controlled Substance Is prohlbiled in the workplace m,id q',wCfl'YIj1g the actrons thar will be la,,en wmimt for viokiisons ot'such proh'[,it 1!� 1, u M), 2 Inf'ornis employciess alloiut the dzu)'Zeus of'(JTUt,! abuse M the )vorkplt,lce, the business"s policy oC mmmaining a, drug-Cree vvcmrkpkace, arty avalkable drup, rehAl'litaficni, anid enipjoyt.'rIe as s I. mstance prograrns, and the penalho 11hat Tuay be fl-riposcid upon eni(ptoyees f(,,)r di-ug atnrsc vW[aliolts, 3. , Grl%vs each eniplo,Yce Iri l.no6kfixvg the 1';n conlractual ser",'Ices 111'ataiv tulder bid ,'i copy, ofthe stateinent specifiled irw subsection (I) 4 ln the statement specifled in subsection ( 1 ), no6fles the evnpioyees that, arcs, a ccaiidiliotl of" wort In On 111C Co1I1n1O1Jll1C,1,S Or, C01111 actu'al Services that are lum"fer Inct the employee %,vill abide 1),,�, the wrrvis clf'ihe stamnent zind uvdl notlf.v the caqfloyer of'an'N,, COMICOMI rat; or Picu Orgudly Or vlol o onniendicre to, vlokmlon oJ" Chapter 893 (FIorida Sta�alules) or of any contrAjHed subst,ar,iiu hnv (A" thc IJ111ted States or any state, faro' a %',iola I loll occurring In the vi,or k 1.)lace no hater than Five (5) da,v's atlu Such Convictioll, 5 finposes a sariction On, or require the Sm!�Sflh'lolry III ,l (1111,4 C11NISQ, IVSSiSta1111C(.'w reluabilitation pro grain if'such vsavaflaWe in the erril"Aoyee's m,wzlml ernployee vOw l;S SO C rani VNItNt Makes a gwd f"61ldi efl',wt to commue to niaintaln �a t,Itus,,-free workt,4iace du,ough i rnjw I en't ell ta t I Ol I of th I S Sect t oil As, the [,%,rson z-aithorized to siprt tf,w statf,,,nnent, I cei-lify that this fir-m complies full,, w'Oh the above reqt6remenv,�', S F'A (li, Honda "o, T111 kO W11 dftmvne,d� hek�rc mtil:, b� mcnv,� of Ph"S4�01 Int's'erm, ot , ,"�: -"I ", I I � Ju-1 'h W RR,r ,wkA ha's, produeed 0 FiOHOA 0 4H P1743 ti 71 4022 dua Pa s nm m a„YCmfi;m dmho has P,au."a;r,n Q"d ,,ra Ow n;d"a�rtwwd um&w hm Arf'a^nnn�mg a co.knb"mwR n Aw pdoc any, uunnr� airs,a o to m suubnwa 1°md a"na u connBmado mun ym"am aMarmy d1Y4smis inn° scuuu an'w a poi nunry,uim e unm~yr.u1mb M m" ;m°^nri,n�nr+u, 'wnnnlu"r pra'n he c niana for the n.anruzm.nnikul or uTu m of a I shu; bwa,abnng m Ifangn^,a w^m, uoul n w maomi n b u, m lc ""nr:u ukf rcaal fin "r,°t nu to p ul,,I , mannwq' at, mmadm he o"nenakwe°d in Ian ir4,`amumnn "unnfb uah tau c( h"uf"Mw;Gn R ufrfrher, auubcoramcaour, o, m wn RqI MOM un d a a c mm;dr:u unh ;aiarro pole d.nun a ,^u d r'm':;, wn lmanmuact hu," s !na ah wo pu kfna u.""97k@1['m flmn E o'f $f"e neu'0141oW d da6iwOdmu pq"d;:B4M in S4"e m^m MI m An CA H`.n R MY O'niV()Or al po n¢.d c4 31',rn o Vn>fnk d aW rufhm ng p'f".aoisd on Ow cmv nf nrmmnu&w h°m "` f Nov Amd Ow Kane aml ,u,uuu dnnun rwn°ndwr tyl`m➢;" fru"".....� �. a.'6�r^,f�nw�uuf.nwn"^ n`aanauue) nmkq aamu" WG ote inu,r,a 0.1 ytd4ilh°,m!aaan Ow k rcnknrP no d da>G"nd'or h'o 4m"1hi n lfndn 36 r nonmfUn, �n C4ra w f a mf, q � uuna.�m Cf 0 NT9Y M "m'fubmYP auk "�VP�D'.a 3d rn,df 1 iaf s &. n tic, i.,ol 9ff1&J:n dJi lud."' aGY ilia 1, H MM O AAA Uirn I mq"^r,nVke m E iNfab4. !1m°ki'1 V9tliiPn on ar" a. '...qu 4 f toa^� trnn¢nwt dam ., Cf•mm�ma .. fdouWahom a"wI ununAuo,nmm r,nna. �aN jMrlM P r(SU .. A mmM O m�ma�� ^ " X.'" I��Cr+�irgsad n�'P,I fHH m"r!�'MI I ... jr awnmwcaam^rmr, Exprei mmmY Zoe 01", 48 4023 ATTACHMENT G Scrutinized Companies, is YINPOR61j:L,',L�T I LILA I I()j.' RF1,11,111,,G A R D I ''CRUTINIZED(TVAIP4,51F""" Propc',�c pt iow�4 s an"] C at I I'a t t . .......................................................................... Onvh" WIN 59-216356ire WOO P"W"vA RupumawdAu hJuTmc and fild", Pukhcm 91795 0� 1, Fl() yaoa ,804, . . . ............ .......... .............................nn�y....Cm, Smuon 287 131 110FOIT RMUICS PUM&N a OWUVUq WIP Wly ML MShMMhW an PONMd AC 01 MU"QWO M. ranwumga womml 6w Wim wa%w"ormg mmvant ;Lai rhewnue vWnmvmwWvw nan"m[ Mesmqm, jiml, the ScmUnved COnnnnw, W lkqeoi how! 04, meawd pwamm to bunort 2154725, Flor6h,� SLWhO �, 4"; rA �npqled ut a Pkil"Cwt of Imad Sua;wyn Will FknWn AnmWi ahm pohAds a onnp, Km NdIng on, Amunq U pwpsyal Ab M enwmw SnR)(I lenu=g it comma A" pX& or ",,'cl.....Jcc 19l'SlP(M,1100 of tvB m,, Ot,,,o anc on e O-icr lhe ""Mb1mnnvcd Covqwnws with W%mes us Swbn I Am tu vlaitl'8 ,Aefivkie� m nhlv Ilan Frtcgg SecloT vine'lli vocre, cFcatLd pinsumni m s 20 471 11"whs 54mme, or Iv ullay,4] W hus"wss kqvimions in LAW of S,rm the loclstni aurlicowed my vtgn on ANA uf RuNuandmn I hoOl vano th" dw mgmy Avold a&": m -'R k m" WA mi Ow Swwiniivr,3 Contpum ; SVLU0U CH.W1112d fWqMnAnn %QnW Ilusse Q that Ro",coo kracl P,kJ or vnRaged m u Imlac 4 lqwl and km 14*ws of WNW= or nuwu iN not Wed am w0mi the Sentsnval ('Indl')P,Jnies vvofln i"icmv,aA m SmItu W Me S"Wmved (Amqunws %%ilh Actr�mci m One Plotro)�*k lim Qxuq tic m cnppA m busmusm opunmons in L:uhw or Kim. flmn pujmwW U) 90%m 2W7 135, Wida Somw OW MIUMMMI d n fidw CaNkmion my CiOl �'cv, avul(isr c(m:a � fuohe� [hat aq', ccfnlrocp the fnay h,e al I'll,`opfion ol'Oio I Me ampat, d� fcsund,rode h,,Ive o lnvnuvcl 0 t, cel-Uhcahonor Mawd mi be SunmnUot (Am,nms Go 1hyco" WWI W or eng,jeJ m a I%jinm of Owl or pheed on Scmunval Omqmims "Ih AakAbs ut SuAut Wi or Ow Senikked WWwAs "Oh Quaws in dw On, 19yokum Frt",-ra"!y scvp,�,r List.tay.lverob 4n k, .'ol'vwl ot S^,I in, COM7777, 11", u,s 4 ............. ................... jvm" v�bo aytt htm v ed pn,(ori� ron lwnitah'offlx-ak)'o: AuOhmW X, PI Int "N"Ime N,a,;vpPq U Fri .......... APPENDIX A, 44 C','.F'.R. PART m. currinognm FtEsminju; 1101311VING (To be suNnMed %6A tnch Nd or offer exceeditig, S."I()(),WO) for Conmas, (kants, Lwans, ,in Cooiratsve Agreemei'as 4 9 4024 The uncle rsigncd cenincy to W best ofhis her know[ed�,�,e and behel", that- I No Federal appmpf-imwd Buis ha',;C bet'n'l pa d or %%"ill be 1)'t Or Oo [)Ch',dr Ot' thiC, undcQnNL to °star perw fbr Wtwnong (H mcnipting to influence an c0cer ur of an agefwy, ,"I Whwr of Con.vrc,,ss, zirt of wel of enipfloyee ("Nf Colq,�,ress, m an empkqec or as Nionber or Congress ill Lanneom 1"01 We awarding of any Federal ci,:)ntract, the nrulung of any Well gmnL the nwkirtg of tiny Klend low the enterkq,,� imo of ap ampe"we agwonww arml the exiensiam continuami, rencnvah aniendment, or of any Fedowl convact, grant, low or cwpenobe agreemem I If any funds other fll'iart Federal appapriMed fun& love been paW or"0 be paW oD my, pemm; An Www"T or auonp6ng to KAUen(:,1C,1rr offic�,°r or ernployce of arl", a""'Oncy,, 'a 1a,"Ietrflx-r ('11'Ccyngrew, an (Ahcer or enqfloyce of('ow, -Css� or an elrjployee ofa of'Congress ill Conniechoirl v,'oh On, rmrrt, loan, or C'100p r,cratjve agmanem, be undersqpned shall comp kw and submt W&W FornYLLL Wschwure Win u) Wpm I ohhyoq,,,,,- ii� acccmihince ""ith us instructhwis, I The undusigned shall require that the larlgk,sage of fl-tis certificaflon be WOW in the aw4rid, d(,x nnews Cor aH mduwarlds a all[ ncl-,',u aarrdrol COTW%icts under Lomnts, loans, and (:o1 j.