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Item J1
JI BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting August 21, 2024 Agenda Item Number: J1 2023-2788 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner N/A AGENDA ITEM WORDING: Approval of Issuance of a $254,000.00 Task Order to Kearns Construction Company for the Removal and Disposal of a Derelict Steel Trawler, Funded by a Grant from the Florida Fish and Wildlife Commission Derelict Vessel Grant Program. ITEM BACKGROUND: Task Order No. 2023-KCC-09 is for the removal and disposal of the derelict vessel(listed below) for a total project cost of$254,000.00. This project is funded by a grant from the Florida Fish and Wildlife Commission("FWC") Derelict Vessel Grant Program ("DV Program") for derelict vessel removal services (Contract No. 24025). The Receipt of Unanticipated Funds was approved by the Board of County Commissioners (`BOCC", "Board", "Monroe County", or the "County") at the Board's regular July 17th, 2024, BOCC meeting. 1. FWC230N0004941, 66' steel trawler in Boca Chica Basin for $254,000.00 The Monroe County Planning and Environmental Resources Department's ("Department") Marine Resources Office routinely hires marine contractors for the removal and disposal of derelict vessels. To provide for a competitive bid process for the hiring of qualified marine contractors,particularly due to the potential for expending over $50,000 cumulatively to an individual contractor within a 12-month period, the Board at its regular November 15th, 2022, BOCC meeting directed the Marine Resources Office's professional staff to advertise a Request for Qualifications in order to qualify vendors. Nine vendors were subsequently approved by the Board at its regular May 17th, 2023, and June 21 st, 2023, BOCC meetings. Prior to execution of contracts, the professional staff of the Marine Resources Office sends an Invitation for Quotes to the pre-qualified marine contractors for all derelict vessel removal 1679 jobs. The responsive and responsible low quoting vendor is awarded the job and a Task Order is issued by the Marine Resources Office. The professional staff of the Marine Resources Office requests BOCC approval to issue this Task Order for $254,000.00 to Kearns Construction Company for this task. PREVIOUS RELEVANT BOCC ACTION: March 2023 - Approval of selection of nine (9) firms for `Removal of Derelict Vessels and Marine Debris in Monroe County' including: ACT Environmental & Infrastructure, Inc., Adventure Environmental, Inc., Arnold's Auto & Marine Repair, Inc., ASAP, Inc., Coffin Marine Services, Inc., DRC Emergency Services, Hutchings & Sons, Inc., Kearns Construction Company, and Key West Harbor Services. May 2023 -Approval of a contract with Kearns Construction Company. July 2024 -Approval of Receipt of Unanticipated Funds for derelict vessel removal services. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Task_Order_KCC-09_66 Steel_Trawler4941_.pdf Kearns COI 7-29-24_RISK APPROVED.pdf Kearns_DV executed contract_thru 6-30-26 .pdf Fully Executed 24025 Monroe Co. Agreement &Attachments.pdf Receipt Unanticipated Funds DRAFT RESOLUTION 24025.pdf FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: 11/19/2024 Total Dollar Value of Contract: $254,000.00 Total Cost to County: $0 Current Year Portion: $0 Budgeted: N/A Source of Funds: Florida Fish and Wildlife Commission Grant Agreement#24025 1680 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: Yes County Match: No Insurance Required: Yes Additional Details: OMB has set up grant account 125-62662 1681 County of Monroe Planning&Environmental Resources Department ,x0 Board of County Commissioners: Marathon Government Center 's Mayor Holly Merrill Rashein,District 5 2798 Overseas Highway,Suite 400 f °ti Mayor Pro Tem James K. Scholl,District 3 Marathon,FL 33050y Craig Cates,District I Voice: (305)289-2500 Michelle Lincoln,District 2 a ' FAX: (305)289-2536 David Rice,District 4 We strive to be caring,professional,and fair Task Order #2024-KCC-09 For the Removal of Derelict Vessel/s and/or Marine Debris Date: August 21, 2024 Kearns Construction Company is hereby authorized to proceed with the removal and disposal of the 66 ft. steel trawler in Boca Chica Basin (FWC230N0004941). The County agrees to pay the proposed cost of $254,000.00 upon completion of the work and receipt of an invoice, complete disposal receipt, and photographs. The completion of the work shall be in accordance with the following schedule: X Routine Removal- vessel should be disposed of by October 15, 2024 Environmental Emergency Hazard to Navigation Imminent Threat to Public Safety General Requirements: Contractor shall provide notification to the investigating officer at least 24-48 hours prior to the start of removal activities. Any anchors/mooring devices, or other appurtenances associated with the vessel, shall also be removed. The awarded contractor shall dispose of vessels and marine debris at any of three Monroe County Solid Waste transfer stations or other certified waste management facility. County transfer stations require engines to be separated from the vessel. The vessel can contain no fuel or fuel tanks. All fluids should be drained from the engine, which will be visually inspected by the transfer station for acceptance. Engines,batteries,fuel,and fuel tanks (or other hazardous materials) shall be properly disposed of(transfer stations have separate facilities/containers for engines, fuel, etc.). Any recyclable materials may be taken to a recycling center or licensed scrap yard. If asbestos is present, further coordination with DEP and the Marine Resources office will be required prior to removal. Please note that any vessels or debris that requires `processing' (e.g. crushing/compacting that is not contained) may require coordination with DEP. Work shall comply with all County, State and Federal regulations. The Contractor shall contact the Marine Resources Office immediately if circumstances arise in which the work cannot be completed according to the above indicated schedule, in which case other arrangements may be necessary. It is understood that weather may delay removal efforts; however, the Contractor's work load or logistical issues will not be considered'good reason' for delays. 1682 All documents required for payment(including but not limited to invoices,photographs and complete disposal/recycling tickets) shall be submitted electronically to and received by the Monroe County Marine Resources Office. The invoice must include: 1. The date(s)that removal of the vessel was completed. 2. The accurate size of the vessel. 3. The invoice number and date. 4. The removal cost of an individual vessel if multiple vessels are included in an invoice. The photographs shall include: 1. The condition of the vessel prior to commencement of removal. 2. The removal process - documenting the methods of removal(e.g. use of lift bags, cranes, pumping, etc.) and the transportation of the vessel to land. 3. The removal site after removal is completed from the same angle and position as the photograph(s) documenting the condition of the vessel prior to commencement of removal. 4. The demolition and final disposition of the vessel. Additional Instructions: ■ Hired contractors are authorized to remove derelict vessels and marine debris under Monroe County's Florida Keys National Marine Sanctuary ("FKNMS")Permit No. FKNMS-2023-133. ■ A copy of Permit No. FKNMS-2023-133 and a copy of Task Order No. 2024-KCC-08 shall at all times be available at the removal site while conducting derelict vessel or marine debris removals for Monroe County. ■ The contractor shall adhere to the Removal Plan submitted and approved for the vessel (attached). ■ The contractor shall notify the Marine Resources Office of the anticipated start and end dates of work prior to commencement of work and coordinate with staff and/or law enforcement for on- site observation of removal activities, as needed. ■ The contractor shall adhere to all terms and conditions in the attached Florida Fish and Wildlife Conservation Commission (FWC) Grant Agreement 924025. ■ The contractor shall follow the attached State of Florida's Derelict Vessel Removal Best Management Practices (BMPs). Failure to follow these BMPs may subject the contractor to State and Federal fines and penalties. ■ The contractor shall adhere to all FKNMS-2023-133 permit conditions, FKNMS regulations and follow the attached FKNMS Best Management Practices for Vessel,Aircraft and Debris Recovery and Removal Operations ("BMPs"). Failure to follow the FKNMS-2023-133 permit conditions, FKNMS regulations, and/or BMPs may subject the contractor to State and Federal fines and penalties. ■ The contractor shall utilize the U.S. Department of Homeland Security E-Verify system to verify the employment eligibility of all new employees hired during the term of this subcontract. A copy of this verification must be provided to Monroe County prior to the start of work. ■ All invoicing for this job must be received by the Marine Resources Office no later than October 15, 2024. Holly Merrill Rashein, Mayor oNRor COUNTY ATToarY APB VED S T c., a � : - � 1683 Client#: 2006693 KEARNSCO DATE(MM/DD/YYYY) ACORDT. CERTIFICATE OF LIABILITY INSURANCE 1 7/29/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Katie Lambert NAME: USI Insurance Services LLC/CL PHONE 504-355-5059 FAX 610-537-4152 A/C,No,Ext: (A/C,No): 5100 Poplar Avenue,#1200 E-MAIL ADDRESS: Katie.Lambert@usi.com Memphis,TN 38137 INSURER(S)AFFORDING COVERAGE NAIC# 901 766-5990 INSURER AMitsui Sumitomo Insurance USA Inc. 22551 INSURED INSURER B:StarNet Insurance Company 40045 KEARNS CONSTRUCTION COMPANY, INC Safe Harbor Insurance Company 12563 INSURER C: p Y 2550 S BAYSHORE DR STE 206B Nautilus Insurance Company 17370 INSURER D: p Y Coconut Grove, FL 33133 Ironshore Specialty Insurance Co 25445 INSURER E: p Y Florida DBPR LICENSE#CGC060194 National Indemnity Company 20087 INSURER F: tY p Y COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X OHM4510326 03/29/2024 03/29/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $100,000 X MARINE GL MED EXP(Any one person) $10,000 X P&I/HULL PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECT � LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ F AUTOMOBILE LIABILITY X X 74APBOO8338 03/29/2024 03/29/202 COMBINED SINGLE LIMIT 1e 000e 000 Ea accident $ ANY AUTO BODILY INJURY(Per person) $ OWNOSED X ONLY AUTOS SCHEDULED BODILY INJURY(Per accident) $ AUT HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident) ccident $ A X UMBRELLA LIAB X OCCUR X X OLM2510616 03/29/2024 03/29/2025 EACH OCCURRENCE $See Descri tl X EXCESS LIAB CLAIMS-MADE OM0109V24 03/29/2024 03/29/2025 AGGREGATE $of Operations DED X RETENTION$25 OOO I TOTAL $1 O 000 000 B WORKERS COMPENSATION X KEY0146941 03/29/2024 03/29/2025 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Vessel Pollution X X 5608841 03/29/2024 03/29/2025 See Description D Contractor Pollut X X CPL202668316 07/10/2024 07/10/2025 of Operations E Professional I X DCP7NACYNF4001 01/16/2024 01/16/2025 for Coverages DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Certificate Holder is included as Additional Insured where indicated below and as outlined in the policy forms.Additional Insured status is not applicable to Workers'Compensation. 1r P T BY.� -.� w. .� ent... D 7 24 wattachm . (See Attached Descriptions) Wks CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved_ ACORD 25(2016/03) 1 of 3 The ACORD name and logo are registered marks of ACORD 1684 #S45689405/M45168594 KXLH M DESCRIPTIONS (Continued from Page 1) MARINE GENERAL LIABILITY: -Quota Share-75% Lead Mitsui Sumitomo Ins USA,followed by 25% United Fire&Casualty Co -Per Project Aggregate-MUS MCL 0137 Rev 12.20 -Additional Insured &Waiver of Subrogation (Blanket)-MUS MCL 0110 Rev 08.16 -Primary Non Contributory-MUS GEN 0117 Rev 09.16 -Additional Insured -State or Governmental Agency or Subdivision or Political Subdivision-Permits or Authorization-MUS GEN 0021 Rev 08.16 -Additional Insured -Owners, Lessee's or Contractors-w/Completed Operations-MUS GEN 0022 Rev 08.16 -Insured Contract Amendment(Railroad)-MUS MCL 0160 Rev 02.23 -Rigger's Legal Liability-MUS GEN 0023 Rev 08.16 -Cross Liabilities-MUS GEN 0215 Rev 08.16 -XCU Included -Diving included -30 Day Notice of Cancellation, Except 10 Days for NonPayment-MUS GEN 0115 Rev 10.20 AUTOMOBILE LIABILITY: -Additional Insured (Blanket) included -Waiver of Subrogation-when scheduled -Hired and Non Owned Included -Physical damage deductible: $1,000 Comp/$1,000 Collision WORKERS COMPENSATION: -Statutory and United States Longshore and Harbor Workers'Compensation Act Coverage -Waiver of Subrogation-Blanket per written contract -Alternate Employer: Blanket per written contract PROTECTION & INDEMNITY/HULL: -Protection &Indemnity-$1,000,000 CSL Per Occurrence -Maritime Employer Liability-$1,000,000 CSL Per Occurrence -Automatic Acquisition Clauses -MUS HPI 0005 Rev 10.20 -Privelege to Charter-MUS HPI 0025 Rev 08.16 -Jones Act coverage provided. No stated number of Crew Limitation. -XCU Included -30 Day Notice of Cancellation, Except 10 Days for NonPayment-MUS GEN 0115 Rev 10.20 1st LAYER EXCESS (5x1): -Quota Share-65% Lead Mitsui Sumitomo Ins USA,followed by 35% United Fire&Casualty Co -Additional Assured-Waiver-NOC-Primary (Blanket)-MUS BST 0110 Rev 08.16 -Blanket Waiver of Subrogation(Follow Form)-M-513 -5,000,000 Limit over GL,Auto, EL, P&I, MEL,Vessel Pollution 2nd LAYER EXCESS(5x6): -Quota Share-50% Lead Aspen,followed by 50% United Fire&Casualty Co -Policy#: OM0109V24 -Policy Term: 03/29/2024, Exp Date: 03/29/2025 -Follow Form -5,000,000 Limit over 1st Layer Excess, GL,Auto, EL, P&I, MEL,Vessel Pollution (TOTAL EXCESS LIMIT AVAILABLE$10,000,000) POLLUTION LIABILITY SAGITTA 25.3(2016/03) 2 of 3 1685 #S45689405/M45168594 DESCRIPTIONS (Continued from Page 1) -Policy#: CPL202668316 -Policy Term: 7/10/2024-2025: -Blanket Additional Insured Including Primary Non Contributory and Completed Ops when required by written contract-CPLO 4038 03 18 -Waiver of Subrogation when required by written contract-ENV 2004 06 18 -General Aggregate-$2,000,000 -Contractors Pollution Occurrence-Each Pollution Condition -$2,000,000 -Each Pollution Condition-Retention$5,000 VESSEL POLLUTION -Policy#: OMH 5608841 -Policy Term: 03/29/2024-03/29/2025: -5,000,000 Limit for Scheduled Vessels -Blanket Additional Insured-GAI 2445. -Blanket Waiver of Subrogation-GAI 2053 PROFESSIONAL LIABILITY -Policy#: DCP7NACYNF4001 -Policy Term: 1/16/2024-2025 -Carrier: Ironshore Specialty Insurance Co, NAIC 25445 -Limit: $1,000,000 Each Claim -Limit: $2,000,000 Aggregate -Retention: $100,000 Each Claim -Waiver of Subrogation included when required by written contract BUILDERS RISK/INLAND MAINE: -Policy#: CIM4113066 -Policy Term: 3/29/2024-2025 -Carrier: Mitsui Sumitomo Ins Co of America, NAIC 22551 -Leased or Rented Equipment from Others Limit: $500,000, Deductible: $10,000, Crane Deductible -Open Reporting Builders Risk Limit: $500,000 -"All Risk"subject to policy terms,exclusions,and conditions. Subject to all of the terms, conditions,exclusions and definitions of the above referenced policies as issued by the carrier(s). Monroe County Board of County Commissioners is included as additional insured with waiver of subrogation on a primary non-contributory basis when required by written contract as outlined above. SAGITTA 25.3(2016/03) 3 of 3 1686 #S45689405/M45168594 This page has been left blank intentionally. 1687 Kevin Madok, cpA ....... Clerk of the Circuit Court& Comptroller—Monroe County, Florida c DATE: MaN, 2-1, 2023 TO: Brfflmi}, Buruicr, Sr. Adiiiiiiislralor Mamie Resources FROM: Pmiiela G. I 1wico(ap.C. SUBJECT: April 19' 13000 Mee6iig Alladie(l is all eleciromc cop),ofillic 1'()Ilo%viiig 11ciii I'()r)-our limidlilig: J10 Cowracl mtli Kearns Coiisirtiction Coiiipmi)' for Remmal, Refloa6iig wid/or Dciiiolilion mid Disposal ofDcrdict Vessels, Floating Structures, mi(I Mamie Debris. Should N'ou Iiai,e wi),questimis please feel iree to corilad me a( (305) 292-3550. CC: Cotiii(N' Auoriic}' Filimice File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plan lion Key,Florida 33070 Plantation Key,Florid ----- 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1688 MONROE COUNT' CONTRACT FOR REMOVAL,REFLOATINGAND/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS,FLOATING STRUCTURES AND MARINE DEBRIS April 1�9th This Contract is made and entered into this _day of i(,x , by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), apolitical subdivision of the State of Florida,whose address is the Marathon Government Center, 2798 Overseas Highway,Marathon, Florida, 33050, and KEARNS CONSTRUCTION COMPANY . ("CONTRACTOR"), whose address is 2550 S. BAYSHORE DR. STE. 206B Article 1.1.0 Representations and Warranties and Term of Contract By executing this Contract, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits, or other authorizations necessary to act as CONTRACTOR for the COUNTY until the CONTRACTOR'S duties hereunder have been fully satisfied. 1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a manner that they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law, codes, and regulations. The CONTRACTOR warrants-that the documents prepared as part of this Contract will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies,therefore eliminating any additional cost due to missing or incorrect information. 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.4 The CONTRACTOR's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of Tasks expressly assigned by the COUNTY. In providing all services pursuant to this Contract,the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Contract and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent contractor and not an employee of the COUNTY.No statement contained in this Contract shall be construed so as to find the CONTRACTOR or any of his/her employees, subcontractors, servants, or agents to be employees of the COUNTY. As an independent contractor the CONTRACTOR shall provide independent,professional 1689 judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting,hiring,promoting, terminating, or any other area affecting employment under this Contract or with the provision of services or goods under this Contract. .1.7 The effective date of this Contract shall be the last day on which this Contract is signed by both of the parties. 1.1.8 Term of Contract. This Contract shall commence on July 1,2023, and terminate on June 30,2026, unless terminated earlier under the terms of this Contract. The COUNTY and CONTRACTOR shall have the option to renew this Contract for one additional 2- year term under the same terms and conditions as this Contract, exercisable by mutual agreement upon written notice given at least thirty (30) days prior to the end of the initial term. The services to be rendered by the CONTRACTOR for each individual Task.Order shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless modified in a signed document, by the mutual consent of the -C-OUNTY and CONTRA-CTOR subsequent services shall-be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR.At no time shall the CONTRACTOR commence work without written authority from the COUNTY. Article 2.0 Scope of Services. The CONTRACTOR shall do, perform, and carry out in a professional and proper manner the Scope of Services described below. SCOPE OF SERVICES Duties consist of retrieval,removal,refloating and/or demolition and disposal of derelict vessels, floating structures and marine debris. Duties may also include W Removal and disposal of non- derelict vessels, as applicable, and Q To cover, remove and/or dismantle off-premises marine signs from vessels or floating structures, and, or to remove and dispose of, or relocate and store off-premises marine signs, or vessels or floating structures with off-premises marine signs, as applicable. This includes proper reclamation and disposal of associated hazardous waste and cooperation with law enforcement where needed to properly preserve evidence using photographs and other methods of preservation as directed by law enforcement. The project will be made up of individual jobs authorized by task order consisting of retrieval, removal, demolition and disposal of a vessel(s), floating structure(s) or marine debris located on the land or in the waters of Monroe County, or adjacent thereto, as requested by the COUNTY. The CONTRACTOR will be responsible for supervision of each job from beginning to end including the scheduling, labor, monitoring, providing necessary equipment and reporting progress to the 1690 County designee in the Marine Resources Office. When a vessel, off-premises marine sign,derelict vessel, floating structure or marine debris is identified,the COUNTY will contact CONTRACTOR(s) in the applicable geographic area and provide the details of the job; details shall include, but not be limited to the location of the job, the nature of the debris, the size of the vessel or floating structure,whether the vessel or floating structure is constructed of wood, fiberglass, concrete,metal, and whether any hazardous materials are known to be aboard. The CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the job, and the time in which the CONTRACTOR is able to respond, a description of the job and the time needed to complete the job. The COUNTY will promptly choose a CONTRACTOR and assign the particular job. In the event of a tie on the low quote, the County may, ffl not accept the quotes received and issue another Invitation for Quotes, or fQ communicate with the respective quote-responding contractors to see if any would allow a tying contractor to be awarded the job.At no time will any CONTRACTOR be authorized to undertake a job without the express authorization of the COUNTY, in the form of a Task Order. In the event of an emergency job, such as a fuel leak or hazard to navigation,the CONTRACTOR will provide a quote via e-mail as soon as possible, and the COUNTY may choose a CONTRACTOR the same day as the pricing request in order to expedite the job. The CONTRACTOR will provide all necessary and adequate equipment to complete the task including vessels, vehicles,personnel and protective equipment. The CONTRACTOR will provide all materials needed to accomplish the assigned job, including necessary equipment for proper handling of hazardous materials and will strictly adhere to all precautionary and safety require—rn�s.-CONTRA CTUR shall-be responsibleTar the job-site-at al if mes during the work. CONTRACTOR is required to have active licenses required to fulfill the requirements of each particular job. The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the marine environment. CONTRACTOR agrees to :immediately abide by the orders to stand down or stop work if advised to do so by any county, state or federal agency. If required to stand down by any state or federal agency the CONTRACTOR shall notify the COUNTY as soon as possible. It is the CONTRACTOR's responsibility to ensure that he removes the correct vessel, floating structure, or marine debris. Prior to any work on the vessel, floating structure or marine debris, the CONTRACTOR shall take representative photographs including the exterior(capturing any unique or identifying features such as registration numbers or name) and interior (if applicable) at the initial site. Representative photographs shall be taken during the removal and again at the dump site prior to demolition. The CONTRACTOR shall not be required to take interior photos of the vessel if, in the best judgment of the CONTRACTOR, it is not safe to do so. Photographs should be properly dated, indicate the name of the person taking the photographs, and a complete set of the photographs shall be provided to the COUNTY with invoicing. Photographs are considered to be an integral part of the work. 1691 CONTRACTOR.shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures.Any drinking of alcoholic beverages before or during the job is strictly prohibited. Violation of safety procedures, :federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will constitute cause for immediate termination of the contract. .1 Correction of Errors, Omissions,Deficiencies. The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR. 2.2 Notice Requirement.All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this Contract shall be in writing and hand delivered or mailed,postage pre-paid,to the COUNTY by certified mail; return receipt requested,to the following: To the COUNTY: Monroe County Board of County Commissioners Marine Resources Office Attn: Senior Administrator® Marine Resources 2798 Overseas Highway, Suite 410 Marathon, FL 33050 For the CONTRACTOR: John W. Kearns, CFO &Administrator Kearns Construction Company 255-0 Si. 8ayshore Dr.