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07/19/2023 Agreement AGREEMENT FOR DISASTER RESPONSE AND RECOVERY SERVICES This Agreement ("Agreement") made and entered into this 19th day of July , 2023 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Comm issioners("BOCC"), AND DRC EMERGENCY SERVICES, LLC , a Foreign Limited Liability Company, of the State of FLORIDA, whose address is, 111 Veterans Blvd., Suite 401, Metairie, LA 70005, its successors. and assigns, hereinafter referred to as"CONTRACTOR", WITNESSETH: WHEREAS COUNTY desires to employ the professional services of CONTRACTOR for Disaster Response and Recovery Services; and WHEREAS the County competitively bid the Disaster Response and Recovery Services and CONTRACTOR was ranked highest; and WHEREAS the CONTRACTOR'S pricing is fair and reasonable; and WHEREAS CONTRCTOR has agreed to provide Disaster Response and Recovery Services, which services shall collectively be referred to as the "Project". NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS ANDWARRANTIES By executing this Agreement, 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 Project until the CONTRACTOR'S duties hereunder have been fully satisfied. 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated, and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1A The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, 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 agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The effective date of this AGREEMENT shall be August 1, 2023. The term of the AGREEMENT shall be for a five-year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one-year increments for up to five additional years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for, in this Agreement promptly upon receipt of a written notice in the form of email, fax, etc., to proceed from the County. The notice to proceed will be finalized, in the form of a task order has soon as practicable and must contain a description of the services to be performed, and the time within which services must be performed. 2.2 CORRECTION OF ERRORS, OMISSIONS,DEFICIENCIES The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its SUBCONTRACTORS, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Kevin Wilson, P.E. Asst. County Administrator 1100 Simonton Street Room 2-205 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street Room 2-205 Key West, Florida 33040 For the CONTRACTOR: Mr. John Sullivan, President 111 Veterans Blvd., Suite 401 Metairie, LA 70005 And: Ms. Kristy Fuentes, Vice President of Compliance and Administration 111 Veterans Blvd., Suite 401 Metairie, LA 70005 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article 111 (specifically 3.1 A, B, and C below)that may be provided by the CONTRACTOR and are not included in Basic Services. If requested by the COUNTY, they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement. A. Providing services of CONTRACTOR for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted debris recovery operations. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 The CONTRACTOR will not perform any Additional Services, and the County will not be obligated to pay the CONTRACTOR for any Additional Services, unless the County issues a supplemental task order for additional services. The COUNTY retains the sole and exclusive right to determine whether such Additional Services are necessary. The pricing for additional services are attached hereto as Attachment C. ARTICLE IV COU NTY'SRESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, and any availablemaps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 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 Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR, or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete thework. 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to, will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'sbehalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION John Sullivan President Kristy Fuentes Vice Pres. Of Compliance and Admin. Joe Newman Vice Pres. Of Operations Lisa Garcia Walsh Contract Manager Evan Fancher Regional Manager So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. If they are replaced the CONTRACTOR shall notify the COUNTY of the change immediately ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A, and as authorized by the Task Order(s) for the services which shall set forth the Not To Exceed Amount. The Not To Exceed Amount shall not be exceeded except by written approval and an amendment to the Task Order. 7.2 PAYMENTS 7.2.1 Upon a Notice to Proceed and fully executed Task Order, for its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. (A) If the CONTRACTOR'S duties, obligations, and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, or by amendment to a Task Order after execution of the Task Order, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward, only upon amendment to this Agreement or Task Order. (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONTRACTOR'S invoice. shall describe with reasonable particularity the service rendered and shall include or specifically refer to the fully executed Task Order authorizing the services for which. payment is sought. The CONTRACTOR'S invoice shall be accompanied by such. documentation or data in support of expenses for which payment is sought at the COUNTY may require, including but not limited to back up documentation sufficient. for reimbursement of expenses by FEMA or other governmental agencies. (C) Payment shall be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statute. 7.3 REIMBURSABLE EXPENSES Rates shall be inclusive of all reimbursable expenses. 7.4 BUDGET 7.4.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to Pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal Year (October 1 —September 30) by COUNTY's Board of County Commissioners. The Budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners 7.42 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board member at the time of contract initiation and its duration. ARTICLE VIII INSURANCE AND BONDS 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result ofthe CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to theCOUNTY. 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of$1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with Five Million Dollars ($5,000,000.00) combined single limit and Five Million Dollars ($5,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with Five Million Dollars ($5,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or 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 maybe reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Pollution Liability insurance of Five Million Dollars ($5,000,000.00) per occurrence and Ten Million Dollars ($10,000,000.00) annual aggregate. If the policy is a"claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. 