-)eutnve that all subre.cipient,; ,;hall cenly and dischse accoding y 'I`h s cerfificanx,nn n as rnalernal nA'Cact upi�,nl I'vIlich, rehance axas plticeid this \14'tS, 111MJe(n emered intcy, S�aknission of this cednemm is a premquille Aw "W1 in enwng huo this transackwi imposevl by section BQ AN 3 L US. %Js,� Any persrxi rokalnb.b Fads tc, file the roWdred Lmincakon WH be sulyco to a 601 penaly of not No thwi S10000 and not raore tfiw:m $100,000 for wch stich fadure The C(r,)T,itr,acti,,wr, jfAEjnc ceni0es or afArms the tnohWess and accuracy of each matement of its ccaikahon and chsdosurn irany. In addition, thie,C()rm,aC((")r ultdcntwtattds and agwes dw Me prwistons of 31 1),S,C- C111p, K Adminiarative Rernedies for False Clainis, and Suaternents, appl'y to they oerlification and disclosure, if vuiy. Sig q, of C -WL k)r's Autborized 011licial President Of Q, Name and We of(A)ralitioi"s' A ul hill I C 50 4025 DISC LIU�51VKE �. � M B IN G. �r I �: 1 : � 1 , r r. I a Imp WVM wad& Name qu o A o ri,,of Rtpartxg Esurv , It Potpurtmr, v is No 4 w" Saba , � FDA Saubtr,d IN, ivrl ........ ... "o� ��o �r �, ��a ^>��Iw �„ 11 C Ourravilooft btptlp ) Aft. l: o Jib :Zfn=mw mg r4q,%cou'ri fi rr w.w sound two TUAKWassawamd arm ; r A .±,, ured Lor,a:F.0 n,r0,,tue rzm'', 4026 immUCTIONS F,`OR CONNII(ILETION OF'SF-1,LL, DISCLOSU'RE,0141,013HYING AC,"11 VITI ES Oov,,Xed "52 1 1W I Hmg 4 a 6xv;A r"Yomd Or Or hv In our,W'TlT,ril v o 4,TbI,Mp v M W WK I M 0 1 M UM11 M g 10 M I box g an v n kv M Cawk,cc 0 f ml" a\kn0)e"F,,I(7ovq,,rem,w n 14 or v,r ell I 0,ofColIg"r "ot"ad I e n 11p I c"),cc T"i t, t�OalinIc r Ifl, ilk"Am°';rev,iry kallmfe',,1vMr,ti011,a oxcreij WWWWO. 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HIODERS STATEMENT N )Ak, I UMkMww Ow jM Onm 00 tot W MMWOMI Wwmardod �hwr("lonwao OW 'MM COMMY in No w4h M! Mic Y-4 - 13 w h Q sk MM:MMJ Th Ic chmp"; come 4028 Attachment I Respondent's Insurance and Indemnification Statement j ES-1 Wr I—11—)C(d—�C-4 1 U I i I r C 11 A C I I t PjqwN Q WA RMk94ijM� WNW s Cornpensntiiori M LK"ON Badly Qwy by Mcident S50,000 13011�" Injury by Disease, pohc'y hmults S104000 BoMy [qjup; by Dhaise, cacti ernployce E"AIIPIOVCS SUMflory hrilits .Nnes Act Cm.vvvge Recoynizmg, thai Te wok govmned IV Ohs conuact involve,s Nlarifinie (")perations', the Wo[-41's' C01111"reulsahon Insurance Policy shafl in6ude cwvel-'age for ch'16'ns Wdect to the Federal Jones Act (46 U',S (',A, SUbWon 688) M Him ixg Jess thmi 51 Whorl- Thic C,'0NTR,U,"1)DR ON be innuked to pvvWc Jones Act Co',v,eraj,;e throuL�dl a sepwAte Protuckn and IIndiarrinny Pohicy, in so Cai as the, cxy,Crnage provided ws no less j-esirictive than would have been provided by a, Oil policy, (",'erj(wal L.iabibty Co%,,e�i%ige shall include, as a r`Dillil])L,1111: F'remises Operations Prciducls and ConijActed Opei'ations Blanls,'.ct Conv�,,ic�rt.':O Li:,tbilky PeMMUO IYUU-45MY Nininnun No accepmble shaH W $300,000 C(mibincd Sinple Lltnk Ifsphi hnihs arepro6ded, the wiin nmni hrnitsaxceplable shall be $200,000, pef person S30()'()00' per (lecurrerice $20QOCO pvpeny Wage Whit. e UaNhy As a ninimum, fiabihty covo'agc fbr 0mvned� Non-(Avrifed and hied MOW The Anirnum hniiis acceptable shall be� $300,000 Cornbuied Single Liniii If slAil linins are Inovidet the milmmi huhm acwpwbknhM1 be: $200,000 per penoti 530('000 per occurrence SWIM, PIMMY Smage WaWr CIA Liabihty include, as- a nAnOmmv 1qjLUNQidud61g death) wany No= D�,,mkag,e to 1 r.x1(,xJ N,Iovatfle Objccts Contractual LiAdity Respect to this Ccnitract "I"hC 11,61ulnurri limit; 'acccplwublp shsrH be, 10, 4029 S500,000 Conibiried Single Li'rnil (CSL) (Oveinge pmvWcd by at Proteoinn and Indemnity Club (PSJ) shaH be, subject to the approval of the Cotmty AdcHHongLjjBHjjjHg 9-11 The Morwoe Coway Board (:4' Comtty Connuissinners AMI be named as A&Jnional 11"vSured u.m, mil jxdicieq Qued to&mkQ Te Wv ragidemems I4",14, E,14NI IQ:,N,, NINUmmIng any nbrintum Kwance-reqw rerneras pesciibed elsewhere W this Agreement, tire Respondent covenants anci agrecs thal, he shall defend, didernnify annual 1'ac,,4d the COUNTY and the (TH;NTY"s Weewd and appointe(.1 ol"ficers and employees harrrlk'.�" ft'OTI'l amd against (i) 'any dahns, Mons or cames of Won, (6) any htigkory administmWe pmccohn, appOlme proc'eccling""i, Or other 1',)roceedings relaNg to aiq ype of homy (Mulng dewhy kn% cbnmge, Ant, periNty or business Amerruptim, and (0) any coms or expenses that rnay be asserted,,,'Igalnst, inibated vvith respect tm or sustained by, any hdemMed party by reasorr of, or in con'IrectiolI tvith, (A) any aakdty of lkospondem or any of Vis wnployees, agents, contractors nt arry Oo o:r oil'ter invaces (luring the term of thm Agreement, (B) the neghgence or willful rrnso.nnduct of Respwident or any or is enwicyces, agems,, respondervis in any 6er or other inWeev or (C) Respondent's debidt in respect of my of the abijathns that it underlakes, under the terms ofd'6s ,Ngrcement, except to die extent the ela ns, 'acnk.mfs, mum of amon, htig."ition, proceedings, cosmor expenses arke Boni the intentional or sole negligent aaia`t n,ir rieghgem acts in part or ornissiorts or the MUNTY or any of ks emp�oyee-,'n, agerits, conuactors or Awkees (odier than RESPUNDENTI.Insothr as the clairns, actitmv" Cause-, ('&4'icuon' h1q;a1lon, proc"ce'dings, cc�st% oi cq)enses