-S-fe.20613 Miami, FL 33133 l lowever, if COL NTY requests a price quotation(s) from the CONTRACTOR the request and response thereto may be accomplished by electronic mail ("e-mail"). Selection of the CONTRACTOR by the COUNTY and the terms of the individual job may be accomplished by e-mail notification with a Task Order W authorizing the work to be completed, and Q signed by the COUNTY prior to the commencement of the work. Furthermore, a Notice of Termination may be accomplished by e-mail, but shall be immediately formalized in writing by the party seeking to terminate and sent to the other party by certified mail, return receipt requested. Article 3.0 County's Responsibilities 3.1 The COUNTY shall provide full information regarding requirements for the fulfillment of authorized Task Order(s) issued to the CONTRACTOR,with the understanding that the site conditions to which such information pertain or relate may be subject to change. 3.2 The COUNTY shall designate a representative to act on its behalf with respect to said issued Task Order(s). 1692 3.3 Approve a schedule for the completion of individual Task Order(s)mutually-agreeable to both the CONTRACTOR.and the COUNTY. 3.4 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the work performed or non- conformance with this Contract. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 3.5 The COUNTY's review of any documents prepared by the CONTRACTOR shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. Article 4.0 Authorization of Work Assignments, Subcontractors 4.1 All assignments of work shall be authorized in a signed Task Order in accordance with the COUNTY'S policy prior to any work being conducted by the CONTRACTOR. 4.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Contract. Authorizations shall be dated,numbered and clearly relate to the specific job assignment so that they can easiTy-be te1ated to the specific assignment.Where available,the authorization shall refer to the name of the vessel, and its location. 4.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in. (including,but not without limitations, moneys that may become due or moneys that are due) this Contract without the written consent of the County, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Contract. CONTRACTOR may subcontract a particular Task Order or portion of a Task Order only with the specific written consent of the COUNTY'S representative. If subcontractors are approved it is the responsibility of CONTRACTOR to inform the subcontractors that they must carry the same amount of insurance as the CONTRACTOR. The CONTRACTOR shall provide the COUNTY with proof of coverage before allowing a Subcontractor to do any work on the job. Article 5.0 Indemnification and Hold Harmless .1 The CONTRACTOR covenants and agrees to hold harmless the COUNTY/Monroe County and Monroe County Board of County Commissioners, and its officers and employees, from liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, actions, costs, obligations, and attorney's fees, or liability of any kind LIJ arising out of,related to, or in connection with the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s), and other persons employed or utilized by the 1693 CONTRACTOR in the performance of the CONTRACT, or Q arising out of,related to, or in connection with the willful non.-performance of the CONTRACTOR. The CONTRACTOR.shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of the Contract, including those of any subcontractors. .2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that he/she shall hold the COUNTY harmless and shall indemnify him/her from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 5.3 In the event completion of the work assigned (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the COUNTY or CONTRACTOR,the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall. further defend any claims or action on the COUNTY's behalf. 5.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any derays"or I i—ndrances aftributaWe to the COUNTY,for whatever cause,dluring the progress of any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be entitled to damages for delay 5.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project., and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. 5.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. 5.7 This indemnification shall survive the expiration or early termination of the Contract. Article 6.0 Compensation 6.1 Payments. The compensation available to the CONTRACTOR under this Contract shall be determined by the COUNTY on the basis of price quotations received from approved CONTRACTORS and.the necessities of the individual job(s). The CONTRACTOR is responsible for evaluating the request for removal and responding in writing with a quotation for the job, a description of the job, the amount of time by which the CONTRACTOR can begin the 1694 particular job, and the time necessary to complete that particular job. 6.2 For its assumption and performances of the duties, obligations, and responsibilities set forth herein,the CONTRACTOR shall be paid in accordance with assigned Tasks and completion of Tasks,based on submitted invoices. All invoices must meet Natural Resources Conservation Service ("NRCS") standards and requirements. (A)If the CONTRACTOR's duties, obligations, and responsibilities are materially changed by amendment to this Contract after execution of this Contract, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Contract,the CONTRACTOR shall timely submit proper invoices for services and work properly rendered and reimbursable expenses due hereunder. The CONTRACTOR's invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at which the COUNTY may require. 6.3 It shall be the CONTRACTOR's responsibility to pay any and all disposal fees at a transfer station(s) or other licensed disposal facility or recycling center. In addition to the foregoing invoice requirements, the CONTRACTOR is required to provide the COUNTY with a disposal receipt along with any invoice(s)for associated or otherwise related specified work. 6.4 The Gillmg rats of the-CONTRA-CTOR fora particular job shVl-be determined and mutually agreed upon in writing, by and between the CONTRACTOR and the COUNTY, in a written Task Order prior to COUNTY authorization for the CONTRACTOR to commence the work. .5 Payment Sum. The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance of such work. 6.6 Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act..Any request for payment must be in a form satisfactory to the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as "County Clerk".Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk's disbursal of funds. The request must describe in detail the services performed,the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. 6.7 Reimbursable Expenses. Expenses potentially reimbursable by/from non-County federal and/or state government agencies, incurred by the CONTRACTOR. in the interest of the work include the following expenses: (A)Reimbursable expenses including transportation(excluding airfare), Iodging, meals and incidentals are included in hourly rates shown approved by the COUNTY and CONTRACTOR for each discretely identified position. 1695 (B)Cost of reproducing maps or drawings or other materials used in performing the scope of services. (C)Postage and handling of reports. (D)All other expenses are non-reimbursable. 6.8 Budget. The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Contract in each fiscal year(October 1 ® September 30) by the COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. The COUNTY's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of Contract initiation, and its duration, and its duration and approval of NRCS and receipt of funds by MRCS. Article 7.1.0Insurance 7.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Contract is in effect. In the event the completion of authorized work is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance,the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 7.1.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate this Contract. 7.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 7.1.4 Delays in the commencement of work,resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the insurance required under this Contract, shall not extend deadlines specified in this Contract, and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time. 7.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. 7.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured on the CONTRACTOR's Commercial General Liability and Business Automobile Liability insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 1696 7.1.7 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the insurer. 7.2.0 General Liability Insurance 7.2.1 As a pre-requisite of the work governed, or other goods supplied under this Contract (including the pre-staging of personnel and material), the CONTRACTOR.shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this Contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached schedules. 7.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material)until satisfactory evidence of the insurance required by this Contract has been furnished to the COUNTY as specified herein, and where applicable the CONTRACTOR shall provide proof of insurance for all approved subcontractors. 7.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better,that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60)days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 7.2.4 Prior to the commencement of work governed by this Contract,the CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: (A)Premises Operations (B)Bodily Injury Liability (C)Expanded.Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided,the minimum limits acceptable shall be: (A)$200,000 per Person (B)$300,000 per Occurrence (C)$200,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Contract. In addition, the period for which claims may be reported should extend for a minimum of twelve months (12) following the acceptance of work by the County. 1697 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire term of the Contract and any extensions specified in the attached schedules. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A certified copy of the actual insurance policy. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the CONTRACTOR'S Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In.addition,the CONTRACTOR may be required to submit updated:financial statements from the fund upon request from the County. 7. .0 Vehicle Liability Insurance Requirements 7.3.1 Recognizing that the work governed by this Contract requires the use of vehicles,the CONTRACTOR,prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Owned,Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split Iimits are provided,the minimum limits acceptable shall be: (A)$200,000 per Person (B)$300,000 per Occurrence (C)$200,000 Property Damage The.Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 1698 7. .0 Workers' Compensation Insurance Requirements 7. .1 Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. 7.4.2 In addition,the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: (A)$100,000 Bodily Injury by Accident (B)$500,000 Bodily Injury by Disease,policy limits (C)$100,000 Bodily Injury by Disease, each employee (D)Employer's Liability- Statutory limits 7.4.3 Coverage shall be maintained throughout the entire term of the contract. 7.4.4 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 7.4.5 If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-insurer,the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the CONTRACTOR'S Excess Insurance Program. 7.4.6 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 7.5.0 Jones Act or Watercraft Coverage is Required 7. .1 Recognizing that the work governed by this Agreement involves Maritime Operations, the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. subsection 688) and the United States Longshoremen and Harbor Workers (USL&H)Act(33 USC sections 901-950)with limits not less than $1 million. Watercraft coverage shall also be included with limits not less than $1 million. Pollution Liability Coverage with minimum limits of$1,000,000. The COUNTY shall be named as an additional insured with respect to the CONTRACTOR's liabilities hereunder. 7.5.2 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of the CONTRACTOR if so required by 1699 the COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of insurance for subcontractors. 7. .3 The CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. Article 8. Termination. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service,the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. 8.1 :Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty(30) days written notice of its intention to do so. 8.2 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured,the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum clue the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds tl e funds remaining in tree c-ontract, h wever,the COUNTY resamesthie.right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed $140,000.00. .In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. .3 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR.the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed$140,000.00 8.4 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes,or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 1700 8.5 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4),Florida Statutes, are met. Article 9. Maintenance of Records and Right to Audit. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7-years from the termination of this Contract or for a period of 5 years from the date of submission of the final expenditure report in accordance with 2 CFR§200.333, whichever is greater. Each party to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public records purposes during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or County Clerk determines that monies paid to CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Rightu. 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); backeharge Iogs 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 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 CIerk'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 jab 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 1701 pursuant to Section 55.03, F.S.,running form the date the monies were paid to CONTRACTOR. The right to audit provisions survives the termination of expiration of this Agreement. Article 10.Public Access and Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119,Florida Statutes and Section 24 of Article I of the Florida Constitution. The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters, or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with and in connection with this Contract and related to Contract performance. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the Contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119,0701 and the terms and conditions of this contract,the CONTRACTOR is required to: (l) Keep and maintain public records that would be required by the COUNTY to perform the service. (2y Upon receipt from the COUNTY's custodian of-records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the COUNTY. (4) Upon completion of the Contract,transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Contract,the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY Contract must be made 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. 1702 If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records Contract provisions in accordance with the Contract,notwithstanding the COUNTY's option and right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR shall not transfer custody,release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR S UESTION REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO T14E CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATINGTO THIS CONTRACT, CONTACT THE CUSTODIAN F PUBLIC RECORDS.,BRIAN BRADLEY AT PHONE#30 -2 -3 70 A OEC UNTY-FL.G V, MONROE COUNTY ATTORNEY'ATTORNEY'S OFFICE 1111 12TH Street, SUITE 4,08 KEY WEST,FL 33040. Article I 1A.0 Miscellaneous 11.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its obligations under this Contract, except in writing and with the prior written approval of the COUNTY and consistent with the Contract,which approval shall be subject to such conditions and provisions as the COUNTY may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Contract. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 1.1.2 No Third-Party Beneficiaries.Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 11.1.3 Public Entities Crimes/Convicted Vendor. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed 1703 on the convicted vendor list. By signing this Contract, CONTRACTOR represents that the execution of this Contract will not violate the Public Entity Crimes Act (Section 287.133,Florida Statutes). Violation of this section shall result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR.further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crimes' or s been placed on the convicted vendor list. 11.1.4 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Contract.Any conditions imposed as a result of funding that effect this Project/Scope of Work will be provided to each party. 1.1. on-Discrimination. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2)Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 et sect.), 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 1704 Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability,national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of,this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1.964-1965 Comp.,p. 339), as amended by Executive Order 1.1375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,T C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 21 -The N`1TtACTOR_will, in afi-su&itatiorrs-or-advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, 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. 1705 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon -each subcontractor-or vendor. `Fhe-CONT-RAf-T-OIL will-take-suctr action-with-respect-to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 11.1.6 Code of Ethics. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 11.1.7 No Solicitation/Payment. The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of the provision,the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Contract without liability and, at its discretion, to offset from monies owed, or otherwise recover,the full amount of such fee, 1706 commission,percentage, gift, or consideration. 11.1.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion,terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the full amount of any fee, commission,percentage, gift, or consideration paid to the former COUNTY officer or employee. 11.2.0 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Contract, and that only interest of each is to perform and receive benefits as recited in this Contract. REQUIREMENT TO USE E-VERIFY In accordance with F.S. 448.095, the CONTRACTOR and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system.to verify the work authorization status of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Oontract to likewise-utilizerthe�7-.S. Depurtrrentaf H-omelan-d-Security's E- Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term_ Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The CONTRACTOR shall comply with and be subject to the provisions of F.S. 448.095 11. .1 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix I1 to Part 200, as amended, including but not limited to: 11.2.2 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 11.2.3 Davis-Bacon Act,as Amended ( 0 U.S.C.3141- 1 ). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a. week. If applicable,the COUNTY must place a copy of the current prevailing wage 1707 determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR(s)must also comply with the Copeland"Anti-Kickback"Act(40 U.S.C. 31.45), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation,which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant.Program,Tribal.Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program),the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback"Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of tine-compensation to-which-he--car she-is otherwise-entitled-.The COUNTY-must-report all suspected or reported violations to the Federal awarding agency. (1) CONTRACTOR. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the Contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged 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. 1708 11.2.4 Contract Work Hours and Safety Standards Act( 0 U.S.C. 701-370 ). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. ( ) Violation; liability for unpaid wages; liquidated damages. In the event of any violation ofthe-eIause-set-.forth in-paragraph 2-9 C F.K.- .5.5{b)(1.).the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). ( )Subcontracts. The contractor or subcontractor shall insert in any 1709 subcontracts the clauses set forth in paragraph 29 G.F.R. § 5.5 (b)(1) through(4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4). 11.2.5 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work.under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 11.2.6 Clean Air Act( 2 U.S.C. 7 01-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 15 -137, as Amended). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended(42 U.S.G. §§7401-7671q) and the Federal.Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/FederalAgency 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 W50,000.The-CO-ILTRACT-OR agrees-to include these-r-equi-r-ements-ire each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn,report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 11. .7 Debarment and Suspension (Executive Orders 129 and 1689).A contract award under a"covered transaction" (see 2 CFR 180.220)must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp.,p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at w _,;,,s ,.,goes. 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 G.F.R. §180935). 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 1710 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY,the federal Government may pursue available remedies, including but not limited to suspension and/or debarment.Bidders or Proposers agree to comply with the requirements of 2 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such.compliance in its lower tier covered transactions. 11. .8 Byrd Anti-Lobbying Amendment(31 U.S.C. 2). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. if award exceeds $100,000, the attached certification must be signed and submitted by the CONTRACTOR to the COUNTY. 11. .9 Compliance with Procurement of recovered materials as set forth in 2 C 200. 23. 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 Mud-"m-curi-rg antyitems designated-in-guidelines of the Environmental Protection Agency (EPA)at 40 CF.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, https.//www.epa.govfsmm/comprehensive-procurement-guidelinewcpg program. The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 11.2.10 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR§ 200.216.Recipients and subrecipients and their contractors and 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 1711 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. 1 .2. 1 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 fe-dcral-award-For-purposes-of this section: (1) "Produced in the United States"means, for iron and steel products,that all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 11.3.0 Other Federal Requirements. 1.3.1 Americans with Disabilities Act of 1990 ( ). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 11.3.2 Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the COUNTY that DBEs, 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 Contract. The DBE requirements of applicable federal and state laws and regulations apply to this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Contract. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 1712 applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Contract. 