8.4 The Contractor shall furnish a Performance and Payment Bond in a form acceptable to the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Performance and Payment Bond shall be in an amount of at least Five (5) Million Dollars and may be adjusted as needed to equal the Payment Sum or Not To Exceed amount(s) of the Task Order(s). Contractor shall produce a performance bond upon issuance of a notice to proceed by the county. Upon request by the County, the Contractor shall provide a Performance and Payment Bond in an adjusted amount to equal the payment sum/Not To Exceed amount(s)of the Task Order(s). This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. If contract amendments render the contract more than ten (10%) percent higher than the bond amount, the Contractor shall increase the bond amount to cover the entire difference. Failure to provide The Performance and Payment Bond will result in withholding of payment until the Contractor provides the Performance and Payment Bond in the form and amount required by the County. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the Contractor. 9.3 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party THIRTY (30) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event 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 to the CONTRACT under the Task Order(s) prior to termination, unless the cost of the completion to the COUNTY exceeds the Payment SUM/Not To Exceed amount remaining in the Task order(s); however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the rates set forth in this agreement and as set forth in the Task Order(s). In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due to the CONTRACTOR under the TASK Order(s) prior to termination, unless the cost of completion to the COUNTY exceeds the Payment Sum/Not To Exceed, amount remaining in the Task Order(s). The maximum amount due to CONTRACTOR shall not exceed the rates set forth in this Agreement and as set forth in the Task Order(s). E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5). Florida Statues or has been placed on the Scrutinized Companies that Boycott Isreal List, or is engaged in a boycott of Isreal, 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 287.125(4) Florida Statutes, are met. F. 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 Statues, 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 Statues, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statues, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Proposal Statement, any addenda, the Form of Agreement (Articles I-IX), the CONTRACTOR'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments "A" - Scope of Work and Pricing, "B" — Forms, "C" —Additional Services, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.7 PUBLIC ENTITIESCRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or CONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS AND RIGHT TOAUDIT CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back-charge 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 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 thisAgreement. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement 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 Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEYS FEES ANDCOSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATEAID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 9.15 Extenuating Circumstance It is understood that the Services under this Agreement are to be performed post disaster and the Contractor should plan accordingly and be able to perform under such circumstances. CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes ("Extenuating Circumstances") 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 Extenuating Circumstance, and the anticipated duration of such Extenuating Circumstance. Contractor shall use all diligent efforts to end the Extenuating Circumstance, ensure that the effects of any Extenuating Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Extenuating Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative maydetermine. 9.16 ADJUDICATION OF DISPUTES ORDISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.17 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.18 NONDISCRIMINATION/ EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTORand COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disabilities; 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 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, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, thisAgreement. 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 non-discrimination 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, 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, 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. 8) 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. 9.19 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 Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.20 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. 9.21 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 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. 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. (2) 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. (3) 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. (4) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, 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- BRIANDMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE 1111 12T"Street, SUITE 408, KEY WEST, FL 33040. 9.23 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of theCOUNTY. 9.25 LEGAL OBLIGATIONS ANDRESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.26 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in thisAgreement. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.28 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 Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.29 EXECUTION INCOUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.30 E-Verify System — 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 9.31 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 9.31.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis- Bacon Act (40 U.S.C. §§3141-3144,and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency 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 29C.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 in29C.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 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. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40U.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. FEMA or the Department of Homeland Security 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 liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. §5.5 (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any 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). 9.31.2 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.. 9.31.3 Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42U.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. 7401-7671 q.) 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. 