rekate to everns or circurnstanoes that occur du rhrg the terin ofihis A,x�,reernent, (his section will sarvvve the expmmon ofAhe win of this Qmmum or any Wim WWwrtion of dAs i%greemem Irt the le"vent, the corn&hon of the prayed(including dw 1mmk of mhm',�i) is dela�,ycd or S(vspenided as a mult of the Mpondertfs fadure to purchase or rmanitam the requiriod insurance, the Resporident shall indemnify, fhe Cnuniy, Iona any anti all increased expienses resulting froni such delay, in the evon the nvork under this annatYmreement is ddayed or mrsperilded as a resmit of Contractor's Ulm w purdtase or malmaki the rupAmd Nswume, the Contractor SO Kdann,ify be Caumy fivni any and all increased exlvrrses vesul6ng frorn such Maj% "rho SO ten doljajLr; (SI(") (),()) of rein ffllerai ton [),,.,nd to ih Respondent k for the iridernnikation proAded Or above, The Went orliabOdy is Arno wHy lain hod to, rediuced, or lessemed by than ingumnce requirwrmnis contaked dsavirme MWAKS agMement, Emu""'N" I undermand the rnmawnce thai wd! be nwridatory if,,,vtvarded the whh 01 dw 4030 Joseph J t Tins, President Respor�dcnt Sig i re COUNTY OF� Monroe Subscribed and sworn to ffircned) before nie, tay meansof�?C uhysical presence or El online nlotahzaf on,, on �*-'/ r (date) by (name of affiant), He/She known to me lor has frog (hype of Wei tiff ti ) �denfifnraf on, Dugan Nationii rNvara AW,, Iffy Cloryirtiii sa on xp� r' . & 76 4031 MONROE COUNTY CONTRACT FOR Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County This Contract is made and entered into this day of , by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and ASAP, INC. ("CONTRACTOR"), whose address is 91795 OVERSEAS HWY., P.O. BOX 804 TAVERNIER, FL 33070 Article 1.1.0 Representations and Warranties and Term of Contract By executing this Contract, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses,permits, or other authorizations necessary to act as CONTRACTOR for the COUNTY until the CONTRACTOR'S duties hereunder have been fully satisfied. 1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a manner that they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as part of this Contract will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.4 The CONTRACTOR's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of Tasks expressly assigned by the COUNTY. In providing all services pursuant to this Contract, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Contract and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent contractor and not an employee of the COUNTY. No statement contained in this Contract shall be construed so as to find the CONTRACTOR or any of his/her employees, subcontractors, servants, or agents to be employees of the COUNTY. As an independent CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 4032 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring,promoting, terminating, or any other area affecting employment under this Contract or with the provision of services or goods under this Contract. 1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by both of the parties. 1.1.8 Term of Contract. This Contract shall commence on September 1, 2023, and terminate on August 31,2026, unless terminated earlier under the terms of this Contract. The COUNTY and CONTRACTOR shall have the option to renew this Contract for one additional 2-year term under the same terms and conditions as this Contract, exercisable by mutual agreement upon written notice given at least thirty (30) days prior to the end of the initial term. The services to be rendered by the CONTRACTOR for each individual Task Order shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless modified in a signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. At no time shall the CONTRACTOR commence work without written authority from the COUNTY. Article 2.0 Scope of Services. The CONTRACTOR shall do,perform, and carry out in a professional and proper manner the Scope of Services described below. SCOPE OF SERVICES The CONTRACTOR shall do,perform and carry out in a professional and proper manner the project including certain duties as described below. Duties consist of removal, installation, repair and replacement of waterway markers including aids to navigation and regulatory markers (including piling-based makers and/or buoy-based markers). Waterway marker work will be based on individual jobs authorized by Task Orders. The CONTRACTOR will be responsible for supervision of each job from beginning to end including the scheduling, labor, monitoring,providing necessary equipment and reporting progress to the County designee in the Marine Resources Office. When a discrepant waterway marker(including,piling-based markers and/or buoy-based markers) is identified, the COUNTY will contact approved contractors via electronic mail ("e- mail") and provide the details of the job in the form of an Invitation for Quotes, detailing markers needing work, location of the job, any applicable specifications, a quote deadline, or other pertinent information. The CONTRACTOR(s)will then respond to the COUNTY in 4033 writing via electronic document attached to an e-mail with a quote for the work to be performed, a brief description of the job and any additional pertinent information. The COUNTY will promptly choose a contractor based on the lowest quote, and assign the particular job. In the event of a tie on the low quote, the County may, (1) not accept the quotes received and issue another Invitation for Quotes, or (2) communicate with the respective quote-responding CONTRACTOR(s)to see if any would allow a tying contractor to be awarded the job. At no time will any contractor proceed with a job without the express authorization of the COUNTY, in the form of a Task Order. In the event of an emergency job, such as a hazard to navigation, the CONTRACTOR will provide a quote via e-mail as soon as possible, and the COUNTY may validly choose a contractor on the same day as it(the COUNTY) issues the Invitation for Quotes in order to expedite the job. The CONTRACTOR will provide all necessary and adequate equipment to complete