11.3.3 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E®Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR. during the term of the Contract and shall expressly require any subcontractors or subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E®Verify system to verify the employment eligibility of all new employees hired by the subcontractor or subconsultant during the Contract term. 11.3.4 NRCS Regulations.NRCS administers the EWP program through the following authorities: • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and • Section 382,Title I11, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR 624. .3.5 Access toRecords: 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. -C-ontractors/ConsullanTs must 1. cooperate with any"comp4iancu review or corii—p[air� investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 11.3.E DHS Seal,Logo and Flags: CONTRACTOR shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 11. .7 Changes to Contract: The CONTRACTOR understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and CONTRACTOR. 11.3.8 Compliance with Federal Law, Regulations,and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. 1713 11.3.9 No Obligation by Federal Government. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, CONTRACTOR, or any other party pertaining to any matter resulting from the Contract. 11.3.10 Program Fraud and False or Fraudulent Statements or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR's actions pertaining to this Contract. 11. .11 The CONTRACTOR.is bound by any terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management. 1.1.3. 2 Uncontrollable Circumstance, Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion,tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c)war, invasion, hostilities (whether war is declared or not),terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project,(caclr,a'U-neontroflabl-e-Circumstance") C-ONTRAeTOR financial-inability-to- perform, changes in cost or availability of materials, components, or services,market conditions, or supplier actions or contract disputes will not excuse performance by CONTRACTOR.under this Section. CONTRACTOR shall give COUNTY written notice within 7 days of any event or circumstance that is reasonably likely to:result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. CONTRACTOR shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The COUNTY will not pay additional cost as a result of an Uncontrollable Circumstance. The CONTRACTOR may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 11. .13 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement,to the extent allowed and required by law. Article 12. Non-Waiver of Immunity.Notwithstanding the provisions of Section 768.28, Florida Statutes,the participation of the CONTRACTOR.and the COUNTY in this Contract and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local 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. 1714 Article 1 . Privileges and Immunities.All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Contract within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Article 14..Legal Obligations and Responsibilities ®Non-Delegation of Constitutional or Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further,this Contract is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the:Florida Constitution, state statute, and case law. Article 1 . ado Personal Liability.No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. Aftwl"_6 No-w-Relian c by un®P • s No-per hall-beuntitled-to-rely upon-the terms, or any of them, of this Contract to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Contract. Article 17. Governing Law,'Venue, Interpretation, Costs and Fees. This Contract shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Contract, COUNTY and CONTRACTOR agree that venue shall lie in the 16"'Judicial Circuit, Monroe County,Florida, in the appropriate court or before the appropriate administrative body. This Contract shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Article 1 .Attorney's Fees and Costs. The COUNTY and CONTRACTOR.agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Contract,the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award 1715 against the non-prevailing party, and shall include attomey's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Article 1 . Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Contract or by Florida law. This provision does not negate or waive the preceding provisions of this Contract concerning termination or cancellation. Article 20. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Contract, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings,processes, meetings, and other activities related to the substance of this Contract or provision of the services under this Contract. COUNTY and CONTRACTOR specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. Article 21. Severability. If any term, covenant, condition or provision of this Contract(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction,the remaining terms, covenants, conditions and provisions of this Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract shall be valid and shall be enforceable to the fullest -extentpermitted-hy-lawunless the-enforcement-of the remain ing-terms; covenants-,-conditions and provisions of this Contract would prevent the accomplishment of the original intent of this Contract. The COUNTY and CONTRACTOR agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Article 22. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Contract.have been duly authorized by all necessary County and corporate action, as required by law. Article 23.Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their respective legal representatives, successors, and assigns Article 24.Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Contract are 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 1716 rates and other factual unit costs. All such adjustments must be made within one year following the end of the Contract. Article 25. Section Readings. Section headings have been inserted in this Contract as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Contract and will not be used in the interpretation of any provision of this Contract. Article 26. Execution in Counterparts. This Contract may be executed in any number of counterparts,each of which shall be regarded as an original,all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Contract by signing any such counterpart. In Witness Whereof,the parties have executed this contract as indicated below. is • I K,CLERK BOARD 0 INTY CO ISSI ONERS 4 OF MO E '01JNT' I RD 1)0 F' Deputy Clerk Craig G Mayas WrFNESSE . 1. By. Print4/"': 0'tAatLaMVg Print Name: P 6-4 Lf� 2 Tide: 71 Print Name: MONROE COUNTY ATTORNEY Ap. PPV�EID QS_ToFORM STATE OF COUNTY OF_iQin_Mlf' Subscribed and swom to(or affirmed)before me, by means of NKphysical presence or 11 online notarization, an 2. (date) by (name of affiant), He/She is pkrsonafly-knon to me or has produced N A (type of identdicatidn)-agldL-ntification. NOTARY PUBLIC RHEINotary Pubft State of Florida Yusloidy Do La Carided My Commission Expires: Vazquez Suarez My Commatton HH 033N3 1717 Client#: 2006693 KEARNSCO DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 3/31/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bethany Linton USI Insurance Services LLC/CL PHONE FAX 5 Poplar Avenue #1200 MA No,Ext: - (A/c,No): 100 Po p -ADDRESS: Bethany.Linton@usi.com Memphis,TN 38137 INSURER(S)AFFORDING COVERAGE NAIC# 901 766-5990 INSURER A:New York Marine and General Ins Co 16608 INSURED INSURER B:US Specialty Insurance Company 29599 KEARNS CONSTRUCTION COMPANY, INC StarNet Insurance Company 40045 INSURER C: p y 2550 S BAYSHORE DR STE 206B National Indemnity Company 20087 INSURER D: Y P y Coconut Grove, FL 33133 INSURER E Florida DBPR LICENSE#CGC060194 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X ML202300002452 03/29/2023 03/29/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $250,000 X Marine GL MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OP AGG $1,000,000 OTHER: $ MBINED D AUTOMOBILE LIABILITY X X 74APBOO6301 03/29/2023 03/29/202 (CEO, identS INGLE LIMIT 1r 000r 000 acc ANY AUTO BODILY INJURY(Per person) $ OWNED AUTOS ONLY X SCHEDULED AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR X X ML202300002453 03/29/2023 03/29/2024 EACH OCCURRENCE $5 000 000 B EXCESS LIAB CLAIMS-MADE CXS12155033 03/29/2023 03/29/202 AGGREGATE $5 OOO 000 DED X RETENTION$25 OOO $ C WORKERS COMPENSATION X KEY0146941 03/29/2023 03/29/202 X IPER STATUTE X EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A P&I/Hull/MEL X X ML202300002452 03/29/2023 03/29/2024 See Description of Ops DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Certificate Holder is included as Additional Insured where indicated below and as outlined in the policy forms.Additional Insured status is not applicable to Workers' Compensation. As respects Marine General Liability: -" - -Additional Insured -Owners, Lesees or Contractors-w/Completed 3 . 31 . 23 (See Attached Descriptions) DATi CERTIFICATE HOLDER CANCELLATION Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040-0000 AUTHORIZED REPRESENTATIVE r ©1988-2015 ACORD CORPORATION.All rights rese—PH- ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD 1718 #S39617907/M39605057 BXLEP DESCRIPTIONS (Continued from Page 1) Operations -when required by written contract -Additional Insured -State or Governmental Agency or Subdivision or Political Subdivision-Permits or Authorization-when required by written contract -Additional Insured -when required by written contract -Waiver of Subrogation-when required by written contract -Primary Non Contributory -when required by written contract -Diving operations by Named Insured Employees are included up to 45ft -Railroad Protective Liability Extension Clause -Rigger's Legal Liability -30 Day Notice of Cancellation, Except 10 Days for NonPayment As respects Automobile Liability: -Additional Insured -when scheduled only -Waiver of Subrogation-when scheduled only As respects Workers'Compensation: -Statutory and United States Longshore and Harbor Workers' Compensation Act Coverage -Waiver of Subrogation-when required by written contract -30 Day Notice of Cancellation, Except 10 Days for NonPayment As respects Protection&Indemnity&Hull: -Protection &Indemnity-$1,000,000 CSL Per Occurrence -Maritime Employer Liability-$1,000,000 CSL Per Occurrence -Blanket Loss Payee-when required by written contract -Blanket Waiver of Subrogation-when required by written contract -Automatic Vessel/Equipment Acquisition Clauses-OM DS 01 1120 -Bareboat Charter Clause -Non-Owned Vessel -MEL Extension Clause -Jones Act coverage provided. No stated number of Crew Limitation. -30 Day Notice of Cancellation, Except 10 Days for NonPayment As respects Bumbershoot: -Quota Share-50% Lead New York&Marine,followed by 50%Continental -Blanket Additional Insured(Follow Form)-M-413 -Blanket Waiver of Subrogation(Follow Form)-M-513 -30 Day Notice of Cancellation, Except 10 Days for NonPayment Subject to all of the terms, conditions,exclusions and definitions of the above referenced policies as issued by the carrier(s). Monroe County Board of County Commissioners is included as additional insured with waiver of subrogation on a primary non-contributory basis when required by written contract as outlined above. SAGITTA 25.3(2016/03) 2 of 2 1719 #S39617907/M39605057 Client#: 2006693 KEARNSCO DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 3/31/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bethany Linton USI Insurance Services LLC/CL PHONE FAX 5100 Poplar Avenue,#1200E-MAIL No,Ext: - (A/c,No): ADDRESS: Bethany.Linton@usi.com Memphis,TN 38137 INSURER(S)AFFORDING COVERAGE NAIC# 901 766-5990 INSURER A:New York Marine and General Ins Co 16608 INSURED INSURER B:US Specialty Insurance Company 29599 KEARNS CONSTRUCTION COMPANY, INC StarNet Insurance Company 40045 INSURER C: p y 2550 S BAYSHORE DR STE 206B National Indemnity Company 20087 INSURER D: Y P y Coconut Grove, FL 33133 INSURER E Florida DBPR LICENSE#CGC060194 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. ADDLSUBR LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY X X ML202300002452 03/29/2023 03/29/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $250,000 X Marine GL MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OP AGG $1,000,000 OTHER: $ D AUTOMOBILE LIABILITY X X 74APBOO6301 03/29/2023 03/29/202 (CEO,aBc,de INGLE LIMIT n S $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED AUTOS ONLY X SCHEDULED BODILY INJURY(Per accident) $ AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A X UMBRELLA LAB X OCCUR X X ML202300002453 03/29/2023 03/29/2024 EACH OCCURRENCE $5 000 000 B EXCESS LAB CLAIMS-MADE CXS12155033 03/29/2023 03/29/202 AGGREGATE $5 OOO 000 DED X RETENTION$25 000 $ C WORKERS COMPENSATION X KEY0146941 03/29/2023 03/29/202 X STATUTE X EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A P&I/Hull/MEL X X ML202300002452 03/29/2023 03/29/2024 See Description of Ops DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Certificate Holder is included as Additional Insured where indicated below and as outlined in the policy forms.Additional Insured status is not applicable to Workers' Compensation. As respects Marine General Liability: -Additional Insured -Owners, Lesees or Contractors-w/Completed (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Permit Dept ACCORDANCE WITH THE POLICY PROVISIONS. Marathon Government Center 2798 Overseas Hwy, Suite 300 AUTHORIZED REPRESENTATIVE Marathon, FL 33050-0000 /""" �- ©1988-2015 ACORD CORPORATION.All rights rese—PH- ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD 1 720 #S39617908/M39605057 BXLEP DESCRIPTIONS (Continued from Page 1) Operations -when required by written contract -Additional Insured -State or Governmental Agency or Subdivision or Political Subdivision-Permits or Authorization-when required by written contract -Additional Insured -when required by written contract -Waiver of Subrogation-when required by written contract -Primary Non Contributory -when required by written contract -Diving operations by Named Insured Employees are included up to 45ft -Railroad Protective Liability Extension Clause -Rigger's Legal Liability -30 Day Notice of Cancellation, Except 10 Days for NonPayment As respects Automobile Liability: -Additional Insured -when scheduled only -Waiver of Subrogation-when scheduled only As respects Workers'Compensation: -Statutory and United States Longshore and Harbor Workers' Compensation Act Coverage -Waiver of Subrogation-when required by written contract -30 Day Notice of Cancellation, Except 10 Days for NonPayment As respects Protection&Indemnity&Hull: -Protection &Indemnity-$1,000,000 CSL Per Occurrence -Maritime Employer Liability-$1,000,000 CSL Per Occurrence -Blanket Loss Payee-when required by written contract -Blanket Waiver of Subrogation-when required by written contract -Automatic Vessel/Equipment Acquisition Clauses-OM DS 01 1120 -Bareboat Charter Clause -Non-Owned Vessel -MEL Extension Clause -Jones Act coverage provided. No stated number of Crew Limitation. -30 Day Notice of Cancellation, Except 10 Days for NonPayment As respects Bumbershoot: -Quota Share-50% Lead New York&Marine,followed by 50%Continental -Blanket Additional Insured(Follow Form)-M-413 -Blanket Waiver of Subrogation(Follow Form)-M-513 -30 Day Notice of Cancellation, Except 10 Days for NonPayment Subject to all of the terms, conditions,exclusions and definitions of the above referenced policies as issued by the carrier(s). Monroe County is included as additional insured with waiver of subrogation on a primary non-contributory basis when required by written contract as outlined above. SAGITTA 25.3(2016/03) 2 of 2 1721 #S39617908/M39605057 ECTIO THREE: COUNTY FORMS (FORMS TO BE SUBMITTED WITH TABBED INFORMATION- SEE SECTION 1.11) ATTACHMENT A Certification Regarding Debarment or Suspension In compliance with Agreements and grants agreements applicable under the U.S. Federal Awards Program, the following certification is required by all Proposers submitting a proposal in response to this Request for Qualifications: 1. The Proposer certifies, to the best of its knowledge and belief, that neither the Proposer nor its Principals are suspended, debarred, proposed for debarment, or declared ineligible for the award of Agreements from the United States federal government procurement or non-procurement programs, or arc listed in the Excluded Parties List System in the System for Award Management(SAM) issued by the General Services Administration. 2. Principals, for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business_entity_(�.gs_-general__manager, plant manager,_ head of_a subsidiary,_ division, or business segment, and similar positions). 3. The Proposer shall provide immediate written notice to the MCBOCC Director of Purchasing if, at any time prior to award, the Proposer learns that this certification was erroneous when submitted or has become erroneous by reason of other circumstances. 4. This certification is a material representation of fact upon which reliance will be placed when making the award. If it is later determined that the Proposer rendered an erroneous certification, in addition to other remedies available to MCBOCC's Director of Purchasing may terminate the Agreement resulting from this solicitation for default. Printed Name of Representative, John Kearns Signature/Date; 02/22/2023 Company Name: Kearns Construction Company Address: 2550 S Bayshore Dr. Ste 206B City/State/Zip: Miami, FL 33133 SSN or EIN No: 77-0615005 42 1722 ATTACHMENT Condition of Submitting Proposal The undersigned Proposer has carefully examined all instructions, requirements, specifications, terms, and conditions of the RFQ and Agreement and certifies: 1. It is a reputable company regularly engaged in providing goods and/or services necessary to meet the requirements, specifications, terms, and conditions of the RFQ and Agreement. 2. It has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the requirements, specifications, terms, and conditions of the RFQ and the Agreement. Further, if awarded, Proposer agrees to perform the requirements, specifications, terms, and conditions of the RFQ and Agreement. 3. All statements, information, and representations prepared and submitted in response to the RFQ are current, complete, true, and accurate. Proposer acknowledges that Monroe County Board of County Commissioners' (MCBOCC) will rely on such statements, information, and representations in selecting the successful proposer(s). 4. That the prices quoted shall be MCBOCC's pricing for the product and/or services for the time stated in the RFQ. 5. It shall be bound by all statements, representations, warranties, and guarantees made in its Proposal. 6. Proposer acknowledges that the Agreement may be canceled at any time, if any conflict of interest or-appearance ofa conflict-of-i-rteresHs discovered by mCBOC-C-,in-its sole-discretion. 7. All purchase orders must be duly authorized and executed by MCBOCC and subject to the terms and condition of the RFQ and Agreement. By checking this box, Proposer agrees that MCBOCC reserves the right to extend the terms, conditions, and prices of this Agreement to other Institutions (such as State, Local and/or Public MCBOCC) who express an interest in participating in any Agreement that results from this RFQ. Each of the piggyback institutions will issue their own purchasing documents for the goods/ services. Proposer agrees that MCBOCC shall bear no responsibility or liability for any agreements between Proposer and the other Institution(s) who desire to exercise this option. VENDOR LEGAL NAME: Kearns Construction Company AUTHORIZED IGN TU "".. DATE: 02/22/2023 PRINT NAME: John Kearns TITLE: CFO ADDRESS: 2550 S. Bayshore Dr., Suite 206E CITY, STATE, ZIP:Miami, FL 33133 PHONE. EMAIL" JKearns@kearnsconstruction.com 43 1723 ATTACHMENT C LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE �E Kearns Construction Company (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 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." � 'i (Signature) Date: 02/22/2023 STATE OF: Florida COUNTY—OF: Miami-Dade Subscribed and sworn to(or affirmed)before me,by means of®physical presence or❑online notarization, on February 22, 2023 (date)by John Kearns _ _ __._(name of affiant). He/She i ersonally known to in r has produced NIA...................................................................................................................................................(type of identification)as identification. Notary Pubk State of Fkxwa Yusleidy Do La Carid d w Vazquez Suarez My Commission HH 033993 N ARY UBLIC My Commission Expires: Q8/18/2024 44 1724 ATTACHMENT D NON-COLLUSION AFFIDAVIT 1, John Kearns of the city of Miami according to law on my oath, and under penalty of perjury, depose and say that: 1 am Chief Financial Officer of the firm of_ Kearns Construction company the respondent making the Proposal for the project described in the Notice for Calling for bids for: Perform Removal, Refloating and/or Demo&Disposal of DVs, Floating strustue, &Marine Debris and that.1 executed the said proposal with full authority to do so. 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 respondent or with any competitor; Unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent prior to bid opening, directly or indirectly, to any other respondent or to any competitor; and No attempt has been made or will be made by the respondent to induce any other person, pater ne lrlp ar ewpomiarr to submit,or Trot-tu gub-mit rbid fbT-tlTeTurpus-e OfTestriaftrg competition; and The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding Agreements r saidp r ect. „ . 02/22/2023 (Signature of Respondent) (Date) STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to(or affirmed)before one,by means of®physical presence or©online notarization, on February 22,2023 date b ...._ ...... ....... ............ ...................................................................._( ) y John Kearns (name of affiant). He/She is ersonally known to me r has produced NIA {type of identification)as i - OTARY PUBLIC My Commission:Expires: 08/18/2024 ry of FlorMa Yusteidy La a' ad Vazquez Suarez My Commission HH 033893 945 1725 ATTACHMENT E DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Kearns Construction Company (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notifies 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 contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 0 online notarization, on February 22,2023 by John Kearns (name of affiant). H)She is personally known to me or has produced- roduce nua d _ (type of identification)as iden s RMO�oimmission IC�PWr�1� Expires: 0 811 812 0 2 4 m a° ad o33003 46 1726 ATTACHMENT F PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity.,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on Ieases 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,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither John Kearns, KCC (Respondent's name) nor any Affiliate has ...........................................__ been placed on the convicted vendor list within the last 36 months. (Signature) Date: 02/22/2022 STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of is physical presence or ❑ online notarization, on February 22, 2023 (date) by John Kearns - -- ....... (name of affiant). ... ........................ ....._ ........ He/She is personally known to in or has produced NIA (typc of identification)as identification. RpgElof FWda -- OTARY PUBLIC' od08/13/202 033993 My Commission Expires: i 47 1727 ATTACHMENT G Scrutinized l! List VENDOR CERTIFICATION RE,GARDING SCRUTINIZED COMPANIES LISTS Project Deseription(s):perform Removal,Refloating andlor Demo&Disposal of DVs,Floating Structures &Marine Debris Respondent Vendor Name: Kearns Construction Company Vendor FEIN: 77-0615005 Vendor's Authorized Representative Name and Title: John Kearns,CFO Address: 2550 S. Bayshore Dr.,Suite 206E City: Miami State: Florida zip: 33133 Phone Number: 305.46f.0310 Email Address. JKearns@keamsconstruction.