9.31.4 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 governmentwide 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 1989Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non-procurement 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 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is 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. 9.31.5 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 $100,00, the attached certification must be signed and submitted by the contractor to the COUNTY.) 9.31.6 Compliance with Procurement of recovered materials as set forth in 2 CFR§ 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the 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, htt�as://www.eta.Gov/smm/comprehensive-procurement-guideline-c� -�roram. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 9.31.7 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. 9.31.8 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. 9.32 Other Federal Requirements: 9.32.1 Americans with Disabilities Act of 1990, as amended (ADA) — The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.32.2 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to thisAgreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps mustinclude: (1) Placing qualified small and minority businesses and women's enterprises on solicitation lists. (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department ofCommerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.32.3 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 performing workor providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.32.4 Energy Efficiency — CONTRACTOR will comply with the Energy Policy and Conservation Act (P.L. 94-163;42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy and the provisions of the state Energy Conservation Plan adopted pursuant thereto. Additional FEMA Requirements: 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. DHS Seal, Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 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 changes or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal Law, regulations, executive orders, FEMA policies, procedures, and directives. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts. If applicable, the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Florida Division of Emergency Management (Division) Requirements: 9.32.5 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(Division). 9.32.6 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 bylaw. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By; By: As Deputy Clerk Aom stesi,�Co 07dminis23 an G� County Administrator Date: (Seal) CONT TO Attest: B By: ri uente Title: Notary Public Title: Vice Presi nt/Secretary/Treasurer Subscribed and sworn before me, by means of physical presence by Kristy Fuentes. She is personally known to me. MONROE COUNTY ATTORNEY END OF AGREEMENT n(�,,,�};�oi°cr°f°Yrnarnr� CHRISTINE L(MBERT-BARROWS C EC ELIA A10FISE ASSISTANT COUNTY ATTORNEY DATE 6130/2 Notary Public-State of Louisiana Notary ID Number 157893 ATTACHM ENT A SCOPE OF WORK AND PRICING In the event of a disaster, upon Notice to Proceed from the COUNTY, the CONTRACTOR shall be responsible for providing emergency debris clearance, response, and recovery services. The notice to proceed will specify the services needed by the County in the aftermath of the designated event. Services may include but not limited to; clearance (PUSH), Debris Recovery (loading and hauling of disaster related debris), management of Temporary Debris Storage and Reduction sites (TDSR), and tree stump and limb/hanger's removal. All disaster response and recovery services shall be performed in compliance with FEMA, including but not limited to the FEMA Public Program and Policy Guide (PAPPG). Documentation and reports of work performed shall be in a form suitable for FEMA reimbursement. 1. These tasks may include, but are not limited to: A. Emergency Debris Clearing from County Rights of Way and Facilities • Immediately after a disaster, provide all necessary equipment, tools and personnel to clear primary roads and critical government facilities of debris to allow emergency vehicles access to areas in need of assistance as directed by the County. • Debris should be stacked along the edge of pavement on the shoulder of the road and not blocking driveways, side streets or utilities of any kind. • Emergency Debris Removal may require loading the debris, hauling the debris to an approved dumpsite, and dumping the debris at the approved dumpsite. • Provide daily reporting to include cumulative, daily, and hourly statistics detailing type of equipment and personnel used. Pricing for Emergency Debris Clearing equipment shall be at the hourly rates detailed as follows (equipment operator included), with exception to per tree rate as detailed in item G. Tree and Limb Removal below. Equipment Hourly Equipment Rate Type Bobcat Loader $135.00 Bucket Truck w/Operator $250.00 Crash Truck w/Impact Attenuator $95.00 Dozer, Tracked, D5 or similar $125.00 Dozer, Tracked, D6 or similar $145.00 Dozer, Tracked, D7 or similar $165.00 Dozer, Tracked, D8 or similar $195.00 Dump Truck, 18 CY-25 CY $65.00 Dump Truck, 25 CY-35 CY $75.00 Dump Truck, 35 CY-45 CY $85.00 Dump Truck, 50 CY or larger $125.00 Generator and Lighting $25.00 Grader w/12' Blade $150.00 Hydraulic Excavator, 1.5 CY $165.00 Hydraulic Excavator, 2.5 CY $170.00 Knuckleboom Loader $165.00 Equipment Transport $250.00 Mobile Crane $250.00 Pickup Truck, .5 Ton $35.00 Truck, Flatbed $40.00 Water Truck $135.00 Wheel Loader, 2.5 CY, 950 or similar $195.00 Wheel Loader, 3.5 —4.0 CY, 966 or similar $225.00 Wheel Loader, 4.5 CY, 980 or similar $250.00 Wheel Loader-Backhoe, 1.0— 1.5 CY $195.00 Track Hoe, John Deere 690 or similar $195.00 Stump Grinder $250.00 30 ton or larger Crane $195.00 Labor rates for emergency debris clearing and other work directed by COUNTY which require hourly billing shall be invoiced as follows: Labor Hourly Labor Rate Category Operations Manager w/Cell Phone and Pickup $75.00 Crew Foreman w/Cell Phone and Pickup $75.00 Tree Climber/Chainsaw $95.00 Laborer w/Chain Saw $50.00 Laborer w/small tools, traffic control, flag person $50.00 B. Debris Recovery and Disposal (Load and Haul) from County Roads and Facilities • Provide all necessary equipment and personnel to load and haul disaster- generated debris to an approved TDSR site. • Disaster—related debris will be sorted into categories: clean vegetative, non- vegetative, seaweed, white goods, household hazardous waste, mixed and ineligible at the load sites. • All debris shall be mechanically loaded and reasonably compacted. • Provide control of pedestrian and vehicular traffic in assigned the work area to include flag persons, signs or other devices necessary to ensure safe debris recovery operations, as required, or as directed by County authorized agent. • Provide daily reports on all debris recovery operations; include all equipment and personnel used. The report shall detail daily and cumulative-to-date statistics on the number of truckloads, number of cubic yards of debris