the work including vessels, vehicles,personnel and protective equipment, including necessary equipment for proper handling of hazardous material and will strictly adhere to all precautionary and safety requirements. The CONTRACTOR will provide all materials needed to accomplish the assigned job (as specified), except for any materials (such as signs) as may be provided by the County (the County Marine Resources Office maintains an inventory of signs and may provide signs, depending on the job, in order to expedite the necessary work). The CONTRACTOR shall be responsible for the job site at all times during the work. The CONTRACTOR is required to have active licenses required to fulfill the requirements of each particular job. The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the marine environment. The CONTRACTOR agrees to immediately abide by orders to stand down or stop work if advised to do so by any county, state or federal agency. If required to stand down by any state or federal agency, the CONTRACTOR shall immediately notify the COUNTY. It is the CONTRACTOR's responsibility to ensure that he/she performs work on the correct waterway markers. When any work is completed, the CONTRACTOR shall take representative color photographs (in landscape format) of the marker(s), including a photo of each sign replaced or repaired(with indication of the direction the sign is facing). Photos shall be of sufficient quality for the COUNTY to recognize the marker and signage (including language on the signs), and to ensure payment approval by the Monroe County Clerk of Court's Office. Photographs are considered to be an integral part of the work and the invoicing documentation. The CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will constitute cause for immediate termination of the contract. 4034 2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR. 2.2 Notice Requirement. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this Contract shall be in writing and hand delivered or mailed,postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: To the COUNTY: Monroe County Board of County Commissioners Marine Resources Office Attn: Senior Administrator- Marine Resources 2798 Overseas Highway, Suite 410 Marathon, FL 33050 To the CONTRACTOR: Joseph, J. Frins, President ASAP, Inc. 91795 Overseas Hwy. P.O. Box 804 Tavernier, FL 33070 However, if COUNTY requests a price quotation(s) from the CONTRACTOR the request and response thereto may be accomplished by e-mail. Selection of the CONTRACTOR by the COUNTY and the terms of the individual job may be accomplished by e-mail notification with a Task Order(1) authorizing the work to be completed, and (2) signed by the COUNTY prior to the commencement of the work. Furthermore, a Notice of Termination may be accomplished by e-mail, but shall be immediately formalized in writing by the party seeking to terminate and sent to the other party by certified mail, return receipt requested. Article 3.0 County's Responsibilities 3.1 The COUNTY shall provide full information regarding requirements for the fulfillment of authorized Task Order(s) issued to the CONTRACTOR, with the understanding that the site conditions to which such information pertain or relate may be subject to change. 3.2 The COUNTY shall designate a representative to act on its behalf with respect to said issued Task Order(s). 3.3 Approve a schedule for the completion of individual Task Order(s) mutually-agreeable to both the CONTRACTOR and the COUNTY. 3.4 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the work performed or non- 4035 conformance with this Contract. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 3.5 The COUNTY's review of any documents prepared by the CONTRACTOR shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. Article 4.0 Authorization of Work Assignments, Subcontractors 4.1 All assignments of work shall be authorized in a signed Task Order in accordance with the COUNTY'S policy prior to any work being conducted by the CONTRACTOR. 4.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Contract. Authorizations shall be dated, numbered and clearly relate to the specific job assignment so that they can easily be related to the specific assignment. 4.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this Contract without the written consent of the County, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Contract. CONTRACTOR may subcontract a particular Task Order or portion of a Task Order only with the specific written consent of the COUNTY'S representative. If subcontractors are approved, it is the responsibility of CONTRACTOR to inform the subcontractors that they must carry the same amount of insurance as the CONTRACTOR. The CONTRACTOR shall provide the COUNTY with proof of coverage before allowing a Subcontractor to do any work on the job. Article 5.0 Indemnification and Hold Harmless 5.1 The CONTRACTOR covenants and agrees to hold harmless the COUNTY/Monroe County and Monroe County Board of County Commissioners, and its officers and employees, from liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, actions, costs, obligations, and attorney's fees, or liability of any kind (1) arising out of, related to, or in connection with the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s), and other persons employed or utilized by the CONTRACTOR in the performance of the CONTRACT, or (2) arising out of, related to, or in connection with the willful non-performance of the CONTRACTOR. The CONTRACTOR shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of the Contract, including those of any subcontractors. 4036 5.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 5.3 In the event completion of the work assigned (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the COUNTY or CONTRACTOR, the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 5.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be entitled to damages for delay 5.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. 5.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. 5.7 This indemnification shall survive the expiration or early termination of the Contract. Article 6.0 Compensation 6.1 Payments. The compensation available to the CONTRACTOR under this Contract shall be determined by the COUNTY on the basis of price quotations received from approved CONTRACTORS and the necessities of the individual job(s). The CONTRACTOR is responsible for evaluating the request for removal and responding in writing via e-mail with a quotation for the job, a description of the job, the amount of time by which the CONTRACTOR can begin the particular job, and the time necessary to complete that particular job. 6.2 For its assumption and performances of the duties, obligations, and responsibilities set forth herein, the CONTRACTOR shall be paid in accordance with assigned Tasks and completion of Tasks, based on submitted invoices. All invoices must meet Natural Resources 4037 Conservation Service ("NRCS") standards and requirements. (A)If the CONTRACTOR's duties, obligations, and responsibilities are materially changed by amendment to this Contract after execution of this Contract, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B)As a condition precedent for any payment due under this Contract, the CONTRACTOR shall timely submit proper invoices for services and work properly rendered and reimbursable expenses due hereunder. The CONTRACTOR's invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at which the COUNTY may require. 6.3 It shall be the CONTRACTOR's responsibility to properly dispose of any markers and associated materials removed under a Task Order. 6.4 The billing rates of the CONTRACTOR for a particular job shall be determined and mutually agreed upon in writing, by and between the CONTRACTOR and the COUNTY, in a written Task Order prior to COUNTY authorization for the CONTRACTOR to commence the work. 6.5 Payment Sum. The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance of such work. 6.6 Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Monroe County Clerk of Court. 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 request must describe in detail the services performed, the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. 6.7 Reimbursable Expenses. Expenses potentially reimbursable by/from non-County federal and/or state government agencies, incurred by the CONTRACTOR in the interest of the work include the following expenses: (A)Reimbursable expenses including transportation (excluding airfare), lodging, meals and incidentals are included in hourly rates shown approved by the COUNTY and CONTRACTOR for each discretely identified position. (B)Cost of reproducing maps or drawings or other materials used in performing the scope of services. (C)Postage and handling of reports. (D)All other expenses are non-reimbursable. 4038 6.8 Budget. The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Contract in each fiscal year(October 1 - September 30)by the COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. The COUNTY's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of Contract initiation, and its duration, and its duration and approval of NRCS and receipt of funds by NRCS. Article 7.1.0 Insurance 7.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Contract is in effect. In the event the completion of authorized work is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 7.1.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate this Contract. 7.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 7.1.4 Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the insurance required under this Contract, shall not extend deadlines specified in this Contract, and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time. 7.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. 7.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured on the CONTRACTOR's Commercial General Liability and Business Automobile Liability insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 7.1.7 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 7.2.0 General Liability Insurance 7.2.1 As a pre-requisite of the work governed, or other goods supplied under this Contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this 4039 Contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached schedules. 7.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material)until satisfactory evidence of the insurance required by this Contract has been furnished to the COUNTY as specified herein, and where applicable the CONTRACTOR shall provide proof of insurance for all approved subcontractors. 7.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 7.2.4 Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: (A)Premises Operations (B)Products and Completed Obligations (C)Blanket Contractual Liability (D)Personal Injury Liability The minimum limits acceptable shall be: • $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: (A)$200,000 per Person (B)$300,000 per Occurrence (C)$200,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Contract. In addition, the period for which claims may be reported should extend for a minimum of twelve months (12) following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire term of the Contract and any extensions specified in the attached schedules. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. 4040 The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A certified copy of the actual insurance policy. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the CONTRACTOR'S Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 7.3.0 Vehicle Liability Insurance Requirements 7.3.1 Recognizing that the work governed by this Contract requires the use of vehicles, the CONTRACTOR,prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: • $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: (A)$200,000 per Person (B)$300,000 per Occurrence (C)$200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 7.4.0 Workers' Compensation Insurance Requirements 7.4.1 Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. 