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 tTie Iran Petroleum Energy Sector Lists wEich were created pursuant to s.ZF5 473,Flortda 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: John Kearns who is authorized to sign on behalf of the above refer ed c Authorized Signature: g .: Print Name:John Kearns Title: CFO Note: The List are available at the following Department of Management Services Site: http://wwNyAnt5,rnyfLorida.c om/b sines_qpgrqtiotia4,tate ,,purcltasin-vendorinformation/co evicted suspendedm d1.iscriininatoU�.c in laints� vendor lists, APPEND A, 44 . .C.F.R. PART 1 ® CERTIFICATION E A LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements 48 1728 The undersigned certifies,to the best of his or her knowledge and belief,that: I. 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 funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LIJ-, "Disclosure Form to Report Lobbying,"'in accordance with its instructions. 3. 1-he undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all 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 impo-sed-by-section U52,Litle-3-1-,-U.S. Code-Any-person who-fai-Is to tile 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 Kearns Construction Company, 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 Retpedies for False Claims and Statements, apply to this certification and di sc to siftf V,Tlan—yli�' A Signature of Contractors Authorized Official John Kearns, CFO 02/22/2023 .......... ........................ Name and Title of Contractor's Authorized Official Date 49 1729 DISCLOSURE OF LOBBIDTGACMWMS CO&SPUTEMME OEM ic-DINCLOEa lD5BY-WG7!PA,'-Tro=I lPCWU,,X%;T TO E V.R.C.�3-2 1. Tvye of Fede-ral Aodwai� 2. Stitus of Fedeml.-lwdom: I Report IN-pe- &coulmct =a.bid"Offp-rapp:pia nom =1 imilial li gmt b. icarb]au azd b. moatmrtual.ch-Inge C. r0ow,11ive agmemem d, lem For MateriaE Cbmge Onky: L-, lom gummlee yur— paver date of lilt repan 4 Nimme said Addsviss of'Repurfing EmIlty, 6- Eater N am e mA Addram of Prime: Lu if howu CmVessioual Disinxt,Z kmawn Compressium2t DiA& if knawn Fedeu,21 Deparlmob'Apacy: 7. Federal.PrG;.,Tim NimwDescriphimmi: CFDA Num tier,if ap;luble- FedpralAcidanNumber,,iftnewc: 9, Akwwd Amaumt if kmomn'. 11 m, Nam*itud Address off Lobby Embr,F, It. Diftidnals Performing Senixes (�xhdim� qFjrl± ±m:vj "hst mm z.&St mame. aMzes;if dufuml from No. Kzi) Cast amme,Em"t MAME"MIT) (jauxdii(oulmudem Sleei if necEsBan, ,'l 11- Amaumf of PayMpat(fterk aH call apply) 13. Typeutpaymemi ii A that apply) amml D pLinned r-1 3, :"milerF-� b, oime-drm-fee 11. Form.zfPaymeut(cherh all thal applft C Commasdom ZL. Cash d. romfinzamtfilA Elb iD-kMd, PlMe em defemd ra., ,e f otiar,specdy IA. Brief Diescription,of Serilm Polormd at to be peirfavm*d and Dahl afk.nice, offwer(s)�,e loyee(s,"J,,mr,member(s)tostarted,far Panumt Indic ali Lu,Rem 11: (=6 Corlbumbon Shen,!,V�if necii R-R. Caubmidam Sbeet(s)aftichuh Yes [--] No El 1& 6CM ZK"A'tlmi 6-v,,,.sl-ALI fam u =w lzr M,04 1�V S.L%S4cdom 1.35-5. T=-i&z�;,omui d kbbN-lmz Simi aiima am,pLuad Tay Pla.iu zborD 74 4=IL,,=lilvil= W2",nmd?o O's warali imm Thi.1160,=a s map=d Print,I'm* rimmik T'O 11 T;S"C',13:2 Tk.id�:mzrlcm WE biw rnwtgd m-Cc Farms be-i—mabli Ex Jmckniva l.b4 welAwr m a pLml:q of mat. Gi S lC,,XQ zudzcm=emthm 1 10L.WK lar mcl=1 fgl=m lelqbomLelzo.;; Doze: AeboAz ed 563-lAcal Rppr adm.rim FELderal Use 10!!Lv: Sumbid.Farm-LUL 2-6c PART2!CQUN-lY 1730 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 a covered Federal action. Attach a continuation sheet for additional information if the space on the farm is inadequate- Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status ofthe covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code ofthe reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier ofthe subawardee,e-g.,the first subawardee ofthe prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants - 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,ifknown. 6. Enter the name ofthe Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). if known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount ofthe award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the fill name,address,city,state and zip code ofthe lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names ofthe individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity (item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. Ifthis is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. Ifpayment is made through an in-kind contribution,specify the nature and value ofthe in-kind payment. 13, Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Fcderal officials. Identify the Federal officer(s)or employce(s)contacted or the officer(s)employees)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached - 16. The certifying official shal l sign and date the form,print hislhername title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect ofthis collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev,06-04- 90«ENDIFsr 2-6d PART 2/COUNTY 51 1731 Attachment INSURAi CiE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below.The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Marine Genl Liab#ML 97SO064 $2,500 P&I Vessel Liab&Crew#H 0877068 ___-____.__m.______mmm>p&I Deductibles: Outlined below BUPD "Under Business Auto 4BUA6023678054 No Liab Ded " 0 $25,001 - $504 $540,400 mmm_$5,004 Bumbershooti(XS Liab)#ATAA151'8007 No Retention $5aa,a41 -$750,404=$7,540® $750,001 ••$1,500,000 _- 1% Liability policies are X Occurrence Claims Made Crew Deductible: $5,000 Excluding Owner/Operator Each Vessel deemed separately insured. Trinity Inv.Inc b/d/a Trinity Insurance �� 91&6-4-Gloria J.Bravo,Agent 02/10/23 Insurance Agency I TDD—I;RS_STATEIzrfEN I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. John Kearns, CFO t Bidder's,Narno,and"Title Signa:are (-',om any :.Narne; Kearns Construction Company 52 1732 Attachment Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation $1.00,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Employer's Liability- Statutory limits .Jones Act Coverage Recognizing that the work governed by this contract involves Maritime Operations, the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than $1 Million. The CONTRACTOR shall be permitted to provide .tones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. General Liability Coverage shall include, as a minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Minimum limits acceptable shall be: $300,000 Combined Single Limit If split Iimits are provided,the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage Vehicle Liability As a minimum, Iiability coverage for: Owned,Non-Owned and hired Vehicles. The minimum limits acceptable shall be: $300,000 Combined Single Limit If split limits are provided,the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage Water Craft Liability Coverage shall include, as a minimum: Injury (including death)to any Person Damage to Fixed or Movable Objects Contractual Liability with Respect to this Contract The minimum limits acceptable shall be: 53 1733 $500,000 Combined Single Limit(CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. Additional Information The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Respondent or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Respondent or any of its employees, agents, respondents in any tier or other invitees, or (C) Respondent's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or-e-xpenses--arse-from-the-intontional-or sole-negligent--acts or_negligent...-acts-_in-part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than RESPONDENT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance,the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. In the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Respondent is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. 54 1734 lc�....,. .... ._._, . John Kearns 02/22/2023 Respondent Signature Date STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means ofVphysical presence or ❑ online notarization, on February 22, 2023 (date) by John Kearns (name of affiant). He/She is ersona nown to mj or has produced NIA (type of identification) as identification. NMrY� y C a Wda Yuss NOTARY PUBLIC Vazquez Suarez r crxv Mtssron efts 03N93 08118/2024 My Commission Expires: 55 1735 RECIPIENT/SUBRECIPIENT AGREEMENT STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWC Agreement 24025 State Grant Information CSFA Title(s).: Derelict Vessel Removal Grant CSFA No(s). 77.005: State Award No(s).: 24025 State Award Year(s): 2024/2025 State Award Name(s): Monroe County BOCC This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission,whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600,hereafter"Commission"or"FWC," and Monroe County BOCC, 59-6000749,whose address is 2798 Overseas Hwy., Ste. 420, Marathon, FL 33050,the Recipient/Subrecipient,hereinafter"Recipient", collectively, "Parties". INTRODUCTORY CLAUSES WHEREAS, Commission and Recipient intend to partner together to remove derelict vessels from the waters of this State; WHEREAS, such benefits are for the ultimate good of the State of Florida,its resources,wildlife, and public welfare. TERMS OF THE AGREEMENT The Commission and the Recipient, for the considerations stated in this Agreement, agree as follows: Section 1. PROJECT DESCRIPTION. The Recipient shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A,which specifically identifies pro]ect tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment.The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable.If this Agreement is the result of Recipient responses to the Commission's request for competitive or other grant proposals, the Recipient's response is hereby incorporated by reference. Section 2. PERFORMANCE. The Recipient shall perform the activities described in Attachment A in a proper and satisfactory manner.Unless otherwise provided for in Attachment A, any and all equipment,products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Recipient. The Recipient shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Recipient shall be licensed as 1736 FWC Agreement No. 24025 necessary to perform under this Agreement as may be required by law,rule, or regulation; the Recipient shall provide evidence of such compliance to the Commission upon request. The Recipient shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Recipient warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good-faith performance as a responsible Recipient. The Recipient shall immediately notify the Commission's Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement.The Commission shall take appropriate action,including potential termination of this Agreement,in the event the Recipient's ability to perform under this Agreement becomes compromised. Section 3.AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. The Agreement shall be effective upon execution by the last Party to sign and shall remain in effect through 11/19/2024. However, if this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days,provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. For this Agreement, the retroactive start date was not approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Recipient. The Recipient shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this Agreement,preaward costs are not eligible for reimbursement. If necessary,by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. B. Extension. The Commission may extend this Agreement upon agreement of both Parties through an Amendment, provided the funding source permits additional time prior to expiration of funding. Section 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Recipient under the terms of this Agreement, the Commission shall pay the Recipient on a cost reimbursement basis in an amount not to exceed $577,094.00. B. Payments. The Commission shall pay the Recipient for satisfactory performance of the tasks identified in Attachment A as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Grant Manager. Unless otherwise specified in Attachment A, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period.Unless otherwise specified in Attachment A, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 2 of 29 1737 FWC Agreement No. 24025 availability of funds for payment. Further,pursuant to Section 215.971(1)(d), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period. C. Invoices. Each invoice shall include the Commission Agreement Number and the Recipient's Federal Employer Identification (FEID)Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Grant Manager. If submitting hard copies, an original and two (2) copies of the invoice,plus all supporting documentation, shall be submitted.All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Recipient acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match If this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the Recipient is not required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A. E. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Recipient in writing at the earliest possible time if funds are not appropriated or available. F. Non-Competitive Procurement and Rate of Payment. Section 216.3475, F.S.,requires that under non-competitive procurements, a Recipient may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Recipient warrants,by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. G. Cost Reimbursement If the Compensation section indicates this is a cost reimbursement Agreement, the Recipient shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in Attachment A. To be eligible for reimbursement, costs must follow the requirements of Section 215.971, F.S. and must also be in compliance with other laws, rules, and regulations applicable to expenditures of State funds,including,but not limited to, the Reference Guide for State Expenditures. Invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the approved Agreement budget.Additionally, the invoice must evidence the completion of all tasks required to be performed for the deliverable and must show that the Recipient met the minimum performance standards established in the Agreement. The Commission is required to maintain detailed supporting documentation and to make it available for audit purposes. By submission of the payment request, the Commission is Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 3 of 29 1738 FWC Agreement No. 24025 certifying that the detailed documentation to support each item on the itemized invoice is on file at the agency and is available for audit. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for the categories in the approved Agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. The Commission may require more detailed documentation as deemed appropriate to satisfy that the terms of the Agreement have been met. Listed below are types and examples of their supporting documentation: i. Salaries: Timesheets that support the hours worked on the project or activity must be kept.A payroll register or similar documentation should be submitted and maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. ii. Tuition: If the Commission determines tuition, stipends, and/or waivers are allowable costs, the payments must result from obligations incurred during the specified Agreement period. Documentation must be provided to show compliance with 215.971, F.S. Examples include but are not limited to keeping timesheets/time and effort reports/logs that support the hours worked on the pro]ect or activity. If an individual for whom tuition, stipends and/or waivers are being claimed are paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. iii. Fringe Benefits: Supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the Agreement specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. a. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. iv. Travel: To the extent the Commission determines travel is an allowable cost, reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher along with supporting receipts and invoices. V. Other Direct Costs: To the extent the Commission determines other direct costs are allowable, reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). vi. In-House Charges: Charges which may be of an internal nature (e.g.,postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. vii. Indirect Costs: To the extent the Commission determines that indirect costs are allowable, and the Agreement specifies that indirect costs will be paid based on a specified rate, then the calculation should be provided in the Agreement's budget breakdown. Indirect costs must be in the approved Agreement budget and the Recipient must be able to demonstrate that the costs are not duplicated elsewhere as direct costs.All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 4 of 29 1739 FWC Agreement No. 24025 For cost reimbursement Agreements with another State agency (including State universities): In lieu of the detailed documentation described above, alternative documentation may be submitted to substantiate the costs requested to be reimbursed. This alternative documentation may be in the form of FLAIR reports or other reports containing sufficient detail. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S.provides that agencies have five (5) working days to inspect and approve Deliverables,unless Attachment A specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Recipient due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Recipient agrees to enroll in Electronic Funds Transfer(EFT), offered by the State's Chief Financial Officer, within thirty(30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: https://www.myfloridacfo.com/division/aa/vendors. Questions should be directed to the State of Florida's EFT Section at(850) 413-5517. Once enrolled, invoice payments will be made by EFT. J.Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at(850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-2762. Section 5. RETURN OR RECOUPMENT OF FUNDS A. Unobligated Funds. Pursuant to Section 215.971(1)(d)-(e), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period, and any balance of unobligated funds that has been advanced or paid must be refunded to the Commission.Any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission as well. B. Overpayments to Recipient. Pursuant to Section 215.971(1)(f), F.S., any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission. In the event the Recipient or its independent auditor discovers that overpayment has been made, the Recipient shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event the Commission first discovers an overpayment has been made, the Commission will notify the Recipient in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 5 of 29 1740 FWC Agreement No. 24025 should be sent to the Commission's Grant Manager and made payable to the "Florida Fish and Wildlife Conservation Commission." C.Additional Costs or Monetary Loss Resulting from Recipient Non-Compliance. If the Recipient's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Recipient under this Agreement or any other agreement between Recipient and the Commission. In the event the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Recipient and the Commission, the Recipient will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Recipient is unable to repay any cost or loss to the Commission, the Commission shall utilize remedies available by law and may notify the State of Florida, Department of Financial Services, pursuant to Section 17.0415, F.S. Section 6. COMMISSION EXEMPT FROM TAXES,PROPERTY EXEMPT FROM LIEN. A. Commission Exempt from Taxes. The Recipient recognizes that the State of Florida,by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. The Recipient is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors.Any questions regarding this tax exemption should be addressed to the Commission's Grant Manager. B. Property Exempt from Lien. If the Agreement involves the improvement of real property titled to the State of Florida, then the following paragraph applies: The Recipient acknowledges that Property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason. The Recipient shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. Section 7. MONITORING. The Commission's Grant Manager shall actively monitor the Recipient's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in the Requirements of the Federal and Florida Single Audit Acts,Attachment B. Monitoring terms, conditions, and schedules may be included in Attachment A. Section 8. TERMINATION. A. Commission Unilateral Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Recipient with thirty (30) calendar days of written notice of its intent to terminate. The Recipient shall not be entitled to recover any cancellation charges or lost profits. The Recipient may request termination of the Agreement for convenience. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 6 of 29 1741 FWC Agreement No. 24025 B. Termination—Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Recipient with written notice of termination. C. Termination—Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four(24)hours'notice in writing to the Recipient. Said notice shall be delivered by certified mail,return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Recipient will be compensated for any work satisfactorily completed and any non- cancellable obligations properly incurred prior to notification of termination. D. Termination—Other. The Commission may terminate this Contract if the Recipient fails to: 1.) comply with all terms and conditions of this Agreement; 2.)produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory,regulatory, or licensing requirement. The Commission shall give written notice to the Recipient of its intent to terminate the Agreement for cause. In the notice, the Commission shall provide an opportunity for the Recipient to correct the deficiency or provide a corrective action plan to correct the deficiency for the Commission, in its sole determination, to approve or disapprove. If no corrective action plan is submitted and approved, the Recipient shall cure the deficiencies cited by the Commission in its notice within fifteen (15) calendar days of receipt of such notice. If the Recipient does not cure the deficiencies to the Commission's satisfaction within the fifteen (15) calendar days, or within the time proscribed in an approved corrective action plan if one was provided, the Agreement will be terminated for cause.At that time, the Commission will send a second notice to the Recipient noting that this Agreement is being terminated for cause upon receipt of the notice and documenting the reasons this Agreement is being terminated. The Commission reserves the right in its sole discretion, to determine if the Recipient's deficiencies are legally excusable, or to extend the time to cure the deficiencies in writing. The Recipient's damages for termination for cause shall be limited to the cost of work actually performed and approved by the Commission. Section 287.1351, F.S., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. Recipient shall not be entitled to recover any cancellation charges. E. Recipient Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Recipient shall, unless the notice directs otherwise,immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Recipient shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section,property belonging to the Commission shall include,but shall not be limited to, all books and records kept on behalf of the Commission. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 7 of 29 1742 FWC Agreement No. 24025 Section 9. REMEDIES. A. Financial Consequences. In accordance with Sections 215.97l(1)(a) & (b), F.S.,Attachment A contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Recipient fails to produce each deliverable within the time frame specified by Attachment A, the budget amount allocated for that deliverable will be reduced by ten percent(10%) from the Recipient's payment, unless otherwise modified by Attachment A. In addition,pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences as listed below or as identified in Attachment A. i. Temporarily withhold payments pending correction of the deficiency by the Contractor. ii. Reduction of payment if correction of deficiency is not made by the Contractor. iii. Disallow all or part of the cost of the activity or action not in compliance. iv. Wholly or partly suspend or terminate this agreement. V. Withhold future awards for the FWC projects. vi. Take other remedies that may be legally available. B. Cumulative Remedies. The rights and remedies of the Commission during the Agreement period are in addition to any other rights and remedies provided by law or under the Contract. Section 10. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Parry designates a different Grant Manager after the execution of this Agreement,the Parry will provide written notice of the name, address, zip code,telephone, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Parry, to all other Parties as soon as possible,but not later than five (5)business days after the new Grant Manager has been named. Designating a new Grant Manager shall not require a formal Amendment to the Agreement. COMMISSION GRANT MANAGER RECIPIENT GRANT MANAGER CONTACT CONTACT INFORMATION: INFORMATION: Phil Horning Brittany Burtner Derelict Vessel Program Administrator Senior Administrator Fish and Wildlife Conservation Commission Monroe County Board of County Commissioners 620 S. Meridian St. 2798 Overseas Hwy., Ste. 420 Tallahassee, FL 32399-1600 Marathon, FL 33050 (850) 617-9540 (305)289-2805 Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 8 of 29 1743 FWC Agreement No. 24025 Philip.Horning(cr MyFWC.com Burtner-Brittany(�monroecounty-fl.gov Section 11.AMENDMENT. A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time,by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing.Any change which causes an increase or decrease in the Recipient's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulations. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. Section 12. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, Office of Management and Budget(OMB)Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply. A. Intellectual and Other Intangible Property. i. Recipient's Preexisting Intellectual Property(Proprietary) Rights.Unless specifically addressed in Attachment A,intellectual and other intangible property rights to the Recipient's preexisting property will remain with the Recipient. ii. Proceeds Related to Intellectual Property Rights.Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Recipient under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights.Where activities supported by this Agreement produce original writing, sound recordings,pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty-free,nonexclusive,irrevocable right to use, duplicate and disclose such materials in whole or in part,in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so.If this Agreement is supported by Federal funds, the Federal awarding agency reserves a royalty-free,nonexclusive and irrevocable right to reproduce,publish, or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property. This Agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 9 of 29 1744 FWC Agreement No. 24025 i. Federal Funds.Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329, OMB Uniform Guidance (2 CFR 200), as amended. ii. Title.If this Agreement is supported by state funds,the Recipient shall comply with Section 287.05805,F.S. This section requires the Recipient to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A. Title to state-owned real property remains vested in the state. Title to federally owned real property remains vested in the Federal government in accordance with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. iii. Use.Federally owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment A. C. Non-Expendable Property. i. Non-Expendable Property Defined. For the requirements of this section of the Agreement, "non- expendable property"is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non-consumable and non-expendable nature,with a value or cost of$5,000.00 or more, and a normal expected life of one (1)year or more;hardback- covered bound books that are circulated to students or the general public,with a value or cost of $25.00 or more; and uncirculated hardback-covered bound books,with a value or cost of$250.00 or more). ii. Title to Non-Expendable Property.Title (ownership) to all non-expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A. D. Equipment and Supplies i. Title- Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in the non-Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance (2 CFR 200). ii. Title—Supplies. Title to supplies will vest in the non-Federal entity upon acquisition. Unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program are subject to Section 200.314, OMB Uniform Guidance. iii. Use—Equipment.Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as needed. Section 13. RELATIONSHIP OF THE PARTIES. A. Conflict of Interest. The Recipient covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Recipient and the Commission. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 10 of 29 1745 FWC Agreement No. 24025 B. Recipient Training Qualifications. The Recipient agrees that all Recipient employees, subrecipients, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications.Upon request, Recipient shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subrecipients, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Recipient shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Recipient. The Commission may refuse access to, or require replacement of, any personnel for cause, including,but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve Recipient of its obligation to perform all work in compliance with the Agreement. The Commission,in coordination with the Recipient, may reject and bar from any facility for cause any of Recipient's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Recipient agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Recipient. E. Commission Rights to Undertake or Award Supplemental Contracts. The Recipient agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Recipient and its subcontractors shall cooperate with such other Recipients and the Commission in all such cases. Section 14. SUBCONTRACTS. The Recipient is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. A. Authority. The Recipient shall ensure, and provide assurances to the Commission upon request, that any subrecipient or subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Agreement. The Recipient must provide the Commission with the names of any subrecipient or subcontractor considered for work under this Agreement; the Commission reserves the right to reject any subrecipient or subcontractor. The Recipient agrees to be responsible for all work performed and all expenses incurred with the project.Any subrecipient or subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Recipient further agrees that the Commission shall not be liable to any subrecipient or subcontractor for any expenses or liabilities incurred under the subrecipient agreement or subcontract. The Recipient, at its expense,will defend the Commission against such claims. The following provisions apply in addition to any terms and conditions included in Attachment A. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page ll of 29 1746 FWC Agreement No. 24025 B. Recipient Payments to Subcontractor or Subrecipient. If subcontracting is permitted pursuant to Paragraph A, above, Recipient agrees to make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the Commission in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the Recipient and subcontractor. Recipient's failure to pay its subcontractors within seven (7)working days will result in a penalty charged against the Recipient and paid to the subcontractor in the amount of one-half of one percent(0.50%) of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent(15%) of the outstanding balance due. If entering a subrecipient agreement is permitted pursuant to Paragraph A above, Recipient agrees to make payments to the subrecipient for satisfactory performance of the tasks/deliverables identified in the subrecipient agreement. Recipient shall pay subrecipient following the same procedures described in paragraph 4 of this Agreement upon submission of invoices for allowable expenses, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Recipient. C. Commission Right to Reject Subrecipient or Subcontractor Employees. The Commission shall retain the right to reject any of the Recipient's, subrecipient's or subcontractor's employees working or anticipated to work on this project,whose qualifications or performance,in the Commission's judgment, are insufficient. D. Subcontractor and Subrecipient Conflict of Interest. If subcontracting or entering a subrecipient agreement is permitted pursuant to Paragraph A above, the Recipient agrees to take such actions as may be necessary to ensure that each subcontractor or subrecipient covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Recipient, as applicable subrecipient or subcontractor, and the Commission. Section 15. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award. A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S. Recipient shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform Guidance (2 CFR 200). Recipient must disclose,in writing, any potential conflict of interest to the Commission in accordance with applicable Federal awarding agency policy. B. Convicted Vendors. The Recipient hereby certifies that neither it, nor any person or affiliate of Recipient, has been convicted of a Public Entity Crime as defined in section 287.133, F.S.,nor placed on the convicted vendor list. Recipient shall have a continuing obligation to disclose, to the Commission, in writing,if it, its principals,recipient, Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 12 of 29 1747 FWC Agreement No. 24025 subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to Section 287.133(3)(d), F.S. i. Convicted Vendor List.Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a Recipient, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S., for Category Two for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: https://www.dms.myflorida.com/business—operations/state purchasing/state agency resources/ven dor registration—and—vendor—lists ii. Notice of Conviction of Public Entity Crime.Any person must notify the Department of Management Services and the Commission,in writing,within thirty(30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133,F.S. iii. Vendors on Scrutinized Companies List. The Recipient certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, the Recipient agrees to observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S.,the Commission may immediately terminate this Agreement for cause if the Recipient,its affiliates, or its subcontractors are found to have submitted a false certification; or if the Recipient,its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement.As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. C. Discriminatory Vendors. The Recipient shall disclose to the Commission, in writing,if they, their subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid,proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S. Recipient has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. D. Prompt Disclosure of Litigation,Investigations,Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Recipient has a continuing duty to promptly disclose to the Commission's Grant Manager, in writing,upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings)relating to or affecting the Recipient's ability to perform under this Agreement. If the existence of such Proceeding causes the Commission concern that the Recipient's ability or willingness to perform the Agreement is jeopardized, the Recipient may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Recipient will be able to Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 13 of 29 1748 FWC Agreement No. 24025 perform the Agreement in accordance with its terms and conditions; and,b.) Recipient and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. E. Certain Violations of Federal Criminal Law. If this Agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Recipient must disclose, in a timely manner,in writing to the Commission all violations of Federal criminal law involving fraud,bribery, or gratuity violations potentially affecting the Federal award. Section 16. INSURANCE. If the Recipient is a state or federal agency with self-insurance, Recipient warrants and represents that it is insured, or self-insured for liability insurance,in accordance with applicable state or federal law and that such insurance or self-insurance offers protection applicable to the Recipient's officers, employees, servants and agents while acting within the scope of their employment with the Recipient. If the Recipient is not a state or federal agency with self-insurance, then the following applies: A. Reasonably Associated Insurance. During the term of the Agreement, the Recipient, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the Agreement. Providing and maintaining adequate insurance coverage is a material obligation of the Recipient, and failure to maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by the Recipient shall not be interpreted as limiting the Recipient's liability and obligations under the Agreement.All insurance policies shall be through insurers licensed and authorized to write policies in Florida. B. Workers Compensation. To the extent required by Chapter 440, F.S., the Recipient will either be self-insured for Worker's Compensation claims or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project, with minimum employers' liability limits of$100,000.00 per accident, $100,000.00 per person, and $500,000.00 policy aggregate. Such policy shall cover all employees engaged in any contract work. If any work is subcontracted, the Recipient shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Recipient. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law (Chapter 440, ES.). In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Recipient shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Recipient, for the protection of its employees not otherwise protected. Employers who have employees who are engaged in work in Florida must use Florida rates,rules, and classifications for those employees. C. General Liability Insurance. By execution of this Agreement, unless Recipient is a state agency or subdivision as defined by Subsection 768.28(2), F.S. or unless otherwise provided for in Attachment A, the Recipient shall provide reasonable and adequate commercial general liability insurance coverage and hold such liability insurance at all times Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 14 of 29 1749 FWC Agreement No. 24025 during the Agreement.A self-insurance program established and operating under the laws of the State of Florida may provide such coverage. D. Insurance Required for Performance. During the Agreement term, the Recipient shall maintain any other types and forms of insurance required for the performance of this Agreement as required in Attachment A. E. Written Verification of Insurance. Upon execution of this Agreement, the Recipient shall provide the Commission written verification of the existence and amount for each type of applicable insurance coverage.Within thirty (30) days of the effective date of the Agreement, Recipient shall furnish proof of applicable insurance coverage to the Commission's Grant Manager by standard Association for Cooperative Operations Research and Development(ACORD) form certificates of insurance. In the event that any applicable coverage is cancelled by the insurer for any reason, Recipient shall immediately notify the Commission's Grant Manager in writing of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within fifteen (15)business days after the cancellation of coverage. F. Commission Not Responsible for Insurance Deductible. The Commission shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of Recipient providing such insurance. Section 17. SPONSORSHIP. As required by Section 286.25, F.S.,if the Recipient is a nongovernmental organization which sponsors a program financed wholly or in part by state funds,including any funds obtained through this Agreement,it shall,in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by(Recipient's name) and the State of Florida, Fish and Wildlife Conservation Commission."If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Recipient's organization.Additional sponsorship requirements may be specified in Attachment A. Section 18. PUBLIC RECORDS. A. All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This Agreement may be unilaterally canceled by the Commission for refusal by the Recipient to allow public access to all documents,papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Recipient in conjunction with this Agreement,unless exemption for such records is allowable under Florida law. C. If the Recipient meets the definition of"Contractor"in Section 119.0701(1)(a)F.S., the Recipient shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 15 of 29 1750 FWC Agreement No. 24025 THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850-488-6553, RecordsCustodianf y we.e , and 620 South Meridian Street, Tallahassee FL 32399 ii. Keep and maintain public records required by the Commission to perform the service. in. Upon request from the Commission's custodian of public records,provide the Commission 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 Chapter 119, F.S. or as otherwise provided by law. iv. 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 Commission. v. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission 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 Commission,upon request from the Commission's custodian of public records,in a format that is compatible with the information technology systems of the Commission. Section 19. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Recipient, and any subcontractor to the Recipient,understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit,inspection,review, or hearing.Upon request of the Inspector General or any other authorized State official, the Recipient shall provide any type of information the Inspector General deems relevant to the Recipient's integrity or responsibility. Such information may include,but shall not be limited to,the Recipient's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Recipient agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Recipient's compliance with the terms of this or any other agreement between the Recipient and the State which results in the suspension or debarment of the Recipient. Such costs shall include but not be limited to salaries of investigators,including overtime; travel and lodging expenses; and expert witness and documentary fees. Section 20. SECURITY AND CONFIDENTIALITY. The Recipient shall maintain the security of any information created under this Agreement that is identified or defined as "confidential"in Attachment A.The Recipient shall not divulge to third Parties any confidential information obtained by the Recipient or its agents, distributors,resellers, subcontractors, officers or employees in Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 16 of 29 1751 FWC Agreement No. 24025 the course of performing Agreement work. To ensure confidentiality,the Recipient shall take appropriate steps regarding its personnel, agents, and subcontractors.The warranties of this paragraph shall survive the Agreement. Section 21. RECORD KEEPING REQUIREMENTS. A. Recipient Responsibilities. The Recipient shall maintain accurate books,records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Contractor Books,Documents,Papers, and Records. The Recipient shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Recipient's books, documents,papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions.. C. Recipient Records Retention. Unless otherwise specified in Attachment A, these records shall be maintained for five (5) fiscal years following the close of this Contract, or the period required for this particular type of pro]ect by the General Records Schedules maintained by the Florida Department of State (https://dos.myflorida.com/library_ archives/re cord s-management/general-re cords-schedul es/), whichever is longer. Recipient shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Recipient Responsibility to Include Records Requirements—Subcontractors. In the event any work is subcontracted under this Agreement, the Recipient shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act(FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures)be made available to the public via a single, searchable website: www.USASpendinLY.Yov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010, are subject to the FFATA. The Recipient agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. Section 22. FEDERAL AND FLORIDA SINGLE AUDIT ACT(FSAA)REQUIREMENTS. Pursuant to the FSAA(or Federal)Vendor/Recipient Determination Checklist, the Recipient has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award.Therefore,pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Recipient may be subject to the audit Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 17 of 29 1752 FWC Agreement No. 24025 requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Recipient shall comply with the audit requirements outlined in Attachment B, attached hereto and made a part of the Agreement, as applicable. Section 23. FEDERAL COMPLIANCE. As applicable, Recipient shall comply with all federal laws,rules, and regulations,including but not limited to: A. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or requirements issued under the Clean Air Act(42 U.S.C. 7401-7671q), and the Water Pollution Control Act(33 U.S.C. 1251-1387, as amended). B. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants have been illegally taken,possessed, transported or sold. C. Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. D. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill,possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. E. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a"taking"of any listed species of endangered fish or wildlife.Also, generally prohibited are the import, export,interstate, and foreign commerce of listed species. Section 24. FEDERAL FUNDS. No Federal Funds are applied to this Agreement, therefore,the following terms and conditions do not apply. A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Recipient is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the awarding federal agency. B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60-1.4). 41 CFR Part 60-1.4 is hereby incorporated by reference. C. Davis-Bacon Act. Unless exempt, the Davis-Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5, is applicable to contractors and subcontractors performing on federally Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 18 of 29 1753 FWC Agreement No. 24025 funded or assisted contracts in excess of$2,000.00 for the construction, alteration, or repair(including painting and decorating) of public buildings or public works. Under this Act, contractors and subcontractors must pay their laborers and mechanics employed under the Agreement no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. Davis-Bacon Act does not apply if federal funding is solely provided by the American Rescue Plan Act(ARPA). D. Copeland"Anti-Kickback Act". i. Recipient.The Recipient shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable,which are incorporated by reference into this Agreement. ii. Subcontracts.The Recipient or subrecipient/subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subrecipients/subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subrecipient/subcontractor or lower tier subrecipient/subcontractor with all these contract clauses. iii. Breach.A breach of the Agreement clauses above may be grounds for termination of the Agreement, and for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12. E. Contract Work Hours and Safety Standards Act 29 CFR 5.5(b) Contract Work Hours and Safety Standards Act is hereby incorporated by reference. F. Rights to Inventions If this Agreement is supported by federal funds and meets the definition of"funding agreement"under 37 CFR Part 401.2(a) then the Recipient must comply with all requirements of 37 CFR Part 401. G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871) applies. H. Debarment and Suspension Recipient Federal Certification i. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000.As such,the Recipient is required to verify that none of the Recipient's principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded(defined at 2 CFR § 180.940) or disqualified(defined at 2 CFR § 180.935). ii. The Recipient must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by Recipient/Subrecipient. If it is later determined that the Recipient did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C,in addition to remedies available to Recipient/Subrecipient,the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 19 of 29 1754 FWC Agreement No. 24025 iv. The Recipient agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any Agreement that may arise from this offer. The Recipient further agrees to include a provision requiring such compliance in its lower tier covered transactions. I. Byrd Anti-Lobbying Amendment Recipients awarded $100,000 or more in Federal funds shall file the required certification. Recipients shall file the required certification with the Commission's Grant Manager five (5)business days after Agreement execution. 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 USC Part 1352. Each tier shall 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 Commission. J. Procurement of Recovered Materials i. In the performance of this Agreement, the Recipient shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired a. Competitively within a timeframe providing for compliance with the Agreement performance schedule; b. Meeting Agreement performance requirements; or c. At a reasonable price. ii. Information about this requirement, along with the list of EPA-designated items,is available at EPA's Comprehensive Procurement Guidelines. iii. The Recipient also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. K. Domestic Preference for Procurements i. As appropriate and to the extent consistent with law,the Recipient should, to the greatest extent practicable under a Federal award,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). The requirements of this section must be included in all subcontracts including all contracts for work or products under this Agreement. ii. For purposes of this section: a. "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. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 20 of 29 1755 FWC Agreement No. 24025 b. "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. L. Compliance with Office of Management and Budget Circulars. As applicable, Recipient shall comply with the following Office of Management and Budget(OMB) Uniform Guidance (2 CFR 200). M. Drug Free Workplace. Pursuant to the Drug-Free Workplace Act of 1988, the Recipient attests and certifies that the Recipient will provide a drug-free workplace compliant with 41 U.S.C. 81. N. American Rescue Plan Act(ARPA) of 2021. If this Agreement relies on ARPA federal funds, then the following shall apply: i. Recipients shall provide their Unique Entity Identifier(UEI) and any other financial information requested in the sam. financial registration process to the Commission prior to Agreement execution. ii. Public Law 117-2,American Rescue Plan Act of 2021, Title XI-Committee of Finance Subtitle M; Section 9901. iii. Coronavirus State Fiscal Recovery Fund(SFRF) (31 CFR Part 35). iv. Office of Management and Budget(OMB) Uniform Guidance (2 CFR 200). V. US Department of Treasury, Compliance and Reporting Guidance State and Local Recovery Funds, as amended. O. Build America,Buy America (BABA) provision of the Infrastructure Investment and Jobs Act (IIJA) of 2021. (117 P.L. 58). If federal funds are awarded to be used in this Agreement for any project involving construction, alteration, maintenance, or repair of infrastructure in the United States, and if the project involves infrastructure as defined by §70912(5) of BABA, which includes,but is not limited to roads, highways, and bridges;public transportation; dams,ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems,including drinking water and wastewater systems; electrical transmission facilities and systems; utilities;broadband infrastructure; and buildings and real property; then: i. All iron and steel, manufactured products, and construction materials used in the project must be produced in the United States. ii. The BABA provision applies to all articles, materials, and supplies consumed in,incorporated into, or affixed to an infrastructure project for federal awards on or after May 14, 2022. iii. All subcontractors, successors, or assignees to this Agreement will be held to the same requirements as the original Parties to this Agreement. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 21 of 29 1756 FWC Agreement No. 24025 iv. The BABA provision does not apply to tools, equipment, and supplies brought to the construction site and removed at or before completion of the infrastructure project.Nor does the BABA provision apply to equipment and furnishings used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. P. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure, obtain, extend or renew an agreement that utilizes 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. Section 25.AGREEMENT-RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S.,if a product or service required for the performance of this Contract is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2) and(4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law.Additional information about PRIDE and the products it offers is available at http://www.pride-enterprises.org. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S.,in the same manner and under the same procedures set Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 22 of 29 1757 FWC Agreement No. 24025 forth in Subsections 413.036(1) and(2), F.S.; and for purposes of this contract, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.resi)ectofflorida.org. C. Procurement of Recycled Products or Materials. Contractor agrees to procure any recycled products or materials which are the subject of or are required to carry out this Contract in accordance with Section 403.7065, F.S. Section 26. INDEMNIFICATION. If the Recipient is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., or as a governmental entity as defined in Subsection 287.012(14),F.S.,neither Party indemnifies nor insures the other Party for the other Party's negligence. Recipient is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that parry,its officers, employees,volunteers and agents.Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida,nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28,F.S., as amended. If Recipient is not a state agency or subdivision as defined above, Recipient shall be fully liable for the actions of its agents, employees,partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description,including attorneys'fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Recipient,its agents, employees,partners, or subcontractors,provided,however,that Recipient shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. The Commission reserves the right to select its counsel. Section 27. NON-DISCRIMINATION. No person, on the grounds of race, color,religion, gender,pregnancy,national origin, age,handicap, or marital status, shall be excluded from participation in,be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. Section 28. MEDIATION. In the event of any claim or dispute arising by or between the Commission and the Recipient, each party shall continue to perform as required under the Agreement,notwithstanding the existence of such claim or dispute,it being acknowledged that time is of the essence. This provision includes,but is not limited to, the obligation to continue to perform under the Agreement notwithstanding disputes as to amounts due for payment hereunder. Except for any claim, dispute, or matter in question that has been waived by the acceptance of final payment,or that is otherwise barred by the applicable statute of limitations or other provision of law, any claim,dispute, or other matter in question arising out of, or relating to, the Work or the Agreement or the breach thereof, shall be first submitted to non-binding mediation by a single mediator in Tallahassee, Florida The party making a claim or dispute shall notify the other in writing of its claim or dispute within ten working days of the event giving rise to the claim or dispute. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 23 of 29 1758 FWC Agreement No. 24025 i. Such notice shall give the other party ten working days from receipt of the notice to respond in writing. ii. If the party initiating such notice is not satisfied with the response, then it shall invoke this clause initiating non-binding mediation by sending a demand for mediation in writing to the other party within seven(7) days. iii. The Parties have two weeks after notice to agree in writing upon a mediator. iv. If the Parties cannot agree upon a Florida Supreme Court certified mediator, then the Parties shall request the Chief Judge of the Second Judicial Circuit in Leon County, Florida, to appoint a Florida Supreme Court certified mediator. a. The mediator's fees shall be born equally by the Parties involved in the mediation and shall pay all of its own attorneys'fees and expenses related to the mediation unless otherwise agreed. b. Unless otherwise agreed by the Parties in writing, such mediation shall take place within forty- five (45) days of the appointment of, or agreement to, the mediator if the mediator's schedule so allows. c. The terms of this Agreement and any dispute relating thereto will be governed by the laws of the State of Florida, any litigation will be brought in the state or federal court in and for Tallahassee, Florida, and you agree to submit to the exclusive jurisdiction of the state and federal courts located in and for the Leon County, State of Florida. d. All Parties agree to negotiate in good faith in an effort to settle any dispute. All Parties shall have a representative present at mediation with the authority to settle the case. V. Any resolution achieved at mediation shall be set forth in a written settlement agreement. vi. The Recipient shall require all the dispute resolution provisions and requirements set out in this Section in each contract it makes with any Subcontractor, material supplier, equipment supplier, or fabricator. vii. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations, or otherwise. Unless otherwise agreed in writing, the Recipient shall carry on the Work and maintain its performance of this Agreement during any claim, dispute, or mediation. If any matter sought to be mediated by the Commission or the Recipient involves a claim or other matter by or against the Consultant, any Subcontractor, any Separate Contractor, or any other third party, or any such entity is reasonably necessary to be joined in the mediation to permit a full and complete disposition of the dispute submitted hereunder, then the Consultant, Subcontractor, Separate Contractor or third party shall be joined by personal service of the notice demanding mediation. Such termination of the mediation shall not preclude any parry from commencing any judicial proceeding in a court of competent jurisdiction in Leon County, Florida,providing the claims sought to be decided are not otherwise barred. Any demand for mediation and any answer to such demand must contain a written statement of each claim alleged and the dollar amount in controversy sought in each claim. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 24 of 29 1759 FWC Agreement No. 24025 Should mediation fail to resolve the claim submitted, the Parties may then proceed to seek applicable remedies at law. The agreement to mediate set forth in this Section shall apply to, and become part of, any Subcontract, any contract into which these General Conditions are incorporated by reference or otherwise, and the Parties to such contract shall mediate all disputes arising out of, or in any way relating to, that contract or the Project in accordance with the provisions of this Section. Section 29. SEVERABILITY,CHOICE OF LAW,AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida. Florida law governs this Agreement, all agreements arising under or out of this Agreement, and any legal action or other proceeding of any kind designed to resolve a dispute that arises out of or relates to this Agreement.Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If a court or other tribunal finds any provision of this Agreement unenforceable as written, the unenforceable provision(s) shall be ineffective to the extent of such prohibition or invalidity,without invalidating the remainder of such provision and the remaining provisions of this Agreement. The Parties have selected the Second Judicial Circuit in Leon County, Florida, as the mandatory and exclusive forum for resolving any dispute,in law or equity, that arises out of or relates to the Parties'transactions. By signing this Agreement, Recipient affirms that Recipient considers the Second Judicial Circuit to be a fair and convenient forum for any legal action or other proceeding of any kind designed to resolve such a dispute.The Recipient will not initiate in any other forum a legal action or other proceeding to which this provision applies. Section 30. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any parry against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement,or with the products or services provided under this Agreement,including but not limited to any claim by the Recipient of quantum meruit. Section 31. NO THIRD-PARTY RIGHTS. The Parties hereto do not intend,nor shall this Agreement be construed, to grant any rights,privileges or interest to any person not a party to this Agreement. Section 32. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236,the Commission shall consider the employment by the Recipient of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Recipient knowingly employs unauthorized aliens. Section 33. EMPLOYMENT ELIGIBILITY VERIFICATION(E-VERIFY). A. Requirement to Use E-Verify. Section 448.095(2) Florida Statute requires the Contractor to: 1.) 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 Contract term; and 2.) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 25 of 29 1760 FWC Agreement No. 24025 system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E-Verify Online. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. The Department of Homeland Security's E-Verify system can be found online at https://www.e-verify_ ov. C. Enrollment in E-Verify. As a condition precedent to entering a Contract with the Commission, Contractors and Subcontractors shall register with and use the E-Verify system. Failure to do so shall result in the Contract not being issued, or if discovered after issuance, termination of the Contract. D. E-Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Contractor's enrollment in the program. This includes maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E-Verify Program. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. E. Employment Eligibility Verification & Compliance. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Contract and the Commission may treat a failure to comply as a material breach of the Agreement. If the Commission terminates the Contract pursuant to Section 448.095(2)(c) Florida Statute, the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated and the Contractor is liable for any additional costs incurred by The Commission as a result of the termination of this Contract. Section 34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control,or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However,in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Recipient believes is excusable under this paragraph, Recipient shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1)within ten(10) calendar days after the cause that creates or will create the delay first arose,if Recipient could reasonably foresee that a delay could occur as a result; or(2)within five (5) calendar days after the date Recipient first had reason to believe that a delay could result,if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE THE RECIPIENT'S SOLE REMEDY OR EXCUSE WITH Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 26 of 29 1761 FWC Agreement No. 24025 RESPECT TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission,in its sole discretion,will determine if the delay is excusable under this paragraph and will notify Recipient of its decision in writing.No claim for damages, other than for an extension of time, shall be asserted against the Commission. Recipient shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct,indirect, consequential,impact, or other costs, expenses or damages,including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference,or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Recipient shall perform at no increased cost,unless the Commission determines,in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State,in which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Recipient,provided that Recipient grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2)purchase from other sources (without recourse to and by Recipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity; or(3) terminate the Agreement in whole or in part. Section 35. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement.Any additional deadlines for performance for Recipient's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in Attachment A. Section 36. REPORTING REQUIREMENTS CONCERNING EXECUTIVE ORDER 20-44. This term does not apply to governmental entities. If this Agreement is a sole-source,public-private agreement or if the Recipient,through this Agreement with the State, annually receives 50% or more of their budget from the State or from a combination of State and Federal funds,the Recipient shall provide an annual report(Executive Order 20-44 Attestation Form,Attachment C), including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams.Total compensation shall include salary,bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation,real-property gifts, and any other payout. The Recipient must also inform the Commission's Grant Manager of any changes in total executive compensation between the annual reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Recipient. Section 37. MEDIA REQUESTS. Recipients shall refer all requests by the media or public relations personnel to the Commission's Grant Manager. Recipients must submit a written request for permission before consulting with the media and the Commission will provide consultation and talking points.Recipients will not issue news releases,respond to questions, or make statements on behalf of the Commission or its partners without prior direction and the Commission's written approval.Production and filming requests related to this Agreement shall be processed through the Commission only. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 27 of 29 1762 FWC Agreement No. 24025 Section 38. USE OF SMALL UNMANNED AIRCRAFT SYSTEMS Unless superseded or otherwise further described in Attachments A,if the Recipient intends to use a small unmanned aircraft system (sUAS) at any time throughout the duration of the Agreement, the Recipient shall request approval from the Commission,in writing,prior to use.Upon request by the Commission, the Recipient shall provide all required documentation, such as license or certification, flight plans, and registrations. The Commission will notify the Recipient in writing of the approval or rejection of the request.If approved, the Recipient will be provided with the Commission's policies, and is responsible and liable for adhering to any and all rules and regulations,including the Commissions policies, applicable to operating sUAS. Section 39. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties.Any alterations,variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto,unless otherwise provided herein. In the event of conflict,the following order of precedence shall prevail: this Agreement and its attachments,the terms of the solicitation and the Recipient's response to the solicitation. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 28 of 29 1763 FWC Agreement No.24025 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. RECIPIENT EXECUTION SIGNATURE COMMISSION EXECUTION SIGNATURE Monroe County Board of County Commissioners Florida Fish and Wildlife Conservation Commission Digitally signed by Kevin Wilson Colonel Brian G. Digitally signed by Colonel Brian G. Kevin W i I so n Date:2024.06.13 15:10:54 Smith -04'00' Smith Date:2024.06.17 10:45:55-04'00' Recipient Signature Executive Director(or Designee) Signature Kevin Wilson Brian G. Smith Print Name Print Name Acting County Administrator Director, DLE Title Title June 13, 2024 June 17, 2024 Date Date APB QED ST ORMI ATTACHMENTS Dale: Attachments in this Agreement include the following: • Attachment A, Scope of Work • Attachment B, Requirements of the Federal and Florida Single Audit Acts • Attachment C, Derelict Vessel Removal Best Management Practices • Attachment D, Letter of Return on Investment for the State • Attachment E, Sample Invoice Form • Attachment F, Monthly Progress Report • Attachment G, Certificate of Completion • Attachment H, Grantee's Required Documentation Submission List • Attachment I, DV Grant Monitoring Guidelines Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 29 of 29 1764 ATTACEENONT A SCOPE OF WORK FWC Contract No. #24025 Section 1. PURPOSE OR PROJECT WORKPLAN A. Description of Good/Service Monroe County BOCC will remove and dispose of 30 derelict vessels from the public waters of the state within the jurisdiction of the Monroe County BOCC. B. Background The removal and disposal of these derelict vessels will improve boating safety by removing hazards to navigation. This project will also help to restore sensitive marine resources and improve water quality. C. Support of Commission Mission/Return on Investmaent The Commission's mission is to conserve fish and wildlife resources for their long-term well-being and the benefit of people. This includes preservation of habitat and the environment. The waters of the State, like Florida's fish and wildlife, belong to the people of Florida, and the FWC is entrusted by the people of Florida to take care of these resources. Removing derelict vessels from the waters of the State maintains water quality both for Florida's fish and wildlife resources and a diverse, growing population of people using the waterways. Section 2. TERMINOLOGY/ACRONYMS None Section 3. DELIVERABLES 1. DELIVERABLE#1 Removal and disposal of 30 derelict vessels from the public waters of the State. 