hauled, locations of completed work, and locations of current work for each type of debris recovered. • Identify landfills and/or other final disposal site(s) for all debris, for review and approval by the County of the final disposal sites(s). • Haul debris from TDSR sites to final disposalsite(s). • Immediately investigate claims of damage to private property and/orCounty roads and rights-of-way due to debris operations and ensure proper repairs are made promptly at no cost to the County. • Provide all necessary equipment and personnel to remove seaweed and other debris from beach sand by screening and return clean sand to beach as directed by the County. Description Unit Unit Price Collect and Haul Vegetative Debris 0-15 mi CYD $7.86 15.1 - 30 mi CYD $10.86 > 30 mi CYD $14.86 Collect and Haul Non-Vegetative (C&D) Debris 0- 15 mi. CYD $7.86 15.1 - 30 mi CYD $10.86 > 30 mi CYD $14.86 Collect and Haul White Goods 0-15 mi EACH $10.00 15.1 - 30 mi EACH $20.00 > 30 mi EACH $20.00 Collect and Haul Electronic Waste (e-waste) 0-15 mi CYD $25.00 15.1 - 30 mi CYD $50.00 > 30 mi CYD $50.00 Collect and Haul Household Hazardous Waste 0-15 mi CYD $75.00 15.1 - 30 mi CYD $75.00 > 30 mi CYD $75.00 Collect and Haul Seaweed 0-15 mi CYD $24.98 15.1 - 30 mi CYD $26.98 > 30 mi CYD $28.98 Disposal of animal carcasses shall be $ 100.00 per unit. C. Management of Temporary Debris Storage and Reduction (TDSR)Sites • Provide sufficient personnel and equipment to operate multiple TDSR sites simultaneously within unincorporated Monroe County • Fully document pre-existing conditions at proposed TDSR sites with photographs and appropriate environmental sampling. • Prepare each approved TDSR site to accept debris, to include clearing, erosion control, grading, construction and maintenance of haul roads and entrances and installation of inspection towers and security fencing. • Establish site layout, including entrance, exit and internal haul roads at each TDSR site. • Provide all management, supervision, labor, machines, tools, and equipment, necessary to accept, process, reduce, sort, and dispose of disaster related debris. • Provide at least one inspection tower at each TDSR site constructed to pre- approved county specifications. • Vegetative Debris reduction shall be performed by chipping / grinding only • Ensure all debris is properly staged andsorted. • Provide daily and cumulative-to-date reports for each TDSR site including number oftruckloads and cubic yards of debris by debris type. • Ensure TDSR sites are secure and not accessible by the public during operation and after working hours. • After all debris has been reduced and hauled to final disposal sites, perform site restoration and closeout; include removal of site equipment (temporary toilets, inspection towers, security fence, etc.) and restore the site to pre-work conditions. Costs related to testing to establish TDSR site initial conditions, site mobilization and site restoration shall be invoiced at CONTRACTOR cost with no mark-up. Unit costs for TDSR site management and debris reduction are on a per cubic yard basis, except for white goods which are per each basis. Costs are inclusive of all work required to manage and reduce debris, except as noted above, (freon removal from white goods is a separate, per unit cost), and shall be invoiced as follows: Description Unit Unit Price Debris Site Management vegetative CYD $5.22 non-vegetative CYD $2.82 white goods ** EACH $2.00 household hazardous waste CYD $45.00 electronic waste (e-waste) CYD $2.00 seaweed CYD $32.50 **White Goods (refrigerator/freezers) per unit price for TDSR site management will include removal, processing, storage, management, hauling, and disposal of putrescent waste and cleaning of unit, and excludes only the per unit price for freon removal. Freon removal from white goods shall be invoiced at $ 60.00 per unit from which Freon is removed; the price for Freon removal includes transport and disposal of Freon at an approved disposal site. Price for Haul out of reduced debris to Final Disposal sites shall be inclusive of all costs and shall be invoiced on a per cubic yard basis as follows: Description Unit Unit Price Haul out to Final Disposal 0 - 60 mi CYD $12.98 61 - 100 mi CYD $18.68 101 - 130 mi CYD $21.68 130 — 170 mi CYD $26.68 Greater than 170 CYD $28.68 D. The CONTRACTOR will be obligated to recommend final disposal locations for all debris classes, for review and approval by the County. The CONTRACTOR must select sites and final disposal that promote the COUNTY's objective of securing recycling opportunities, re-use opportunities (i.e. for metals), lower tipping costs, and lower overall final disposal costs. The COUNTY retains the right to reject any final disposal locations selected by the CONTRACTOR that conflict with these objectives. Contractor will identify final disposal locations for all debris classes. Cost associated with final disposal site / landfill tipping fees will be a pass-through cost; the CONTRACTOR will invoice the COUNTY at actual cost, without any additionalfees. E. Beach Sand Screening and Replacement Provide all necessary equipment and personnel to screen all sand to remove debris deposited by an event. This task includes the pick-up of debris laden sand, hauling debris laden sand to the processing screen located on or near the beach, processing the debris laden sand and returning the clean sand to the approximate original location on the beach as directed by the COUNTY. Debris removed from the sand will be picked up, hauled, and processed based on the scope of work and unit prices for debris removal from COUNTY rights of way. The cost associated with collection, screening and returning sand to the beach shall be invoiced at$ 22.88 per cubic yard. F. Private Property—Vegetative and Non-Vegetative, Demolish and Removal As directed by the County, the CONTRACTOR will provide labor, equipment and materials to clear vegetative and/or non-vegetative debris from private property. Demolition of structures shall be done only as necessary as to abate imminent and significant threats to the public health and safety. Work may include trimming limbs and trees that present a hazard, clearing debris from private property and hauling it to the closest public right of way. Work will not proceed until appropriate rights of entry forms and hold harmless agreements are obtained. The following rates apply for right of entry work: Vegetative debris: $ 38.50 per cubic yard Demolish and remove non-vegetative debris from private property: $ 68.50 per cubic yard G. Tree and Limb Removal Provide all equipment, tools, and personnel to safely remove hazardous leaning, and/or uprooted trees and/or hanging tree limbs, and backfill of any stump removal, as directed by Monroe County. Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe tree/limb removal operations. Ensure that strict Right-of-Entry procedures are followed for any hazardous tree or limb removal operations that affect private property. As directed by the County, remove all hazardous tree stumps, both uprooted and intact. The cost of limb and branch (hangers) limb removal shall be invoiced on a one- time charge per tree basis as opposed to a unit price per limb or branch. The charge will include equipment, labor and disposal as required. Tree stump removal shall be invoiced as follows: LIMB AND BRACH (hangers) REMOVAL UNIT UNIT PRICE 2" or Larger in diameter (measured at the point Per Tree $98.50 of break) Hazardous Leaning Tree Removal Per Tree $295.00 TREE STUMP REMOVAL AND BACKFILL UNIT UNIT PRICE (As measured two feet above ground) Greater than 24" but Less than 48: in Diameter Per Stump $325.00 48" and Greater in Diameter 1 Per Stump $425.00 H. Other Debris Removal and Disposal Services • Provide all necessary equipment and personnel to remove and dispose of recreational when directed by the County. Service is to include compliance with all statutory requirements and environmental regulations including, but not limited to, registration research, notice(s) to owners, and coordination with law enforcement and motor vehicle registration agencies. Remove and dispose of each recreational vehicle $ $325.00 • Provide all necessary equipment and personnel to remove and dispose of debris related to fish kill events, sargassum events, and / or Red Tide events in accordance with all applicable state and federal regulatory or statutory requirements. Remove and dispose of debris from fish kill, sargassum event or Red Tide event at $ 850.00 per boat hour 2. Required Response Level and Time The following minimum response levels and timeframes are required by the contractor: A. Contractor's senior representative will be present at County EOC 24 hours prior to anticipated event, if requested by County, if not already present Contractor's senior representative will report to County EOC within 24 hours of notification by County after an event. B. Emergency Debris Clearance (PUSH) from Roads 5 crews (personnel and equipment) within 12 hours of notification by County 10 crews (personnel and equipment) within 24 hours of notification by County C. Debris Collection/Removal from County Roads Within 24 hours of notification by County, contractor personnel will establish presence in county and prepare a minimum of four temporary debris sites and collection vehicles and personnel capable of providing the following minimum levels of response for debris collection. Tropical Storm or Category 1 hurricane 10,000 CYD/day Category 2 —3 Hurricane 20,000 CYD/day Category 4— Plus Hurricane 30,000 CYD/day 40% of minimum personnel and equipment required must be present and working within 72 hours, 75% of minimum personnel and equipment required present and working within 120 hours of request,100% of minimum personnel and equipment required present and working within 180 hours of request. The response levels indicated above represent the minimum required as needed. Contractor will be required to increase response levels to effectively respond to a specific event as debris operations proceed. Failure to meet the minimum required response levels and timeframes will be considered non-performance and a default under the contract. 59 ATTACHMENT B FORMS LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010- 1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE DRC Emergency Services, LLC (Company) warrants that heAt has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section,2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover,the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature Kristy `ue ntes ice'Presidenit/SecretaryfTreasurer Date: 12,4 Zd Z3 STATE OF: Louisiana COUNTYOR Jefferson Parish Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or EJ online notarization, canes 7,b 1-- �5 (date) by Kristy Fuentes (name of affiant). He/She is personally known to me ---------ftvpe of identification) as identification. NOTARY PUBLIC My Commission Expires: at death 61 150 NOWCOLLUSION AFFIDAVIT Kristy Fuentes of the city of New Orleans according to law on my lo 1 1 am Vice President/Secretary/Treasurer of the firm of DRC Emergency Services, LLC the bidder making the Proposal for the project described in the Request for Qualifications for: Monroe Counly, FL and that I executed the said proposal with full authority to do so- 2. the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 3. Unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor:and. 4. No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit, or not to submit, a bid for the purpose of restricting competition. 5. The statements coriWlned in this affidavit are true and correct and made with full knowledge that M roe Co e upon the truth of the statements contained in this affidavit i a ding ntra or said project. 107,3 (Si:gnat/re 6Rpsp ent)Kristy Fuentes, (bate) Vice President/Secretary/Treasurer STATE OF: Louisiana COUNTY OF: Jefferson Parish Subscribed and sworn to (or affirmed) before me, by means of IX physical presence or 0 online notarization, on —(date) by Kristy Fuentes _(name of affiant). of identification as identification. Notary Public-State NOTARY PUBLIC 0 Nurnbe� 157893 My Commission Expires: at death 62 151 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: DRC Emeir eincy Services, LLC (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(l). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in; a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to ign the stAeme elrtify that this firm complies fully with the above requirements. _JRe_s p oWd 6 n11't ig re Kristy Fuentes,Vice President/Secretary/Treasurer 51 7-Ag I 2�o Z-3 Date Subscribed and sworn to (or affirmed) before, me, by means of (9 physical presence or 0 online not arwaltion, on 51'PI I`?.-.o z-3 (date) by Kristy Fuentes (name of tenant). Fldr cTja of identificat ) _Rq_ _L[yjijqy��!_Lq as identification. I NOTARY PUBLIC Notary of N be, 157853' My Commission Expires: at death 63 152 VENQQR CERTIFICATION AR Project Description(s): Disaster Response and Recove Services Respondent Vendor Name: DRC Emergency Services, LLC Vendor FEIN: 63-1283729 Vendor's Authorized Representative Name and Title: Kristy Fuentes Vice President/Secretary/Treasurer Address: 111 Veterans Boulevard Suite 401 City: Metairie State: LA Zip: 70005 Phone Number: 888 721-4372 Email Address: Kfuentes(adreusa.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287,135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled °Respondent.Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized' Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287,135„ Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Kristy Fuentes who is authorized to sign on behalf of the above referenc parry. Authorized Signature: % f" Print Name:—Kristy Fuentes Title: Vice President/Secretary/Treasurer Note: The List are available at the following Department of Management Services Site: httr)://www,dms,rn florida.con,Vbusiness or)er tionsistate purchass rr /vendor information�convicted suspended discriminatory cornolaints vender lusts 64 153 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES USrS Project Description(s): Disaster Response and Recovery Services Respondent Vendor Name: DRC Emergency Services, LLC Vendor FEIN: 63-1283729 Vendor's Authorized Representative Nameand Title: Kristy Fuentes, Vice Preside nUSecretarvfTreasurer Address: 111 Veterans Boulevard Suite 401 City: Metairie State:.....L=A....; Zip: 70005 Phone Number: (888) 721-4372 Email Address: Kfuentesra-)dreusa.