4041 7.4.2 In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: (A)$100,000 Bodily Injury by Accident (B)$500,000 Bodily Injury by Disease,policy limits (C)$100,000 Bodily Injury by Disease, each employee (D)Employer's Liability- Statutory limits 7.4.3 Coverage shall be maintained throughout the entire term of the contract. 7.4.4 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 7.4.5 If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the CONTRACTOR'S Excess Insurance Program. 7.4.6 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 7.5.0 Jones Act, Longshoremen and Watercraft Coverage Required 7.5.1 Jones Act, Longshoremen and Watercraft Coverage. Recognizing that the work governed by this Agreement involves Maritime Operations, the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. subsection 688) and the United States Longshoremen and Harbor Workers (USL&H) Act(33 USC sections 901-950)with limits not less than $1 million. Watercraft coverage shall also be included with limits not less than $1 million. The CONTRACTOR shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. 7.5.2 Watercraft Coverage. Coverage shall include, as a minimum: • Injury (including death)to any Person • Damage to Fixed or Movable Objects • Contractual Liability with Respect to this Contract The minimum limits acceptable shall be: • $500,000 Combined Single Limit(CSL) 4042 Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. 7.5.3 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of insurance for subcontractors. 7.5.4 The CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. Article 8. Termination. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. 8.1 Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. 8.2 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this 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 $140,000.00. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.3 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' 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 $140,000.00. 8.4 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 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 4043 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. 8.5 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall 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. Article 9. Maintenance of Records and Right to Audit. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7-years from the termination of this Contract or for a period of 5 years from the date of submission of the final expenditure report in accordance with 2 CFR §200.333, whichever is greater. Each party to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public records purposes during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability ofRecords. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; 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 COUNTY or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as "County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in COUNTY'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 COUNTY's representative and/or agents or the County Clerk. COUNTY 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 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 4044 authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County 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 Section 55.03, F.S., running form the date the monies were paid to CONTRACTOR. The right to audit provisions survives the termination of expiration of this Agreement. Article 10. Public Access and 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 Florida Constitution. 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 and in connection 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. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records,provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the COUNTY. (4) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY Contract must be made 4045 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 QUESTIONS 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(&,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE ItII 12TH Street, SUITE 408, KEY WEST, FL 33040. Article 11.1.0 Miscellaneous 11.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its obligations under this Contract, except in writing and with the prior written approval of the COUNTY and consistent with the Contract, which approval shall be subject to such conditions and provisions as the COUNTY may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Contract. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 11.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 11.1.3 Public Entities Crimes/Convicted Vendor. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, 4046 may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Contract, CONTRACTOR represents that the execution of this Contract will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 11.1.4 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Contract. Any conditions imposed as a result of funding that effect this Project/Scope of Work will be provided to each party. 11.1.5 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to 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, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (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, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and 4047 drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.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 s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, 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 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, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 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 inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 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, 4048 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 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 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 noncompliance 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, 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. The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive 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 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. 11.1.6 Code of Ethics. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 11.1.7 No Solicitation/Payment. The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract 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 4049 consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Contract 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. 11.1.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The 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 purchase price, or otherwise recover the full amount of any fee, commission,percentage, gift, or consideration paid to the former COUNTY officer or employee. 11.2.0 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Contract, and that only interest of each is to perform and receive benefits as recited in this Contract. REQUIREMENT TO USE E-VERIFY In accordance with F.S. 448.095, the CONTRACTOR and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The CONTRACTOR shall comply with and be subject to the provisions of F.S. 448.095 11.2.1 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix 11 to Part 200, as amended, including but not limited to: 11.2.2 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 11.2.3 Davis-Bacon Act, as Amended(40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 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 4050 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 copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR(s) 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. 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 (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts 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 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 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. (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. 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 engaged 4051 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 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 building or work. 11.2.4 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 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 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; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1)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 Columbia or a territory, to such District or to such territory), for liquidated damages. 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 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. 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 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 4052 liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1)through(4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4). 11.2.5 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 11.2.6 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387, as Amended). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 11.2.7 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a"covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp.,p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. CONTRACTOR is required to verify that none of the CONTRACTOR's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at C.F.R. §180.940) or disqualified (defined at C.F.R. §180.935). The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 4053 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is 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. 11.2.8 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any 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 by 31 U.S.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 from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds $100,000, the attached certification must be signed and submitted by the CONTRACTOR to the COUNTY. 11.2.9 Compliance with Procurement of recovered materials as set forth in 2 CFR§ 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 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. 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 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 4054 11.2.10 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR§ 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 11.2.11 Domestic preference for procurements as set forth in 2 CFR§200.322. The COUNTY and CONTRACTOR should, to the greatest extent practicable,provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards 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 materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 11.3.0 Other Federal Requirements. 11.3.1 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 11.3.2 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with 4055 COUNTY funds under this Contract. The DBE requirements of applicable federal and state laws and regulations apply to this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Contract. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Contract. 11.3.3 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors or subconsultants 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 or subconsultant during the Contract term. 11.3.4 NRCS Regulations. NRCS administers the EWP program through the following authorities: • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and • Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR 624. 11.3.5 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. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 11.3.6 DHS Seal, Logo and Flags: CONTRACTOR shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 11.3.7 Changes to Contract: The CONTRACTOR understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and CONTRACTOR. 4056 11.3.8 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. 11.3.9 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 entity, CONTRACTOR, or any other party pertaining to any matter resulting from the Contract. 11.3.10 Program Fraud and False or Fraudulent Statements or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR's actions pertaining to this Contract. 