1.1. Specific Project Deliverables and Associated Tasks - The Grantee shall provide all labor, equipment, and materials to remove the derelict vessels listed below from the public waters of the state within the jurisdiction of the Monroe County BOCC and properly dispose of the vessels in the designated disposal location: 1. Case #: FWC230N0058814 Description: White 19' Glass Stream Open Motorboat,Reg: GA6164KY HIN: GSY30381A889 Location: 25 10.9460 (N)/ 80 21.2070 (W), Atlantic State Waters East of Garden Cove Disposal: Dispose of in authorized landfill facility 2. Case #: FWC230N0071398 Description: White 27' Stamas Open Motorboat, Reg: FL8162FV HIN: STA2519OB787 Location: 25 02.7720 (N)/ 80 27.1160 (W), South Atlantic/Rodriguez Key Disposal: Dispose of in authorized landfill facility 1765 Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24025 3. Case #: FWC23ON0049924 Description: Unknown 18' Unknown Unknown, Reg: Unknown HIN: Unknown Location: 25 7.4320 (N)/ 80 25.1470 (W), Tarpon Basin Disposal: Dispose of in authorized landfill facility 4. Case #: FWC23ON0058946 Description: Blue 30' Hunterma Sailboat, Reg: FL1609DR HIN: HUN50981M78J30 Location: 25 7.3360 (N)/ 80 25.2950 (W), Tarpon Basin Disposal: Dispose of in authorized landfill facility 5. Case #: FWC23ON0095629 Description: White 14' Renken B Open Motorboat Reg: FL0046AM HIN: 103668 Location: 25 7.2640 (N)/ 80 25.1380 (W), Tarpon Basin Disposal: Dispose of in authorized landfill facility 6. Case #: FWC23 ONO 116601 Description: White 39' Drift R Houseboat, Reg: FL5194AH HIN: 4847 Location: 25 6.9950 (N)/ 80 25.4820 (W), Tarpon Basin Disposal: Dispose of in authorized landfill facility 7. Case #: FWC23ON0014217 Description: White 24' Florida Homemade Boats Open Motorboat, Reg: FL3292LA HIN: FLZY0387F998 Location: 25 6.4790 (N)/ 80 25.9030 (W), Mangroves Across Calusa Campground Key Largo Disposal: Dispose of in authorized landfill facility 8. Case #: FWC23ON0078804 Description: Silver 20' Unknown Rowboat(Jon), Reg: Unknown HIN: Unknown Location: 25 5.5907 (N)/ 80 27.3261 (W), Buttonwood Sound/N of Pelican Key Disposal: Dispose of in authorized landfill facility 9. Case #: FWC230N0116232 Description: White 30' Sea Ray Boats Inc Cabin Motorboat, Reg: FL5324GD HIN: SERT7489C888 Location: 25 0.8970 (N)/ 80 31.2250 (W), Bayside MM92 Disposal: Dispose of in authorized landfill facility 10. Case #: FWC23 ONO 116400 Description: White 28' Sabre Yachts Sailboat, Reg: FL5866PT HIN: HWS2821M76C Location: 25 0.7510 (N)/ 80 31.3710 (W), Community Harbor Disposal: Dispose of in authorized landfill facility Attachment A: Scope of Work Last Revised: 3.23.2023 Page 2 of 8 1766 Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24025 11. Case #: FWC24ON0001335 Description: Multi 12' Unknown Open Motorboat, Reg: Unknown HIN: Unknown Location: 25 0.7610 (N)/ 80 31.3870 (W), Community Harbor Disposal: Dispose of in authorized landfill facility 12. Case #: FWC230N0118375 Description: White 23' Ranger Sailboat, Reg: FL1823BU HIN: RAY233490174 Location: 25 0.6190 (N)/ 80 31.3200 (W), Community Harbor Disposal: Dispose of in authorized landfill facility 13. Case #: FWSB19OFF008382 Description: Tan/White 35' Pacemaker Power Vessel,Reg: FL8004JX HIN: MSZ00799F393 Location: 25 0.1100 (N)/ 80 3 3.3 000 (W), Bayside MM92 Disposal: Dispose of in authorized landfill facility 14. Case #: FWC22ON0103550 Description: Green 32' Florida Homemade Boats Houseboat, Reg: FL4364PG HIN: FLZDH366A269 Location: 24 55.1330 (N)/ 80 38.7250 (W), Little Basin Disposal: Dispose of in authorized landfill facility 15. Case #: FWC23ON0103193 Description: White 16' Unknown Open Motorboat, Reg: Unknown HIN: Unknown Location: 24 48.2159 (N)/80 51.0073 (W), Layton Bayside Disposal: Dispose of in authorized landfill facility 16. Case #: FWC23 ONO 117632 Description: White 49' Holiday Mansion Houseboat,Reg: FL3422KE HIN: HMH49022H990 Location: 24 43.9730 (N)/ 81 0.6533 (W), Atlantic State Waters/Cocoplum Disposal: Dispose of in authorized landfill facility 17. Case #: FWC230N0079197 Description: Unknown 8' Unknown Motorboat, Reg:Unknown HIN: Unknown Location: 24 41.964 (N)/ 81 05.5440 (W), Atlantic/ Sister's Creek Disposal: Dispose of in authorized landfill facility 18. Case #: FWC23 ONO 116422 Description: White 32' Trojan Cabin Motorboat, Reg: DO675809 HIN: TRJMD0210883 Location: 24 39.6590 (N)/ 81 26.7570 (W), Atlantic State Waters/Summerland Key Canal Disposal: Dispose of in authorized landfill facility Attachment A: Scope of Work Last Revised: 3.23.2023 Page 3 of 8 1767 Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24025 19. Case #: FWC23 ONO 112173 Description: White 29' Pearson Sailboat, Reg: FL1070ML HIN: DO517291 Location: 24 34.5460 (N)/ 81 38.5820 (W), Atlantic State Waters/Saddlehill Key Disposal: Dispose of in authorized landfill facility 20. Case #: FWC23ON0004941 Description: White 66' Unknown Cabin Motorboat, Reg: DO684000 HIN: Unknown Location: 24 34.1810 (N)/ 81 43.3170 (W), Atlantic Ocean/Boca Chica Basin Disposal: Dispose of in authorized landfill facility 21. Case #: FWC23 ONO 111974 Description: White 45' Columbia Sailboat, Reg: DO555501 HIN: CLYC01421173 Location: 24 34.1588 (N)/ 81 43.6879 (W), Boca Chica Basin Disposal: Dispose of in authorized landfill facility 22. Case #: FWC23 ONO 117926 Description: Off-White 40' Dorchest Sailboat, Reg: DO508318 HIN: DO508318 Location: 24 34.2630 (N)/ 81 43.3900 (W), Boca Chica Basin Atlantic State Waters Disposal: Dispose of in authorized landfill facility 23. Case #: FWC23ON0061168 Description: White 38' Bayliner Marine Corp Cabin Motorboat, Reg: FL7278RK HIN: BL2A37ELG889 Location: 24 34.4640 (N)/ 81 43.8710 (W), Boca Chica Basin Disposal: Dispose of in authorized landfill facility 24. Case #: FWC23ON0067072 Description: White 25' Merit Marine Sailboat Reg: FL3257LN HIN: GPM252240581 Location: 24 34.4670 (N)/ 81 43.7730 (W), Boca Chica Basin Disposal: Dispose of in authorized landfill facility 25. Case #: FWCN2300115196 Description: White 14' Unknown Open Motorboat, Reg: Unknown HIN: Unknown Location: 24 34.284 (N)/ 81 43.831 (W), Boca Chica Channel Disposal: Dispose of in authorized landfill facility 26. Case #: FWC24ON0028106 Description: White 40' Jersey Cabin Motorboat, Reg: FL4442RU HIN: DO673251 Location: 24 34.0839 (N)/ 81 44.1166 (W), Safe Harbour Disposal: Dispose of in authorized landfill facility Attachment A: Scope of Work Last Revised: 3.23.2023 Page 4 of 8 1768 Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24025 27. Case 9: FWC23ON0080446 Description: Unknown 14' Unknown Open Motorboat,Reg: Unknown HIN: Unknown Location: 24 33.5950 (N)/ 81 44.8120 (W), Cow Key Channel Disposal: Dispose of in authorized landfill facility 28. Case 9: FWC24ON0002128 Description: Blue/White 25' MacCregor Yacht Corp Sailboat, Reg: FL8856NZ HIN: MACR0731M81F Location: 24 33.5680 (N)/ 81 44.7550 (W), Atlantic/Cow Key Channel Disposal: Dispose of in authorized landfill facility 29. Case 9: FWC240N0002718 Description: White 2F Catalina Yachts Sailboat, Reg: FL1134RM HIN: 422 Location: 24 34.3860 (N)/81 45.2520 (W), Cow Key Channel Disposal: Dispose of in authorized landfill facility 30. Case 9: FWC23ON0049348 Description: Off-White 35.7' Egg Harbor Cabin Motorboat, Reg: DO966985 HIN: EGH36102M81G Location: 24 34.5780 (N)/81 45.2450 (W), Cow Key Channel Gulf Side Disposal: Dispose of in authorized landfill facility 1.2. Minimum Level of Performance - The vessels and all parts of the vessels listed above shall be completely removed from the waters of the State and all parts of the vessels shall be disposed of as provided. As part of satisfactory completion of this Agreement, the Grantee shall provide to the Commission all documentation required by Attachment H (Grantee's Required Documentation Submission List) at or before the time stated in Attachment H. 1.3. Documentation/Criteria for Evaluating the Successful Completion of Deliverable Performance Measure(s) - The Grantee shall provide to the Commission a Final Disposition Report. This report shall contain the list of all derelict vessels removed, the disposition of each derelict vessel, and photographs that document the condition of each vessel prior to removal, the removal process for each vessel, and the final disposition of each vessel. 1.4. 7.4meline for Completion- Final receipts with required evidence of completion will be received by the Commission's Grant Manager no later than 11/19/2024 1.5. Acknowledgment by Grantee's Contractors: For each vessel removed and disposed of pursuant to this Agreement the Grantee shall provide to the Commission written acknowledgement from all of Grantee's contractors of receipt of a copy of this Agreement. Such acknowledgment(s) may be emailed to the Grant Manager and must be received before any work begins under this Agreement. Failure to submit such acknowledgment(s) may result in delays in reimbursement of the Grantee. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 5 of 8 1769 Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24025 Section 4. PERFORMANCE MEASURES A. Acceptance of Agreement: The Grantee will accept the agreement, and have it signed and returned to the Commission within 30 days of receipt. Failure to have the agreement returned within the specified time will render the agreement null and void. In some cases,the Commission will allow a modified return time with prior notice and approval from the Commission's Grant Manager. B. Commencement of Work: The Grantee shall commence work on the overall project as soon as notified by the Commission of the agreement execution. Failure by the Grantee to execute the work within 60 days of agreement execution shall result in the agreement being null and void, unless prior approval for a delay is granted by the Commission's Grant Manager. C. Procurement: The Grantee shall procure goods and services through a competitive solicitation process in accordance with Chapter 287, Florida Statutes. The Grantee has already included in the application the quote provided by the contractor chosen for the task and the Commission will pay to the Grantee 100 percent of the quoted price for each task or 100 percent of the actual cost if less than the quoted price. The Grantee will ensure that the selected contractor has adequate insurance and is qualified to do the work. A copy of the state's Derelict Vessel Removal Best Management Practices, attached as Attachment C, will provide guidance as to whether or not the selected contractor is qualified to do the work. D. Closeout: Final receipts with required evidence of completion will be received by the Commission's Grant Manager no later than 11/19/2024. Section 5. CONTRACT MONITORING A. Compliance Monitoring and Corrective Actions The Commission will monitor the Grantee's service delivery to determine if the Grantee has achieved the required level of performance. If the Commission in its sole discretion determines that the Grantee failed to meet any of the terms or conditions of this Agreement, the Grantee will be sent a formal written notice. The Grantee shall correct all identified deficiencies within forty-five (45) days of notice. Failure to achieve 100% compliance with all of the terms and conditions of this Agreement or failure to correct the deficiencies identified in a notice identifying deficiencies within the time frame specified may result in delays in payment or termination of this Agreement in accordance with the terms of the Agreement. B. Site Inspections= The Commission may inspect the Project site prior to and,if applicable,during the removal of project vessels. The Grantee shall notify the Commission's Grant Manager when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice. The Commission's Grant Manager, or designee, shall inspect the work accomplished on the project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. All derelict vessel removal sites will be inspected by a Commission officer to verify the complete removal of the vessel as described in the Agreement. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 6 of 8 1770 Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24025 C. Project Progress Reports: The Grantee shall submit to the Commission, on a monthly basis, project progress reports outlining the progress of the project, and identifying any problems that may have arisen and actions taken to correct such problems. Such reports shall be submitted on the Project Monthly Progress Report Form attached hereto and made a part hereof as Attachment F. Reports are due to the Commission's Grant Manager by the 151h of the month immediately following the reporting period until the Certificate of Completion is submitted. D. ]hest Management Practices: The Grantee shall ensure that the contractor chosen to complete the tasks as indicated in this Scope of Work are both able and instructed to follow state Derelict Vessel Removal Best Management Practices (BMPs), (Attachment C). Failure to follow these BMPs may subject both the contractor and the Grantee to State or Federal fines and penalties if it is shown that these practices were not followed. E. Certificate of Completion: Upon completion of the Project, the Grant Manager for the Grantee shall sign a Certificate of Completion form, Attachment G, attached hereto and made a part hereof, that certifies the project was completed in accordance with this Scope of Work and the Agreement. For reporting purposes this project will be submitted to the Executive Office of the Governor, a Letter of Return on Investment for the State is attached hereto and made part thereof as Attachment D to this agreement. Section 6. COMP]ENSATION AND PAYMENT A. Fee Schedule For satisfactory completion of the tasks described in this Scope of Work, by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $577,094.00. The Grantee shall be reimbursed only for budgeted expenses that are directly related to the removal and disposal of vessels within the project. i. Cost Share: The Grantee is not required to provide any cost share of the total cost of the project as indicated in the FWC Derelict Vessel Removal Grant Guidelines. The total compensation by the Commission shall be $577,094.00 or 100% of the total cost for the project, whichever is less. ii. Salvage Value: The Grantee shall be entitled to the salvage value of any grant-designated derelict vessel, or any part(s) or accessories thereof, not used in the construction of a permitted artificial reef site, excluding the hull. All such salvage activities not essential to the physical removal of a derelict vessel shall be accomplished after the vessel has been removed from public waters. The salvage value of each vessel shall be deducted by the Grantee when determining the reimbursement request for the removal and disposal costs for each derelict vessel. Vessel hulls must be destroyed and not salvaged in whole. All salvaged materials from such vessels must be removed from the vessels before being sold for salvage. By law, such salvage values must offset the cost of removal to be allowed. R. Invoice Schedule The Grantee shall submit one invoice at the completion of all project tasks and deliverables. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 7 of 8 1771 Monroe County BOCC Derelict Vessel Removal Project FWC Contract No. #24025 C. Travel Expenses Reimbursement for travel expenses is not authorized under this Agreement. D. Forms and Documentation The request for reimbursement shall include an invoice in a format similar to Attachment E, Sample Invoice Form, which shall include the FWC Agreement Number, the Grantee's Federal Employer Identification (FEID) Number, and the dates of service. The invoice shall be accompanied by: • Attachment G: Certificate of Completion (completed); • Photographs in accordance with paragraph 2 (A) Deliverable#1 ill. The Commission case number and this Agreement's Contract number are required to be on each photo submitted.; • An itemized list of all project expenditures; • A copy of the Contract(s) between the Grantee and the Contractor(s) selected to complete the project; • If the Grantee's selected contractor uses a sub-contractor(s) in the completion of the deliverables in this Agreement, the Grantee shall submit a copy of the sub-contractor's agreement with the Grantee's selected contractor(s) to the Commission. Such agreements are required to be in place for all work performed under this Agreement by a subcontractor.; • An invoice from the Grantee's contractor(s) showing the total price for the removal and disposal of each vessel that is authorized to be removed under this Agreement. Prices on the contractor's invoice must match the price listed on the Grantee's Invoice to the Commission; • Proof of payment by the Grantee to the Grantee's contractor(s), which may be in the form of a check copy or EFT from the Grantee to the contractor(s). Amounts paid to the contractor(s) must match the amount included on the invoice to the Commission. If amounts are paid by the Grantee to the contractor(s) for services not associated with this Agreement, those service and corresponding amounts must be annotated and clearly separated in the proof of payment documentation submitted. Section 7. FINANCIAL CONSEQUENCES In addition to nonpayment for tasks which are not satisfactorily or timely completed, or for failure to correct any project deficiencies, as noted in the final project inspection, the Commission may impose a financial consequence of twenty percent (20%) of the total contract amount for failure to complete any tasks satisfactorily or timely, or for failure to correct any project deficiencies, as noted in the final project inspection. The final project inspection will be done by a Commission officer verifying that the entire vessel for each task has been removed according to the project plan. Failure of Grantee to have all receipts and evidence of project performance delivered to FWC on or before 11/19/2024 before close of business may jeopardize payment of funds to the Grantee per the Agreement. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 8 of 8 1772 FWC Agreement No.FWC-24025 Attachment B AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award, then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both State and Federal funds,then all provisions apply. MONITORING In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or contracted consultants,limited scope audits as defined by Section 200.331,OMB Uniform Guidance and/or other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. AUDITS PART L• FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following provisions apply: A. This part is applicable if the Grantee is a State or local government or a non-profit organization as defined in Sections 200.90,200.64, or 200.70,respectively, OMB Uniform Guidance. B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or program-specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT I to this Attachment indicates Federal resources awarded through the Commission by this Agreement. In determining the Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by Sections 200.500-200.521, OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB Uniform Guidance,will meet the requirements of this part. C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB Uniform Guidance. This includes,but is not limited to,preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after Attachment B rev.6.15.15 Page 1 of 6 1773 FWC Agreement No.FWC-24025 December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from Grantee resources obtained from other than Federal entities). E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year.Compliance findings related to contracts with the Commission shall be based on the contract requirements,including any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB Uniform Guidance audit reports. F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. G. If the Grantee expends less than$500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521,OMB Uniform Guidance,is not required. In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521,OMB Uniform Guidance,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from the Grantee's resources obtained from other-than Federal entities). H. A web site that provides links to several Federal Single Audit Act resources can be found at: hLtps:Hharvester.census.gov/facweb/Resource,s.a,spx PART IL• STATE FUNDED. If this Agreement includes State funding, then the following provisions apply: This part is applicable if the Grantee is a non-state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of$500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Contract. In determining the state financial assistance expended in its fiscal year,the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Attachment B rev.6.15.15 Page 2 of 6 1774 FWC Agreement No.FWC-24025 C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S.,the cost of the audit must be paid from the non-state entity's resources (i.e.,the cost of such an audit must be paid from the Grantee's resources obtained from other-than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: https:Happs.fldfs.com/fsaa/. E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S.Meridian St. Tallahassee,FL 32399-1600 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the following at the address indicated: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S.Meridian St. Tallahassee,FL 32399-1600 2. The Federal Audit Clearinghouse designated in Section 200.512,OMB Uniform Guidance (the reporting package required by Section 200.512, OMB Uniform Guidance,should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 10"Street Jeffersonville,IN 47132 3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB Uniform Guidance. B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment(in correspondence accompanying the audit report,indicate the date that the Grantee received the audit report); copies of the reporting Attachment B rev.6.15.15 Page 3 of 6 1775 FWC Agreement No.FWC-24025 package described in Section 200.512, OMB Uniform Guidance, and any management letters issued by the auditor; copies of reports required by Part II of this Attachment must be sent to the Commission at the addresses listed in paragraph C.below. C. Copies of financial reporting packages required by Part II of this Attachment,including any management letters issued by the auditor, shall be submitted by or on behalf of the Grantee directly to each of the following: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S.Meridian St. Tallahassee,FL 32399-1600 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee,FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521, OMB Uniform Guidance,Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Grantees and sub-Grantees,when submitting financial reporting packages to the Commission for audits done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee in correspondence accompanying the reporting package. -End of Attachment B— Attachment B rev.6.15.15 Page 4 of 6 1776 FWC Agreement No.FWC-24025 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: CFDA# CFDA Title Amount N/A Total Federal Awards COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA# Compliance Requirements N/A STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Matching Funds Provided b CFDA CFDA# CFDA Title Amount of Matchin Funds Total Matching Funds Associated with Federal N/A Programs SUBJECT TO SECTION 215.97,FLORIDA STATUTES: State Project(s) CSFA# CSFA Title Amount 77.005 FWC Derelict Vessel Removal Grant Program $577,094.00 Total State Awards $577,094.00 Attachment B rev.6.15.15 Page 5 of 6 1777 FWC Agreement No.FWC-24025 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: State Project s Compliance Requirements CSFA# Compliance Requirements 77.005 Must adhere to FWC Derelict Vessel Removal Grant Program Guidelines November 2019 NOTE: Section 200.513, OMB Uniform Guidance(2 CFR 200), as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Grantee. -End of EXMIBIT 1 - Attachment B rev.6.15.15 Page 6 of 6 1778 Attachment C u ! Contract FWC 24025 1 Best Management Practices for DV removal Derelict Vessel Removal Process Derelict vessels are existing impacts to the environment as well as boating safety hazards, impediments to navigation, and esthetic nuisances. Typically these vessels are found grounded on the edges of active waterways where they may have physical impacts on benthic and shoreline communities. However, the impact of these vessels is not limited to their immediate location. If left unattended, the influences of winds and tides continue to push the boats causing greater impact as they become more deeply mired into the environment. Early extraction of these vessels will avoid and minimize the environmental impacts. In addition to these physical impacts resulting from the movement of these vessel through the environment; there is the longterm effect caused by their continued degradation and decay in the marine environment. These vessels may be constructed of various materials, such as wood, steel, aluminum, or fiberglass; each having varying degrees of resilience and can remain in the marine environment for extended periods of time. With the progression of time; the environmental impacts increase with the shading from the hull and displacement of live bottom and emergent vegetative communities resulting from the expansion of the debris field as the vessels disintegrates. The impacts resulting from the removal of these vessels during any stage is less than the impacts caused by the long-term presence of the vessel in the marine environment. Therefore the early detection and removal of these abandoned and derelict vessels is the best means of minimizing the individual or cumulative impacts to the environment. Derelict Vessel Removal (FDEP) Permit Exemption An Exemption under Florida Administrative Code Chapter 62-330-051(5)(g) by Florida Department of Environmental Protection, has been established for the removal of derelict vessels. Based on the presumption that the extraction of these vessels from the marine environment will cause only minimal environmental impacts and in turn avoid the long-term impacts resulting from the degradation of the vessel at it current location. The environmental impacts are ameliorated by the application of the best management practices referenced below. Florida Administrative Code Chapter 62-330-051(5)(g) (g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local agencies, provided: 1. The derelict vessel case has been completed as specified in Section 705.103, F.S., and has been entered into the Statewide Derelict Vessel Database maintained by the Florida Fish and Wildlife Conservation Commission; 1779 2. All work is done in a manner that, to the greatest practicable extent, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, mangroves, other wetlands, and live bottom; and 3. An absorbent blanket or boom shall be immediately deployed on the surface of the water around the derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work. General Derelict Vessel Removal and Environmental Protection Best Management Practices The following best management practices (BMP's) will be employed by the marine contractor during the removal of derelict vessels. These BMP's will be incorporated into the contact for each vessel removal project. The marine contractor selected for the project will be required to show proof of their ability to meeting the BMP requirements with their contingency of equipment, staff and expertise in the removal of derelict vessels. Compliance with these BMP's will be monitored by the County and by local Florida Fish and Wildlife Conservation Commission law enforcement officers. These BMP's are as follows: a. All Work Is To Meet The Following Requirements: 1. Operations are to be limited to daylight hours. 