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Krist Fuentes who is authorized to sign on behalf of the above referenc pang. Authorized Signature: Print Name: Kristy Fuentes Title: Vice PresidenUSecretarv/Treasurer Note: The List are available at the following Department of Management Services Site: hkk //u ww,,drrns.rrn floiricia.coirdDusirress c it ticirr state urchasin fve.ndor informakiorr�onviicted s�us:aer�cRecR diis�riirrniiirn tc�ir comp..I.a,jnts,,v,,,,endor lists 64 153 "N °b r✓ � r MinorUy._Qw_n.ed__5_usines§ Declaration dRC Emergency Services, LLC a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes or X is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S. 288.703(3) "Minority business enterprise" means any small business concern as defined in subsection (6)(see below) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an u nderre presentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds $1 million. For purposes of this subsection, the term "related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6) "Small business" means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more infar�mati C rector Date: "p Signature Print Dame: Kristy entes Title: Vice President/Secretary/Treasurer Address: 111 Veterans Blvd Suite 401 City/State/Zip—Metairie, LA 70005 For Monroe County Verification: Title/ OMB[Department: Verified via: https://osd.dms.myflorida.com/direct©ries 65 154 APPENDIX A. 44 C.F.R. PART 18-CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2 If any fundsother than Federal appropriated funds have been paid orwill be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certificationbe included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor DRC Emergency Services, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies False Claims nd St men apply to this certification and disclosure, if any. Srgfnaf RC tr tor's Authorized Official Kristy Fuentes, Vice President/Secretary/Treasure Name and Title of Contractor's Authorized Official bate 66 1 55 N/A DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to discloselobbying activities pursuant to 31 U.S.C.1352 0348-0046 See reverse for ublic burden disclosure. 1.Type of Federal Action: 2. Status of Federal Action: 3.T7rt Type: a.contract oa. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year cpter- e. loan guarantee date of last report f. loan insurance 4 Name and Address of Reporting Entity: a If Reporting Entity in No. 4 is a Subawardee, Enter Name Prime D Subawardee and Address of Prime: Tier , if known: Congressional District, if known: Congressional District, if known : & Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number,if known: 9.Award Amount, if known : 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 1Oa ) (last name, first name, Ml): d 11 Information requested Through Ihis formis aulhonzed by UUe 31 a.S C.sect ion 1352. Signature: �! • This disclosure of lobbying aclivit1e is a material representation of factupon Which f rid y f� £JS reliance was placed by the tier above vmen this transaciton was made or entered into.This disclosu1e is required pursuant to 31 U.S.C.1352.This information willbe Print Name: reported to the Congress semi annually and Will be available for public inspection. Any person who fails to file the required disclosure shall besubject to a civil penalty Title_: Vice President/Secrets /Treasurer of not less thal$10 000 and nol more than$100 000 for each such failure. - a e: i .u��r Use Authorized for LocaO Reproduction ed- Standard Form LLL(Rev.7-97) 67 156 Respondent's Insurance and Indemnification Statement Insurance Reauirement Reauired Limits Worker's Compensation Statutory Limits Employer's Liability $1,000,000/$1,000,000/$1,000,000 General Liability $5,000,000 Combined Single Limit Vehicle Liability $5,000,000 Combined Single Limit per Occurrence/$5,000,000 Aggregate Pollution Liability $5,000,000 per occurrence $10,000,000 annual aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier,their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay.Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR,the CONTRACTOR agrees and warrantsthat CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirement conteined elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contr&adt'�-nn�d cc in full with all the requirements. DRC Emeraencv Services, LLC Respondent Si atur Itr'rs y Feentes, resident/SecretaryFFreasurer 69 157 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES GL - ECG107062 $25,000 Pollution - P03CP0000033200 $50,000 Liability policies are X Occurrence Claims Made y McGriff Insurance Services, LLC Insurance Agency Signature Print Name: Julia Becvar 70 158 AIC ® DATE / Y) v CERTIFICATE OF LIABILITY INSURANCE 04/03/03/2023 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 endorsement(s). PRODUCER CONTACT Julia Becvar McGriff Insurance Services,LLC NAME: PHONE 10100 Katy Freeway,#400 A/CC No Ext: 713-877-8975 FAX No):713-877-8974 Houston,TX 77043 E-MAIL ecvar me ADDRESS:)b riff.com @ 9 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Crum&Forster Specialty Insurance Company 44520 INSURED INSURER B:United States Fire Insurance Company 21113 DRC Emergency Services,LLC P.O.Box 17017 INSURER :Texas Mutual Insurance Company 22945 Galveston,TX 77552 INSURER D:Argonaut Insurance Company 19801 INSURER E:Vantage Risk Specialty Insurance Company{162751 INSURER F: COVERAGES CERTIFICATE NUMBER:AGJVQSQ9 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY ECG107062 03/31/2023 03/31/2024 EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE OCCUR DAMAGES(RENTED 100,000 PREMISES Ea occurrence) $ MED EXP(Any one person) $ 10,000 X X PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY F-x]PE'C T LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ B AUTOMOBILE LIABILITY 1337543307 03/31/2023 03/31/2024 COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED X X BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLA LIAB X OCCUR EFX122599 03/31/2023 03/31/2024 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE X X AGGREGATE $ 5,000,000 DED I I RETENTION$ $ C WORKERS COMPENSATION 0001307608 TX 03/31/2023 03/31/2024 X PER OTH- D AND EMPLOYERS'LIABILITY Y/N WC928968471754 OS I STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? F N/A X (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 $ E Contractors Pollution& P03CP0000033200 03/31/2023 03/31/2024 Contractor's Pollution $ 5,000,000 Errors&Omissions Errors&Omissions $ 5,000,000 X X Policy Aggregate $ 5,000,000 $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Disaster Response and Recovery Services,Monroe County,Florida Monroe County Board of County Commissioners are included as an Additional Insured on the General Liability,Automobile Liability and Excess Liability policies.Waiver of Subrogation applies in favor of Monroe County Board of County Commissioners as respects General Liability,Automobile Liability,Workers'Compensation and Excess Liability.The General Liability Policy includes a Per Project Aggregate.Coverage is primary and non-contributory as respects to General Liability,Automobile Liability and Excess Liability policies. All as required by written contract subject to policy,terms,conditions,and exclusions. In the event of cancellation by the insurance companies the policies have been endorsed to provide 30 days Notice of Cancellation(except for non-payment)to the Certificate Holder shown below. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners AUTHORIZED REPRESENTATIVE 1100 Simonton Street , Key West,FL 33040 Page 1 of 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ATTACHMENT C ADDITIONAL SERVICES Monroe County, FL. (BOCC) Disaster Responses & Recovery Services DRC Emergency Services Additional Pricing Schedule Canal and WaterwayDebris and Silt Removal and Disposal Unit Unit Price Marine based removal: 0-5 mile,one-way haul Per CY $ 138.50 5.1-10 mile,one-way haul Per CY $ 139.00 10.1-15 mile,one-way haul Per CY $ 139.50 Land based removal: 0-5 mile,one-way haul Per CY $ 82.50 5.1-10 mile,one-way haul Per CY $ 83.00 10.1-15 mile,one-way haul Per CY $ 83.50 Drainage ditches silt and debris removal Unit Unit Price Ditch width 0-4.0 feet Per Linear Foot $ 12.95 Ditch width 4.1-8 feet Per Linear Foot $ 13.95 Ditch width 8.1-12 feet Per Linear Foot $ 15.95 Ditch width 12.1-16 feet Per Linear Foot $ 19.95 Ditch width 16.1-20 feet Per Linear Foot $ 24.95 Ditch width 20.1-30 feet Per Linear Foot $ 32.95 Debris to be placed on the ROW for collection as regular debris. Silt to be hauled and disposed Per CY $ 19.88 Cleaning and Clearing of Storm Drain Lines Unit Unit Price Drain Line Diameter 0-15.0 inches Per Linear Foot $ 15.00 Drain Line Diameter 15.01-36 inches Per Linear Foot $ 18.50 Debris to be placed on the ROW for collection as regular debris. Silt to be hauled and disposed Per CY $ 19.88 Cleaning and Clearing of Catch Basins and Inlets Unit Unit Price 4'X 4' Each $ 450.00 8'X 8' Each $ 550.00 10'X 10' Each $ 850.00 20'X 20' Each $ 1,250.00 Sunken Vessel Removal Unit Unit Price Price proposal for vessel salvage and recovery: Marine Based salvage operations: Recreational vessels up to 24'in length 1. Flat-ulled essels Per Linear Foot $ 185.00 2.Keeled essels Per Linear Foot $ 200.00 Recreational vessels 25'up to 36'in length 1. Flat-ulled essels Per Linear Foot $ 200.00 2.Keeled essels Per Linear Foot $ 225.00 Recreational vessels 36'up to 48'in length 1. Flat-ulled essels Per Linear Foot $ 300.00 2.Keeled essels Per Linear Foot $ 375.00 Recreational vessels above 48'in length 1. Flat-ulled essels Per Linear Foot $ 400.00 2.Keeled essels Per Linear Foot $ 475.00 Land based salvage operations: Recreational vessels up to 24'in length 1. Flat-ulled essels Per Linear Foot $ 125.00 2.Keeled essels Per Linear Foot $ 150.00 Recreational vessels 25'up to 36'in length 1. Flat-ulled essels Per Linear Foot $ 150.00 2.Keeled essels Per Linear Foot $ 175.00 143 Recreational vessels 36' up to 48'in length 1.Flat&V-Hulled Vessels Per Linear Foot $ 250.00 2.Keeled Vessels Per Linear Foot $ 300.00 Recreational vessels above 48'in length 1.Flat&V-Hulled Vessels Per Linear Foot $ 300.00 2.Keeled Vessels Per Linear Foot $ 350.00 Derelict vehicle and vessel removal(from land) Unit Unit Price Pricing proposal for vehicle and vessel recovery: Transfer/Tow of typical passenger car Each $ 350.00 Transfer/Tow and handling of Recreational vessels up to 24'in length Flat&V-Hulled Vessels Per Linear Foot $ 70.00 Keeled Vessels Per Linear Foot $ 90.00 Transfer/Tow and handling of Recreational vessels 25'up to 36'in length Flat&V-Hulled Vessels Per Linear Foot $ 80.00 Keeled Vessels Per Linear Foot $ 100.00 Transfer/Tow and handling of Recreational vessels 36'up to 48'in length Flat&V-Hulled Vessels Per Linear Foot $ 90.00 Keeled Vessels Per Linear Foot $ 110.00 Transfer/Tow and handling of Recreational vessels above 48' in length Flat&V-Hulled Vessels Per Linear Foot $ 120.00 Keeled Vessels Per Linear Foot $ 140.00 Operation of secure aggregation site for vehicles and vessels: Per Day $ 950.00 Travel Trailer Installation and Maintenance Price proposal for trailer installation Basic Trailer Installation Per Trailer $ 17,500.00 As needed services: Buried Sewer Line Per Linear Foot $ 60.00 Install Sewer Tap Per Tap $ 650.00 Buried Water Line Per Linear Foot $ 50.00 Municipal Water Tap Per Tap $ 650.00 Power Pole with Meter Per Pole $ 2,250.00 Water Line Winterization Per Linear Foot $ 10.00 Handicap Ramp Each $ 4,850.00 Direct Wiring to Well Pump Switch Per Pump $ 750.00 Above Ground Electrical Excess Per Linear Foot $ 50.00 Provide Additional Potable Water Hose Per 25' $ 25.00 Provide and Install Generator Per 5kw Gen $ 3,750.00 Direct Burial of 52 Amp Service Per Linear Foot $ 95.00 Handicap Platform Steps Each $ 3,850.00 Marine Debris Removal Price proposal for removal of debris from a marine environment,using either land or marine based equipment. Vegetative Debris 144 Land Based Equipment Per Cubic Yard $ 62.50 Marine Based Equipment Per Cubic Yard $ 178.50 mm and Mixed Debris Land Based Equipment Per Cubic Yard $ 68.50 Marine Based Equipment Per Cubic Yard $ 178s0 White Goods Land Based Equipment Each $ 125.00 Marine Based Equipment Each $ 275.00 n,e, Land Based Equipment Each $ 75.00 Marine Based Equipment Each $ 150.00 s-Waste Land Based Equipment Each $ 75.00 Marine Based Equipment Each $ 150.00 Structure demolition with m^cm construction and demolition debris loaded a,the designated work zone and hauled to an approved Type 1/11 landfill.Contractorshall disconnect and cap the sewer and water lines and coordinate all required disconnects uv private utility companies.Search safely accessible structures, re,cY $ oasu including garages and detached outbuildings,and remove all white goods,e-waste and household hazardous waste for ROW collection.Does not include removal of concrete slabs. Concrete Removal Unit Unit Price Contractor m load and haul broken concrete from the ROW and dispose a,an Owner approved site. u s miles,one-way haul re,cY $ 19.88 5.1 1u miles,one-way haul re,cY $ 20.88 10.1 1s miles,one-way haul re,cY $ 22.98 Contractor m demolish concrete slabs and haul and dispose a,an Owner approved site. u 1s miles,one-way haul re,cY $ 22.88 15.1 su miles,one-way haul re,cY $ 23.88 30.1 au miles,one-way haul re,cY $ 25.98 Power Sources Per Day Per Week MOB/DEMOB Please provide pricing for emergency generators zuw,sene,am, $ 850.00 $ 2'975.00 $ 1'500.00 saw,sene,am, $ 1'000.00 $ s'suu.uu $ z'suu.uu 100kwsene,am, $ 1'150.00 $ '025.00 $ s'suu.uu 175kwsene,am, $ 1'500.00 $ s'zsu.uu $ s'uuu.uu znx"vGenerator $ 1'650.00 $ 5'775.00 $ 7'500.00 szukwsene,am, $ z'zsu.uu $ 7'875.00 $ 15'000.00 suukwsene,am, $ s'zsu.uu $11'375.00 $ zu'uuu.uu 10uukwsene,am, $ o'suu.uu $29'750.00 $ ss'uuu.uu *3 day minimum-Installation cost per situation