11.3.11 The CONTRACTOR is bound by any terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management. 11.3.12 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 Parry'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 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 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 a no cost Change Order for such reasonable time as the Owners Representative may determine. 11.3.13 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. Article 12. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Contract and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local 4057 government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Article 13. 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 Contract 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. Article 14. Legal Obligations and Responsibilities -Non-Delegation of Constitutional or Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state statute, and case law. Article 15. No Personal Liability. No covenant or agreement contained herein shall be deemed to be 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 Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. Article 16. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Contract to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Contract. Article 17. Governing Law,Venue, Interpretation, Costs and Fees. This Contract shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Contract, COUNTY and CONTRACTOR agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Contract shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 4058 Article 18. Attorney's Fees and Costs. The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Contract, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing parry, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Article 19. Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Contract or by Florida law. This provision does not negate or waive the preceding provisions of this Contract concerning termination or cancellation. Article 20. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Contract, 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 Contract or provision of the services under this Contract. COUNTY and CONTRACTOR specifically agree that no parry to this Contract shall be required to enter into any arbitration proceedings related to this Contract. Article 21. Severability. If any term, covenant, condition or provision of this Contract(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Contract would prevent the accomplishment of the original intent of this Contract. The COUNTY and CONTRACTOR agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Article 22. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary County and corporate action, as required by law. Article 23. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their respective legal representatives, successors, and assigns Article 24. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Contract are 4059 accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Contract. Article 25. Section Headings. Section headings have been inserted in this Contract as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Contract and will not be used in the interpretation of any provision of this Contract. Article 26. Execution in Counterparts. This Contract may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Contract by signing any such counterpart, In Witness Whereof, the parties have executed this Contract as indicated below. (SEAL) KEVIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA Deputy Clerk Craig Cates,Mayor MONROE COUNTY ATTORNEY APB D 4P'T0,F0RM1 R� Dale: I By: Pri am Print N e: /10 7 WI ;e::. 1 Z T 2. Title: /��w - Print Name: (a STATE OF COUNT YOF Subscribed and sworn to (or affirmed) before me, by means of�physical presence or 13 online notarization, on (date) by Vr' os (name of affiant). J;LW/She is personally known to me or has produced (type of identification)as identification, NOTARY PUBLIC My Commission Expires: o(p1doldla MELODY GALLO state of Florida Commission 0 H4 280368 .*IM-1 Notary FUblic - or My Comm.Expires Jun 26,2026 ofided through National Wary Assn. 4060 DATE(MM/DD/YYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE 03/29/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT HOUSE NAME: Kelly White&Associates Insurance, LLC A/CN No, Ext: FAX A/c No): 1622 Hickman Road E-MAIL ADDRESS: kelly@kwhiteinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Jacksonville FL 32216 INSURER A: Atlantic Specialty Insurance Co INSURED INSURER B: Atlantic Specialty Insurance Co ASAP, Inc. INSURER C: Po Box 804 INSURER D: StarNet Insurance Company INSURER E: Water Quality Insurance Syndicate Tavernier FL 33070 INSURER F: COVERAGES CERTIFICATE NUMBER: ASAP23032915553358 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 ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE F_X1 OCCUR PREMISES(Ea occurrence) $ 50,000 X Protection& Indemnity MED EXP(Any oneperson) $ 5,000 A X Marine Salvors B5JH26656 08/16/2022 08/16/2023 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑JECT PRO ❑ 1,000,000 LOC PRODUCTS-COMP/OP AGG $ OTHER: Installation Floater $ 50,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 710-03-89-25-0003 08/16/2022 08/16/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED IX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident PIP $ 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION XJPER STATUTE X EORH Includes USL&H AND EMPLOYERS'LIABILITY Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? � N/A KEY0137561 08/16/2022 08/16/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $1,000,000 E Vessel Pollution 55-83714 08/16/2022 08/16/2023 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) ww IrR uk Certificate holder is an additional insured as required by written contract. 11y 4 . 11 23 DATE�WAN" WA CERTIFICATE HOLDER CANCELLATiuim SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 - ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD 4061