2. Operations are to be staged from an upland area. 3. All work is to be performed in a manner that avoids and/or minimizes impacts to live bottom and other resource areas (e.g., seagrass beds, oyster beds, wetlands, mangroves, and other sensitive habitats) while approaching, working in, and leaving the derelict vessel site. 4. All work shall avoid impacts to manatees, sea turtles, and other species listed by the state and federal government as threatened or protected. 5. The Contractor will remove all contaminants and pollutants including fuels, batteries, paints, solvents, and engine from the derelict vessel prior to, or immediately after extraction, whichever option is best to prevent environmental impacts. Any contaminant or pollutant found to be contained within a derelict vessel shall be removed by the Contractor, placed in an approved container, and disposed of properly. The placement of an absorbent blanket on the surface of the water around the derelict vessel within the turbidity barrier is required where free floating product (gas/oil) is observed. 6. The Contractor is to provide appropriate best management practices (BMPs) approved by the Florida Department of Environmental Protection for erosion control and turbidity 1780 protection while each derelict vessel is being removed. In areas of low to moderate currents, a Type II floating turbidity barrier will be installed within a ten (10) foot radius of the vessel being removed prior to starting any removal activities. The turbidity barrier shall be anchored to the bottom of the waterway. 7. The Contractor is to provide appropriate BMPs for erosion control and turbidity prevention around the vessels/barges being used to remove the derelict vessel and around the perimeter of any upland staging site (where necessary). 8. The Contractor is to monitor turbidity levels throughout removal work. 9. In an effort to reduce turbidity, a crane, winch and/or approved alternate method is to be used to raise the derelict vessel from the water. 10. The Contractor will assess turbidity levels and allow them to return to an acceptable level similar to pre-project condition prior to removal of turbidity measures. 11. The dragging of vessels is to be avoided both on and off-shore. All vessels/barges used in vessel removal shall continually monitor water depths to avoid running aground. 12. The Contractor will load derelict vessels onto a barge and/or flat bed truck (or similar) for proper disposal. 13. The Contractor is to photo-document all removals as described in Paragraph (2)(a) of the Scope of Work with pictures taken before, during and after removal. The Contractor will provide a monthly progress report of all removal activities. b. For Derelict Vessels That Are Floating or Lightly Aground: 1. The vessel is to be pumped out as needed and extracted (floated out) during high water. 2. Following extraction, the vessel is to be towed from the grounded location to a boat ramp or other removal point while avoiding and/or minimizing impacts to live bottom areas. c. For Derelict Vessels That Are Hard Aground: 1. The vessel is to be approached using shallow draft vessels. 2. The vessel is to be extracted using a crane from a shallow draft deck barge, by hand using the best available tools, or similar approach to minimize impacts to the site and surrounding areas. d. For Derelict Vessels Sunken in Shallow Water: 1. Install and inflate flotation bags as needed. 2. Lift the vessel with barge mounted crane or similar equipment. 1781 Q"W AgrootywW NurY0n or, 24025 01 . Attachment D Florida IIF'Isl i To: FWC Contract 24025, Monroe County BOCC and fldI II'fe From: Phil Horning, Contract Manager Conservatian RE: Return on Investment Reporting Carnrnissian C oiri niri nli=ss11 o in c i s Rodney Barreto This Memorandum is to document the Return of Investment reporting language as Chairman mandated and approved by Florida's Executive Office of the Governor, Office of Coral Gables Policy and Budget, in to FWC Contract 24025 Steven Hudson Vice Chairman Fort Lauderdale Preston Farrior Return of Investment reporting: Tampa Gary Lester Oxford The ultimate objective is for the vessels to be removed from the water at the Albert Maury earliest possible time to prevent additional removal costs and potential damage by Coral Gables interfering with navigation or the environment. Removingvessels at the earliest Gary Nicklaus possible time reduces the cost of removing vessels at a later time when they Jupiter frequently sink or break apart thereby increasing removal costs. By eliminating Sonya Rood these hazards from navigation, there is a reduced chance of injury or death St.Augustine associated with a collision between a boater and a derelict vessel thereby reducing Ofuce of the risk to the boater, county and state. Executive Il:blimr,fm Roger A.Young Executive Director Removing a greater number of derelict vessels reduces the number of Charles"Rett"Boyd environmental incidents of pollution caused by spilled fuels and oils and the Assistant Executive Director leaching of caustic chemicals into the waters of the state. A reduction of derelict George Warthen vessel damage to sea grasses, corals, and other benthic resources also increases Chief Conservation Officer value to our states natural resources and reduces restoration costs. Derelict vessels Jessica Crawford Chief of staff can also be a blight on working waterfronts, resort and residential areas. This 850-487-3796 blight can negatively affect the economy of these areas including use, sales and 850-921-5786 FAX tourism. Managing fish and wildlife resources for their long-term Analysis at the program's conclusion will list the number of derelict vessels and/or well-being and the benefit of people. total linear feet removed for both individual counties and the statewide total. The average cost for vessels removed and the average cost per linear foot will also be included. The report will measure the percentage of derelict vessels removed for 620 South Meridian Street both counties and the entire state based on the pre-program totals as listed in the Tallahassee,Florida ,Statewide Derelict Vessel Database. 32399-1600 Voice:850-488-4676 Hearing,/speech-impaired: 800-955-8771(T) 800 955-8770(V) MyFWC.com 1782 INVOICE Attachment E Billed to: Invoice No. 24025 Fish and Wildlife Conservation Commission Invoice Date: Ven(lo rr Diter D it FWC Derelict Vessel Removal Grant Program FWC Contract#: FWC-24025 620 South Meridian Street Amount of Grant Award: $577,094.00 Tallahassee, Florida 32399-1600 Billing Period/Dates of Service: Remit payment to: From: Ven(lo rr Diter D it Grantee: Monroe County BOCC (Date Contactor Began Work) FEID#: 59-6000-749 Address: 2798 Overseas Hwy, Ste. 420 To: Ven(lorr ll,uiter D it Marathon, FL 33050 (Date Contractor Completed Work) PROJECT COSTS: Deliverables/Services Provided (Scope of Work) — Cash expenditures: Amount Vessel 01) FWC230N0058814; White 19' Glass Stream Open Motorboat, Reg: GA6164KY $ 9,500.00 Vessel 02) FWC230N0071398; White 27' Stamas Open Motorboat, Reg: FL8162FV $ 10,800.00 Vessel 03) FWC230N0049924; Unknown 18' Unknown Unknown, Reg: Unknown $ 7,500.00 Vessel 04) FWC230N0058946; Blue 30' Hunterma Sailboat, Reg: FL1609DR $ 18,000.00 Vessel 05) FWC230N0095629; White 14' Renken B Open Motorboat Reg: FL0046AM $ 3,000.00 Vessel 06) FWC230N0116601; White 39' Drift R Houseboat, Reg: FL5194AH $17,000.00 Vessel 07) FWC230N0014217; White 24' Florida Homemade Boats Open Motorboat, Reg: FL3292LA $ 14,400.00 Vessel 08) FWC230N0078804; Silver 20' Unknown Rowboat (Jon), Reg: Unknown $ 10,000.00 Vessel 09) FWC230N0116232; White 30' Sea Ray Boats Inc Cabin Motorboat, Reg: FL5324GD $ 15,000.00 Vessel 10) FWC230N0116400; White 28' Sabre Yachts Sailboat, Reg: FL5866PT $ 14,000.00 Vessel 11) FWC240N0001335; Multi 12' Unknown Open Motorboat, Reg: Unknown $1,000.00 Vessel 12) FWC230N0118375; White 23' Ranger Sailboat, Reg: FL1823BU $18,009.00 Vessel 13) FWSB190FF008382; Tan/White 35' Pacemaker Power Vessel, Reg: FL8004JX $16,000.00 Vessel 14) FWC220N0103550; Green 32' Florida Homemade Boats Houseboat, Reg: FL4364PG $19,200.00 Vessel 15) FWC230N0103193; White 16' Unknown Open Motorboat, Reg: Unknown $ 9,600.00 Vessel 16) FWC230N0117632; White 49' Holiday Mansion Houseboat, Reg: FL3422KE $25,000.00 Vessel 17) FWC230N0079197; Unknown 8' Unknown Motorboat, Reg: Unknown $2,600.00 Vessel 18) FWC230N0116422; White 32' Trojan Cabin Motorboat, Reg: D0675809 $ 9,000.00 Vessel 19) FWC230N0112173; White 29' Pearson Sailboat, Reg: FL1070ML $ 8,000.00 Vessel 20) FWC230N0004941; White 66' Unknown Cabin Motorboat, Reg: D0684000 $150,000.00 Vessel 21) FWC230N0111974; White 45' Columbia Sailboat, Reg: D0555501 $18,000.00 Vessel 22) FWC230N0117926; Off-White 40' Dorchest Sailboat, Reg: D0508318 $16,000.00 Vessel 23) FWC230N0061168; White 38' Bayliner Marine Corp Cabin Motorboat, Reg: FL7278RK $18,000.00 Vessel 24) FWC230N0067072; White 25' Merit Marine Sailboat Reg: FL3257LN $ 7,000.00 Vessel 25) FWCN2300115196; White 14' Unknown Open Motorboat, Reg: Unknown $ 17,593.00 Vessel 26) FWC240N0028106; White 40' Jersey Cabin Motorboat, Reg: FL4442RU $47,731.00 Vessel 27) FWC230N0080446; Unknown 14' Unknown Open Motorboat, Reg: Unknown $ 5,000.00 Vessel 28) FWC240N0002128; Blue/White 25' MacCregor Yacht Corp Sailboat, Reg: FL8856NZ $ 8,000.00 Page 1 1783 Vessel 29) FWC240N0002718; White 21' Catalina Yachts Sailboat, Reg: FL1134RM $ 6,000.00 Vessel 30) FWC23ON0049348; Off-White 35.7' Egg Harbor Cabin Motorboat, Reg: DO966985 $56,151.00 Total Project Cost: $577,094.00 Grantee Share (0%): — $ N/A Amount for Reimbursement: $577,094.00 1 hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Date: Project Manager Page 2 1784 FWC Contract No.FWC:24025 Attachment F FLORIDA DERELICT VESSEL REMOVAL GRANT PROGRAM MONTHLY PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850)488-9284. FWC Contract# 24025 Reporting Period(Month/Year): VeuzaW to CCnuuzj*te— (Due 15 days after the end of each month) Grantee: Monroe County BOCC Project Title: Monroe County BOCC Derelict Vessel Removal Project 1. Describe progress of project,including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion by due date? YES ❑ NO ❑ Anticipated completion date:Ve�aW CC ck Here to Etaer('ouuzp* ionu� )m (If project is not on schedule,please explain any problems encountered and/or possible delays) 3. Reporting requirements: (Check all that have been submitted to date) ❑ Bid package ❑ Bid tabulation ❑ Progress photographs ❑ Final photographs ei&W Ch k Here to EMer 11)Me Project Manager Date ut^ gnu ti n C nuni Vete Vewbr to C(nw „V tie, Print Name Phone Page 1 of 1 1785 FWC Contract No. FWC-24025 Attachment G ,t FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION • 1.� �,,� FWC Derelict Vessel Removal Grant Program CERTIFICATION OF COMPLETION STATEMENT I, Brittany Burtner, Representing Monroe County BOCC, do hereby certify that the FWC Derelict Vessel Removal Grant Program project funded by FWC Contract No. 24025, has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project. (Signature) (Date) WARNING:"Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree,punishable as provided in s. 775.082 or s. 775.083." § 837.06,Florida Statutes. CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the terms of the Agreement. Division: By: Date: Name: Title: 1786 Attachment—H FWC Contract: 24025 Grantee's Required Documentation Submission List The following is a list of the documents that must be provided by the Grantee to the FWC Derelict Vessel Program Manager/Contract Manager and when each must be received by the Commission. Failure of the Grantee to provide these documents when required may subject the Grantee to delays in reimbursement and/or financial penalties. Ll Acknowledgement of Receipt of Agreement/Contract by Contractor: A copy of the Agreement/Contract between the Commission and the Grantee must be issued to the Grantee's contractor, and the Grantee shall submit acknowledgement of receipt by the contractor to the Commission DV Program Administrator. Due to the Commission before any work under the Agreement/Contract begins. Ll Grantee's written proof of Liability Insurance (or self-insurance): Due to the Commission within 15 days of Agreement/Contract Execution. Ll Grantee's written verification of being registered with E-Verify: Due to the Commission within 15 days of Agreement/Contract Execution. Ll Contractor's and subcontractors'written verification of being registered with E-Verify: Due to the Commission within 15 days of Agreement/Contract Execution. Ll Monthly Proiect Progress Report: Due to the Commission on the 15' day of each month the Agreement/Contract remains active. Ll Grantee's Invoice for Payment: Grantee must submit an Invoice (Attachment E)to the Commission for reimbursement. Due to the Commission when all Agreement/Contract tasks and deliverables have been completed. Ll Certificate of Completion: A completed Certificate of Completion (Attachment G). Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Ll Itemized List of All Proiect Expenditures: Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Ll Grantee's Contract with Contractor: Grantee will submit a copy of the Contract between the Grantee and the Contractor selected to complete the project. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Ll Subcontractor Agreements: If the Grantee's selected contractor uses a sub-contractor in the completion of the deliverables in the Agreement/Contract, the Grantee shall submit a copy of the sub-contractor's agreement with the Grantee's selected contractor to the Commission. Such agreements are required to be in place for all work performed under the Agreement/Contract by a subcontractor. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Ll Vessel Photos and Final Disposition Report: A final disposition report and photos of each vessel removed pursuant to the Agreement/Contract are required in accordance with paragraph 2. A deliverable#1 iii of Attachment A, Scope of Work, of the Agreement/Contract.The Commission case number and Contract 1787 number are required to be on each photo submitted. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. IJ Contractor's Invoice: An invoice from the contractor showing the total price for the removal and disposal of each vessel that is authorized to be removed under the Agreement/Contract must be submitted by the Grantee to the Commission. Prices on the contractor's invoice must match the price listed on the Grantee's Invoice to the Commission (Attachment E). Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. IJ Proof of Payment to Contractor from Grantee: Proof of payment by the Grantee to the contractor(s) may be in the form of a check copy or EFT from the Grantee to the contractor(s). Amounts paid to the contractor(s) must match the amount included on the invoice to the Commission (Attachment E). If amounts are paid by the Grantee to the contractor(s) for services not associated with the Agreement/Contract, those service and corresponding amounts must be annotated and clearly separated in the proof of payment documentation submitted. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. 1788 FWC Agreement#: 24025 Attachment I Derelict Vessel Program Grant Monitoring Guidelines The Florida Fish and Wildlife Conservation Commission(Commission)has established and been appropriated funding by the Florida Legislature, to assist local governments in the costs related to removing derelict vessels from the waters of the state. The Commission derelict vessel program has a responsibility to track and monitor the status of grant activity and projects initiated by local governments under contract with the Commission to ensure compliance with applicable written grant guidelines and statutory regulations. The monitoring process is designed to assess a Grantee's compliance with applicable agency, state, and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities—financial and programmatic monitoring. • Financial monitoring is the review of records associated with the invoiced costs of derelict vessel removal projects and contracts. • Programmatic monitoring is the observation of project timelines,best management practices, and verified project completion records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects and financial activity and provision of technical assistance between the Commission and the applicant via e-mail and telephone or other electronic means. On-site monitoring involves visits to the Grantee agencies or project work sites by Commission representatives who examine records,procedures and project activity. No Conflict of Interest: Grant Managers shall complete a Conflict of Interest Certification form at the time they are assigned/assume responsibility for an agreement. If a conflict exists, the grant manager shall notify their immediate supervisor at the earliest opportunity. The supervisor is responsible to reassign the Agreement or coordinate with leadership and/or Commission legal advisors to determine the appropriate resolution. A completed Conflict of Interest Certification form will be included and entered into each derelict vessel grant removal agreement. Frequency of monitoringa � The Commission's derelict vessel program will conduct monitoring during the period that a grant project is active. Once the project has been completed and verified as such, and reimbursement has been issued to the Grantee based on the written agreement,the relationship with the Grantee has ended until and unless a subsequent application for a grant is received again for that Grantee. Those applicants who have had documented contract violations for past failures to perform without successful resolution with the Commission, may be subject to denial of further opportunities to be considered for a grant. Areas that may be reviewed include,but are not limited to: Management and administrative procedures; Grant folder maintenance; Accounting system; Anticipated projected completion(adhering to Agreement timelines for project completion); Difficulties encountered in completing projects; 1789 FWC Agreement#: 24025 Attachment I Equal Employment Opportunity(EEO Status); Americans with Disabilities Act(ADA Status); Procurement policy; Procurement documents; and Contractor and subcontractor agreements,if applicable. The Commission may request additional monitoring/information if the activity, or lack thereof, generates questions from Commission leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Grantees will be required to participate in desk monitoring as determined by the Commission. This contract will provide an opportunity to identify the need for additional assistance and determines what a Grantee needs to complete the project in a timely manner in accordance with their Agreement. A document(Attachment H) will be included with each Agreement detailing documents required to be submitted by the Grantee and when those documents are due. As difficulties/deficiencies are identified,the Grantee's grant manager will be notified by Commission staff. Many of the issues that arise may be resolved by the Grantee without Commission involvement,but Commission staff can provide technical assistance. Examples of technical assistance include,but are not limited to: • Determination of eligibility of items or services for reimbursement; • Coordination and partnership with contractors and subcontractors; • Record keeping; • Providing information about reporting requirements; • Advising as to documentation necessary to support a request for reimbursement. On-site monitoring will be conducted by Commission personnel or others appointed by the Commission. On-site monitoring visits will be scheduled in advance with the Grantee grant manager designated in the Agreement. All derelict vessel removal projects are verified by sworn law enforcement personnel prior to reimbursement by the Commission. The Commission will also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. On-Site Monitoring Protocol: On-site monitoring visits will be randomly chosen from active derelict vessel removal project grants in progress, as well as those that may be identified as having potential contract violations or as a result of a contractor's failure to follow contract specifications as required. Site visits may be combined when geographically convenient. Site Visit Preparation: An email will be sent to the Grantee grant manager outlining the date, time, and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the Grantee in writing (email is acceptable) and documented in the Grantee folder. On-Site Monitoring Visit: 1790 FWC Agreement#: 24025 Attachment I Once Commission personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items the Commission intends to examine will be identified. All objectives of the site visit will be explained at this time. Commission personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of the project site will be conducted. All project deliverables selected for review should be visually inspected whenever possible.Photographs should be taken of the project site, and any relevant activity. If a project deliverable is not available at the time of the site visit,the appropriate documentation must be provided to account for the project progress. Other programmatic issues can be discussed at this time such as missing monthly project progress reports, payment/voucher/reimbursement, etc. Post Monitoring Visit: Commission personnel will review the on-site monitoring documents and backup documentation as a team and discuss the events of the on-site monitoring. Within thirty(30) calendar days of the site visit, a post monitoring letter will be generated and sent to the Grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a post monitoring letter to that effect will be generated and sent to the Grantee. The Grantee will correct all deficiencies or submit a Corrective Action Plan within thirty(30) calendar days of the monitoring letter date. Grantee noncompliance will be resolved by Commission management under the terms of the Grantee Agreement. The on-site monitoring report and all backup documentation will then be included in the Grantee's file. 1791 OMB Schedule Item Number 3 Resolution No. -2024 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS,it is necessary for the Board of County Commissioners of Monroe County,Florida,to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2024,now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,that the following accounts of the Monroe County Budget for the Fiscal Year 2024,be and the same is hereby increased by the amount hereinafter set forth: Fund: #125-Government Grants Fund FWC Contract: 24025 Cost Center: #62662-Derelict Vessel Removal FY24(8) CSFA: 77.005 Function: #5300-Physical Environment Grant Period: Execution-11/19/2024 Activity: #5370-Conservation Resource Mgmt Offcl/Division: #1015-Growth Management Grant Manager: Brittany Burtner Department: Planning&Environmental Resources Revenue: 125 - 62662 - 334300 - RC_00056 - State Grants Physical Environmi $577,094.00 Total Revenue: $577,094.00 Appropriations: 125 - 62662 - 530310 - SC_00036 - Other Contractual Services $577,094.00 Total Appropriations: $577,094.00 BE IT FURTHER RESOLVED BY SAID BOARD,that the Clerk of said Board,upon receipt of the above,is hereby authorized and directed to make the necessary changes of said items,as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17'day of July,AD 2024. Mayor Holly Merrill Raschein Mayor Pro Tem James K. Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA By: Mayor/Chairman (Seal) Attest: KEVIN MADOK, Clerk As Deputy Clerk Item 3 Unant Fund 125 62662 Derelict Vessel Removal FY24(8) 1 792