National Incident Management System (0|K8S)Training Included Assistance in Development ofa Debris Management Plan Included Canal Shoreline Restoration Per Linear Foot $ 89.50 145 O o 0 0 o O o 0 0 o O o 0 0 o O O coo O o 0 0 o O O o 0 0 o � 0 0 0 0 0 � 0 0 0 0 0 o 0 0 0 0 to 0 0 0 0 0 O 0 0 V1 0 0 O o O O o O o O O o 0 0 coo O o O O o 0 @ l0 O N w V1 @ V1 O1 cr Ll O @ N V1 O O V1 @ V1 O1 cr Ll O @ O O O O O @ O .c in in 1 rl ti s ,� i.n rn i.n a s m rll�m rn ,� a s ,� i.n rn m a s o f m lc�I - .c 't u a li a vi rvi of u oo ,� ni 't i6 a I of o6 vi o u oo ,� ni 't i6 C o I of m m a a c in N p1 n a c N p1 io a N c N ,� ,� ,� ,� c N rn io a N c rn n a M M c o0 o o o o o o rn 0 0 0 0 0 0 E E E E E E w w w w w w O o 0 0 o O o 0 0 o O o 0 0 o O O coo O o 0 0 o O O Coco O o 0 0 o O o 0 0 o O O O O O o Coco O 0 o 0 0 o 0 o 0 0 o 0 o 0 0 o 0 0 coo 0 o 0 0 o 0 O o 0 0 o O o 0 0 o - O O O O coo O o 0 0 o O O O O O V1 lc O O O L'i lh C 0 l0 O O O V1 O O O O O O y O V1 O V1 01 y V1 N 00 V1 h y h l0 a V1 c-i y V1 N 00 V1 h y O V1 O V1 O y O N c-I c-I O Lf1 N 00 00 c-I Lf1 N p1 l0 M N N 00 00 c-I Lf1 01 a O 00 c-I c-I � a M N ci � ci 00 V1 M ci � ci � ci 00 V1 M ci � ci 01 h M N � l0 W W W W W W 3 3 3 3 3 3 v v v v v v 0 0 0 0 0 0 w w w w w w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o W 0 0 0 0 0 W 0 0 0 0 0 W 0 0 0 0 0 W O O 0 0 0 W 0 0 0 0 0 T V1 O O O O O O O O O O V1 V1 V1 O O O O O O O O V1 @ O O O O O pq l0 G O GG G �°n O c 0 c 0 00 y u 'iY, ut ut ut ut ut uT uT uT uT uT uT uT uT uT uT uT uT uT uT uT Pfl� u uT uT uT uT O ut 06 p, O O O O O O O O O O O O O O O "'" O O O O O "+w O O O O O O N` O O O O O .. 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E E o U U m a m m U Y o ..i c o Q m a a v o o O a 0 (0 -C LL LL LL LL G T C a E w V1 l0 h 00 i—' 01 O ci N G Monroe County, FL. (BOCC) Disaster Responses & Recovery Services DRC Emergency Services Red Tide Boat Pricing Line Item Rate <14' Utility Work Boat with Captain & 1 Deckhand. Includes Captain, and 1 Deckhand. Workboat consists of noncollection vessels to tansport equipment, dipatch $281.75 boom and/or push pull cargo or other boats. >14' Utility Work Boat with Captain & 1 Deckhand. Includes Captain, and 1 Deckhand. Workboat consists ofnoncollection vessels to $356.50 tansport equipment, dipatch boom and/or push pull cargo or other boats. Wee Doo Includes Operator $437.00 Mini-Shrimp Boat with Captain and 1 Deckhand. Includes Captain, and 1 Deckhand. $828.00 Large Shrimp Boat with Captain and 2 Deckhands. Includes Captain, and 2 Deckhands. $874.00 Tow Behind Beach Rake with Tractor- Large. Includes Operator. $391.00 Tow Behind Beach Rake with Tractor-Small. Includes Operator. $391.00 Self-Propelled Beach Rake. Includes Operator $391.00 12'x40' Barge. Includes Captain, and 1 Deckhand $828.00 Roll-off Dumpster includes liner. $310.50 Roll-off Dumpster Pull. Inclusive of mileage to disposal $454.25 site. Disposal fees are pass through to County. Laborer. Includes PPE, Hand Tools, Garbage Bags. $69.00 Deckhand. Category is for additional deckhands not included in the descriptions. $51.75 Telescoping Forklift. Includes Operator $178.25 147 ' T ® .. mmmmm....��... �...., . DATE tMMfDOIYYYYI ace INSURANCE 04/03/2023 CERTIFICATE OF LIABILITY 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 NAME: Juiia Becvar McGriff Insurance Services,LLC .... 10100 Katy Freeway,WC tllVK-,PHONE ,fr,,lllt,,,713-877-8975 ....... R 713 877-8974 E-MAIL ADDRESS:jbecvar@mcgriff.com 9 Houston,TX 77043 5ecvar me riff.com AlC Nod ENSURER(Si,AFFORDING COVERAGE NAIC# INSURERA;Crum&FOr5ter S reCialVr Insurance Com am 44520 INSURED DRC Emergency Services,LLC INSURER s,;United States Fire Insurance Com an r 21113 b.....,P. ............... .......... P.O.Box 17017 INSURER cTexas Mutual Insurance Com)uarnp 22945,,,,, Galveston,TX 77552 INSuRER,D,Artonaut Insurance Com,an(r 19801,,,,,,,,, INSURER,E,:VantaV�Rlsk Syu,ecialty Insurance Corrtt,danw,j,16275E f INSURER F u COVERAGES CERTIFICATE NUMBER:A mJmm GJVQSQ9 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. ,-.................. ....... .... „, .................�LO�DL;SUBR ..................................................... ... ........ .. ,Q'POLICY EFF POLICY EXP„ ......... ............. ,,,,,,,,,,,,,,,,,,,,,,,LIMITS,,,,,,,,,, .................. ............... LTR TYPE OF INSURANCE n� ( POLICY NUMBER MMIDDIYYYYy nMMIDDIYYYYi ___W__. _.. ....... A X ,COMMERCIAL GENERAL LIABILITY EGG107062 03/3112023 03/31/2024 EACH OCCURRENCE $ MM5,000,000 CLAIMS-MADE OCCUR j PREMI E RENTED 100,000 .. PREMISES Ea occurrence! � $ ` MED EXP(Any ore person) I $ 10,000 APPROVED BY RISK MANAGEMENT - -------------------------------------------------------- _. �-..... ............... ..... ,,,,,,,,, X X ,^ PERSONAL&ADV INJURY I $ 5,000,000 BY ;x= r 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ,„.-^' GENERAL AGGREGATE I $ POLICY JFCT LOG DATE 7/ 17.� PRODUCTS COMPIOP AGG $„ 5,000,000 OTHER: WAIVER NIA YES I $ L 03131/2023 0313112024� CoMBINED§'I`NGLEUMi�' B AUTOMOBILE LIABILITY Ea accident t i 0D0,000 X ANY AUTO BODILY INJURY(Per person) f$ OWNED f SCHEDULED X X BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ HIRED "NON-OWNED PROPERTY DAMAGE ,,,......j m� AUTOS ONLY ,AUTOS ONLY ,Per accident„ $ _. $ 7+ UMBRELLA LIAR X EFX122599 03/3112023 03/31/2024 S,OD0,000 OCCUR EACH OCCURRENCE $ I, X EXCESSLIAB € J'G�s-,MAREIDX X A 11 GGREGATE $ 5,000,OOD ... $.............. .. .....»,. ANY P COMPENSATION ETO ENSAT ON N YIN 00013076D8 TX 03/3112023 03131/2024 PER OTH 'WORKERS COMP „ -...�..-"� a R 1,000,000 D AND EMPLOYERS'LIABILITY WC928968471754 OS RIPARTNERfEXECUTIVE ❑ E.L.EACH ACCIDENT $ 1,000,000,! OFFICERIMEMB ER EXCLUDED? N N!A X (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under _ E.L.DISEASE-POLICY LIMIT $ 1,000 000 DESCRIPTION OF OPERATIONS below ,,, Contractors Pollution& P03CPOD00033200 mm 03I3112023 03/31/2024 4ontractor's Pollut3or „$.,,,, 5,000,fl00, Errors&Omissions Errors&Omissions $ 5,000,D00 X X Policy Aggregate $ 5,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Disaster Response and Recovery Services,Monroe County,Florida Monroe County Board Of County Commissioners are included as an Additional Insured on the General Liability,Automobile Liability and Excess Liability policies.Waiver of Subrogation applies in favor of Monroe County Board Of County Commissioners as respects General Liability,Automobile Liability,Workers'Compensation and Excess Liability.The General Liability Policy includes a Per Project Aggregate.Coverage is primary and non-contributory as respects to General Liability,Automobile Liability and Excess Liability policies. All as required by written contract subject to policy,terms,conditions,and exclusions. In the event of cancellation by the insurance companies the policies have been endorsed to provide 30 days Notice of Cancellation(except for non-payment)to the Certificate Holder shown below. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners AUTHORIZED REPRESENTATIVE 1100 Simonton Street g Key West,FL 33040 Page 1 of 1 ©1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD