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HomeMy WebLinkAboutItem C25 C25 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting July 16, 2025 Agenda Item Number: C25 2023-4255 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Cory Schwisow AGENDA ITEM WORDING: Approval to award and enter into a 3-year contract with Garner Environmental Services, Inc for Emergency Managment Logistics Services, effective August 20, 2025. ITEM BACKGROUND: Staff prepared an RFP to solicit bids for an Emergency Management Logistics Services, to support Monroe County's Logistic Staging Area and recovery operations post disaster. The RFP posted to BonFire on April 25, 2025. Bid opening took place on Thursday, May 29, 2025, at which time 11 proposals were received from the following firms. ABML, LLC, SLSCO LTD, Garner Environmental Services, Inc, Environmental Earthwise, Waypoint-Global LLC, Cotton Commercial USA Inc, Longview International Technology Solutions Inc, IEM, Gothams LLC, USA UPSTAR, LLC, Proposal Commando, LLC. On June 23, 2025, a selection committee reviewed the proposals and ranked/scored. The committee was comprised of the following employees: Cory Schwisow- Interim Director, Emergency Management, Vince Kalson—Logistics Section Chief/REP Senior Planner, Shannon Weiner—Emergency Operations Coordinator, University of Tampa. The selection committee's ranking and scoring (see attached) resulted in: Garner Environmental Services, Inc, being the highest in rank(1 st ranked- 5 total points) and score (259 total points). Gothams LLC scored the same number of points (259 total points)but scored a total of 6 ranking points. It's the committee's recommendation to award a contract to: Garner Environmental Services, Inc, since they were the highest ranked proposer. A "Notice of Intent" (see attached)was posted on BonFire, June 30, 2025. The RFP identified the evaluation criteria, the points for each and the method of evaluation by the selection committee, and the evaluation methods outlined in the RFP were followed by the selection committee. The Emergency Management Logistics Services agreement may be eligible for reimbursement from the Federal Emergency Management Agency in the event of a declared disaster. Procurement of services must, therefore, comply with the County's codes and policies and, also Federal regulations for procurement. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: 1540 Yes CONTRACT/AGREEMENT CHANGES: GPJ 7/8/25 - COI submitted by vendor does not include BOCC as additional insured. Note to CS. Risk approval subject to submission of corrected COI before contract execution STAFF RECOMMENDATION: Approval DOCUMENTATION: Signed Logistics Contract July 2025 - Garner Environmental Services Inc_[15].pdf Final Rank- Sheet.pdf Garner Signed Forms and COI.pdf Notice of Intent to Award - 7-8-2025.pdf FINANCIAL IMPACT: Reimbursable funding from disaster declarations. Services only to be used after declared disaster in Monroe County. 1541 AGREEMENT BETWEEN MONROE COUNTY AND GARNER ENVIRONMENTAL SERVICE, INC. FOR EMERGENCY MANAGEMENT LOGISTIC SERVICES THIS AGREEMENT ("Agreement") is made and entered into this 16th of July 2025, by MONROE COUNTY("COUNTY"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040 and Garner Environmental Services, Inc. ("CONTRACTOR"), whose address is 952 Echo Lane, Suite 400, Houston, TX 77024. This Agreement shall consist of this contract document, the Request for Proposal (RFP) issued by Monroe County for these services, and the Proposal submitted by the CONTRACTOR in response to the RFP, all of which are incorporated by reference. Section 1. SCOPE OF SERVICES CONTRACTOR shall do,perform and carry out in a professional and proper manner certain duties as described in the Scope of Services —Exhibit A —which is attached hereto and made a part of this agreement. The purpose of the services is to provide Emergency Management Logistic Services. Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR The CONTRACTOR warrants that it possesses the skills and qualifications necessary for the delivery of the scope of services outlined in Exhibit A to this Agreement. Section 3. COUNTY'S RESPONSIBILITIES The County shall provide the information required by the Contractor to perform the Scope of Services. Section 4. TERM OF AGREEMENT The term of this Agreement shall begin on July 16, 2025, and remain in effect for three (3)years ending on July 15, 2028. Section 5. COMPENSATION The Contractor shall submit to the County an invoice with supporting documentation acceptable to the Clerk upon completion of each of the above-referenced Tasks. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Contractor will submit such invoice according to milestones for services provided during the period. The invoice will include a record of employee time worked and differentiate time worked at the rate for the different classification. Upon receipt of the Contractor's invoice in the proper form as stipulated above and upon acceptance by the Clerk, Monroe County will make payment in 1542 arrears in accordance with the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. Section 6. PAYMENT TO CONTRACTOR By entering into this Agreement, the CONTRACTOR warrants that it understands that the Contract price represents the full compensation for all services under this Agreement. 6.1 Payment will be made according to the Florida Local Government Prompt Payment Act Section 218.70 Florida Statutes. Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the services performed, and the payment amount requested. The CONTRACTOR must submit invoices to the appropriate offices marked Group Insurance. The respective office supervisor and the Director of Employee Services, who will review the request, note his/her approval on the request and forward it to the Clerk for payment. 6.2 Monroe County's performance and obligation to pay under this contract is contingent upon annual appropriation by Monroe County Board of County Commissioners. 6.3 The compensation listed in Section 5 will be payable in installments upon completion of the Tasks shown in Scope of Services. Section 7. CONTRACT TERMINATION Termination Without Cause Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 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 the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with five (5) calendar days' notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination,unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 1543 Termination for Convenience The County may terminate this Agreement for convenience, at any time, upon seven (7) 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 the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Article IX, Section 2-721 et al. of the Monroe County Code. Section 8. NOTICES Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other parry by certified mail, returned receipt requested, to the following: To the COUNTY: Monroe County Emergency Management Attn: Cory Schwisow 7280 Overseas Highway Marathon, FL 33050 Schwisow-coLyL&monroecouniy fl.gov. With a copy to: Monroe County Attorney 1111 12th St., Suite 408 Key West, FL 33040 Shillinger-bob@monroecounty-fl.gov To the CONTRACTOR: Danny Maldonado 952 Echo Lane Suite 400 Houston, TX 77024 Section 10. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each parry to this Agreement or their authorized representatives shall have 1544 reasonable and timely access to such records of each other parry to this Agreement for public records purposes during the term of the agreement and for seven years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing parry, 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, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency 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 Florida Statutes, Chapter 119 or as otherwise provided by law. C. 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 public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency 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 1545 applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH ST., SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty-fl.gov, (305) 292-3470. Section It. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 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 Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this 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. Section 12. CONVICTED VENDOR By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. 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 an Agreement with a public entity for the construction or repair of apublic building or public work,may not perform work as a CONTRACTOR,supplier, subcontractor, or CONTRACTOR under Agreement 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 the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. As used herein, the term "convicted vendor list" means a list maintained by the Florida Department of Management Services, as defined in F.S. 287.133. Section 13. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement 1546 or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 14. SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 15. 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 parry relative to the enforcement or interpretation of this Agreement,the prevailing parry shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing parry. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 16. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 17. AUTHORITY Each parry represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 19. COOPERATION 1547 In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution,performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 20. NONDISCRIMINATION COUNTY and CONTRACTOR 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 parry, effective the date of the court order. The parties 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, 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 29-255), 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 ss. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, 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; and 11) All requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; and 12) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 21. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1548 Section 22. CODE OF ETHICS The parties understand and agree that officers and employees of the COUNTY are 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. Section 23. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. Section 24. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28,Florida Statutes,the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 25. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 26. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, a Drug-Free Workplace Statement, a Lobbying and Conflict of Interest Clause, a Non-Collusion Affidavit, a Vendor Certification Regarding Scrutinized Businesses, an Affidavit Attesting to Noncoercive Conduct for Labor and Services and a Foreign Entities Affidavit. 1549 Section 27. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. An electronic signature may be used to execute the Agreement. Section 28. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 29. INSURANCE POLICIES 29.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre-requisite of the work governed,the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however, CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work,resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, 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, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: 1550 • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. 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. 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. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on general liability and vehicle liability policies. 29.2 General Liability Insurance Requirements For Contract Between County and Contractor Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Bodily Injury Liability • 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: $200,000 per Person $300,000 per Occurrence $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 (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 29.3 Vehicle Liability Insurance Requirements The minimum limits acceptable shall be owner and non-owned and hired vehicles: $100,000 Combined Single Limit(CSL) If split limits are provided, the minimum limit is: $50,000 per Person $100,000 per Occurrence $25,000 Property Damage 1551 29.4 Workers' Compensation Insurance Requirements 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. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 29.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract,Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $300,000 per occurrence and $500,000 aggregate Section 30. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. 1552 As used in this section, the term "Contractor" shall include any subcontractors used by the Contractor. Section 30. E-Verify (F.S. 448.095). Beginning January 1, 2021, every public employer, contractor and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. By entering in this Agreement, the vendor certifies that it registers and uses the E-Verify system. If the 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 must maintain a copy of such affidavit for the duration of the contract. Section 31. Federal and State Contract Clauses (as applicable). A portion of the funds used to pay for these services are expected to come from federal awards, as that term is defined in 2 CFR part 200. Therefore, the following federal contract clauses from 2 CFR part 200 are incorporated in and made part of this Agreement: A. Equal Employment Opportunity, No Discrimination Provisions: 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 parry, effective the date of the court order. Contractor or County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as 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 seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression,familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement,the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 1553 200, Appendix 11, ¶ C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color,religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment 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 by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in 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. 1554 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of 1555 the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek 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 workweek. 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. D. 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. E. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. F. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp.,p.235),"Debarment and Suspension."SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. G. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection 1556 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 non-Federal award. H. Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. Contractor must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Other Federal Requirements: L Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. J. Disadvantaged Business Enterprise (DBE)Policy and Obligation._ It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The County and the Contractor and subcontractors shall not discriminate on the basis of race, color,national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 1557 (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph(1)through(5) of this section. K. E-Verify. The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. L. Access to Records. Contractor and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors must; 1. Cooperate with any compliance review or complaint investigation conducted by DHS, 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities,personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance, 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. M. 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. N. 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. O. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. P. No Obligation by Federal Government. The Federal Government is not a parry to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other parry pertaining to any matter resulting from the contract. Q. Program Fraud and False or Fraudulent Statements or Related Acts. If applicable, the 1558 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. R. Florida Division of EmergencyRequirements: Management Requirements: The Contractor is bound by any terms and conditions of the Federally-Funded Sub award and Grant Agreement between County and the Florida Division of Emergency Management. 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. S. Scrutinized Businesses: For Contracts of any amount, if the County determines that the Contractor has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. T. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3)Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i)For the purpose of public safety,security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. U. Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and CONTRACTOR should,to the great extent practicable,provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: 1559 (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. V. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the 16th day of July 2025. Attest: Kevin Madok, Clerk of Courts MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: By: As Deputy Clerk Mayor Date: Date: RO c � � � CONTRACTOR: COVE FORM FED O J. - By: ASSISTA�77COUNTY ATTORNEY Date- 6/27/25 Print Name: Danny Maldonado, Jr. Title: Executive Vice President, Operations Date: June 27, 2025 1560 EXHIBIT A SCOPE OF WORK In the event of a disaster, upon Notice to Proceed from the COUNTY, the CONTRACTOR shall be responsible for providing Post Disaster Logistic Services. This notice to proceed will specify the services needed by the County in the aftermath of the designated event. Services may include but are not limited to; Incident Management Team (IMT) Resource Support Staff to operate Logistics Staging Areas, temporary sheltering, mobile units, emergency catering, emergency power,potable water,restrooms, and showers. All disaster response and recovery services shall be performed in compliance with FEMA. Documentation and reports of work performed shall be in a form suitable for FEMA reimbursement. 1. These tasks may include,but are not limited to: a) Incident Management Team Resource Support Staff to stand up and operate Logistics Staging Area: Designated team responsible for managing the operations with a designated logistical staging/ check-in area where goods, supplies, or equipment are properly tracked and staged before being distributing further. b) Temporary Sheltering: Ensure immediate safety and protection for individuals and families who may have lost their homes due to a disaster. Provide temporary shelter and essential services, such as food, medical care, and emotional support, to help stabilize the community in the aftermath of the disaster. c) Mobile Units: Provide quick response mobile units to assist in logistical staging of post disaster equipment and services. d) Emergency Catering: Organize the transportation of food from preparation sites to distribution centers and shelters in a timely manner. Develop a plan for distributing meals to various locations to support recovery operations and emergency workers. e) Emergency Power: Quickly source and procure generators and other power equipment to meet the immediate needs of facilities without electricity. Coordinate the transportation of emergency power equipment, including generators, fuel supplies, and related accessories. Oversee the installation and setup of power generation equipment, 1561 ensuring compliance with safety standards and operational guidelines. Ensure a consistent fuel supply for the generators and provide maintenance and repair services for power generation equipment to support continuous operations. f) Potable Water: Manage the transportation of potable water from its source to designated locations, using appropriate vehicles and containers to maintain water quality. Provide temporary or permanent storage solutions for potable water, including tanks and distribution systems, ensuring safe and efficient storage. Develop a distribution plan that guarantees timely delivery to facilities and communities in need. g) Restrooms and Showers: Manage the transportation of restroom and shower units to designated sites, ensuring timely delivery. Oversee the proper setup and installation of these portable facilities, ensuring they are ready for use and comply with local regulations. Provide regular maintenance and servicing, including cleaning, restocking supplies (such as toilet paper and soap), and addressing any issues. Ensure safe waste disposal and treatment, adhering to environmental regulations for waste management. 2. Types of Events Monroe County is seeking Contractors capable of responding to a wide range of emergencies and disasters including, but not limited to: • Pandemics • Floods • Tropical Cyclones • Wildfires • Erosion • Extreme Heat • Tsunamis • Transportation Incidents • Radiological Incidents • Terrorism • Biological Incidents • Mass Migration Incidents • Planned Events • Other Events 3. Continuous Liaison with Monroe County Beginning on the contract date of execution, the Contractor shall be continuously available to MCEM representatives for response to requests for information,receipt of delivery orders, discussion of contract performance, and other contract administration activities. To 1562 fulfill this requirement, within 30 days of receipt of the Notice of Award of this contract, the Contractor shall submit the following information to the Contract Manager by email: • The name,job title, and contact information for both business and non-business hours of at least one senior manager within the Contractor's organization and a minimum of one similarly qualified alternate, available 24 hours a day, 7 days a week (24-7)to serve as a continuously available liaison to Monroe County. • An organizational chart displaying lines of authorities and assigned responsibilities within the Contractor's organization relative to the performance and administration of the contract. The organizational chart shall include names,position/job titles, contact information for both business and non-business hours, and a description of each person's responsibilities under the contract. Failure to provide this information within time specified may result in cancellation of the contract. The Contractor shall notify the Contract Manager of any changes regarding the Contractor's designated liaisons or organization chartwithin one (1) business day of the change occurring. 4. Emergency and Disaster Activation: Upon level one activation of the Monroe County Emergency Operations Center in response to an emergency or disaster, the Contractor shall: • Upon request by MCEM, immediately deploy senior management personnel and supporting staff to Monroe County Emergency Operations Center, or any other point designated by the Director of Emergency Management to collaborate with emergency management personnel. Personnel should arrive no later than 24 hours from request. Failure to provide a senior management person with spending authority within 24 hours may result in termination of the contract. • When Contractor personnel are requested by MCEM, the Contractor shall provide a list of all personnel responding on their behalf eight hours prior to their arrival to include: company name, individual first and last name, email address, and cell phone number. Only personnel listed on this document will be granted entry into designated locations. • Provide a current and updated list of available resources to the Logistics Section Chief upon request, and provide continual updates while services are engaged. • If responding to multiple incidents simultaneously, document each incident response activity separately for accurate resource coordination and invoicing. 5. Emergency and Disaster Response: During emergency and disaster response operations, the Contractor shall: • Work as a unified and collaborative team alongside local, state, and federal agencies,volunteer and non-profit agencies, and other private sector entities in the fulfillment of missions tasked by MCEM. • Respond to missions tasked by MCEM immediately and efficiently. • Provide rapid on-site deployment and installation of equipment, structures, and supporting materials when mission-tasked by MCEM. 1563 • Provide real-time asset tracking for all missions. 6. Emergency and Disaster Response—Cost Proposals/Quoting: Awarded Contractors may be asked to submit cost proposals for materials and/or services during an emergency or disaster activation at the request of Monroe County. Emergency cost proposals shall be equal to or lower than the contracted pricing. The Contractor may include separate line items for mobilization, demobilization, and market value fuel expenses. All other pricing must be all inclusive unless specifically authorized by Monroe County. 7. Timely Delivery of Materials and Services (Tasks): The Contractor is responsible for performing all management, supervision, and other administrative activities necessary to guarantee performance and strict compliance with the terms and conditions of the Contract. Time is of the essence, as materials and services procured under this contract are required to sustain life in the aftermath of emergency and disaster events that have disrupted or will disrupt normal supplies and services in the emergency/disaster location. Therefore, this Contract requires immediate response with timely production, delivery, and reporting by the Contractor. Failure to provide an immediate and effective response may result in termination of the contract. The date of issue for all purchase orders, delivery times, and start and end of service will be expressed in the local time of the delivery or service location. Deliveries and start of services will be considered timely if made at the specified delivery site within two hours before or after the time specified for delivery in the purchase order. The Contractor shall ensure every delivery is properly reported to MCEM and that MCEM acknowledgement of every delivery is obtained through a Bill of Lading (BOL). The Contractor is responsible for ensuring that every delivery is supported with all required documentation. Invoices submitted to MCEM without the required documentation will be returned to the vendor for corrections. Delivery shall be considered made when the Contractor has obtained written acknowledgement from MCEM of the date and time of the arrival at the delivery site, the shipment is unloaded, and the driver is released by the on-site Monroe County representative. 8. Specific Tasks and Deliverables In addition to the general tasks and deliverables previously outlined, the following tasks and deliverables apply to materials and services. 9. Emergency and Disaster Response Operations Upon activation, the Contractor shall: 1564 • Provide on-site maintenance and decontamination of Contractor equipment based upon manufacturer's maintenance schedule for equipment deployed more than 48 hours. • Conduct final demobilization of equipment at the end of the mission and provide decontamination and rehabilitation of equipment prior to final close-out. 10. Leased Equipment When ordered/mission-tasked by MCEM, the Contractor shall: • Begin mobilization of leased equipment packages within 6 hours. • Provide on-site deployment and installation services for each piece of equipment within 12 hours. • Ensure all equipment delivered is in good to excellent working condition. • Ensure required safety features are in place and in good working order. • Ensure equipment is delivered in a "ready for use" status. Equipment received in an unprepared condition will not be included in the invoice billing period until the Contractor can demonstrate proper"run condition" of the unprepared equipment. Delivered equipment not meeting the contract terms or in MCEM's opinion appears in a state of disrepair shall be replaced with properly working equipment at the Contractor's expense. No invoicing shall occur for equipment not meeting the contract terms or mission requirements. Reasonable wear and tear will be considered part of the lease payments to include scratches in paint, abrasion, and nonstructural or operational imperfections. Rental prices shall include: (i) lease price, (ii) all administrative, reporting, and overhead costs to include routine equipment maintenance, and(iii)profit. 11. Power Generators • Minimum of one (1)week operation phase duration, excluding mobilization and demobilization. • Rental rates only —transportation rates from point of origin and/or point of delivery and/or point of use are not included. • GPS units are required for each generator 12. Maintenance and Repairs of Heavy Equipment • Contractors shall be able to provide equipment fuel upon MCEM's request. • Tire replacements, if needed, will be arranged by the Contractor. • Contractor shall provide an Operations and Maintenance Manual and maintenance schedule for each rental unit at the time of delivery. • Maintenance and repairs are the responsibility and the expense of the Contractor. • Downtime: equipment which has failed shall be replaced within 6 hours of notification by MCEM unless otherwise directed by MCEM. Failure to replace such equipment may be grounds for breach and termination of contract for cause by MCEM. Loss of use/downtime shall be deducted from final billing. 1565 13. SANPACs (Sanitation Packages) MCEM will provide electronic notifications to move or demobilize equipment. The Contractor will have 24 hours to move or demobilize equipment from the site/service location. Contractor will provide daily electronic updates for all sites that require servicing. Updates shall include ship-to location, mission number, service begin date, service update and service end date (if applicable) for all locations. Contractor must service portable toilets and dumpsters. 14. Typed Support Packages (LSA, POD, Cooling, Mobile Disaster Recovery Center (DRC), Mobile Kitchen,Warehouse and site preparation) • Support Packages are to begin mobilization within 12 hours of order. • Equipment within a Support Package will be delivered "ready for use" to MCEM. Any equipment arriving in an unprepared condition will not be included in the invoice billing period until the Contractor can demonstrate it is ready for operation. • Not all sites may be "installation ready". As such, the Contractor must be prepared to provide optional, reasonable land clearing and/or installation of temporary crushed gravel base between 24" as required on a site and remove all gravel upon demobilization of the site. • The Contractor shall be prepared to install temporary chain link fence with all necessary access gates as needed. Fencing shall be removed by the Contractor upon demobilization of the site. • The Contractor shall partially or fully demobilize sites and assets as requested by MCEM. • Upon demobilization, the Contractor shall confirm and document completion of all missions and perform routine and final inspections of all equipment. Contractors will provide the following types of specialized personnel when requested: • Specialists in emergency generating and electrical ground power and distribution systems. • Specialists in emergency pumping, flood fighting and hydrology. • Specialists in selecting and establishing emergency sites to include site prep, grading, soil evaluation and engineering, flood management, lying of both above and belowground emergency utilities. 15. Personnel On occasion, staff augmentation is required for specific disaster response functions. Personnel will be requested by MCEM as needed. Where national standards apply to a position, the contracted personnel should possess the proper certification(s) and/or credential(s). 16. Temporary Structures —Individual Temporary Structures shall begin mobilization within 6 hours of order by MCEM. Temporary Structures shall be in good to excellent working condition. All Temporary 1566 Structures will be delivered "ready for use" to MCEM. Any equipment arriving in an unprepared condition will not be included in the invoice billing period until the Contractor can demonstrate it is ready for operation. The Contractor shall make available to MCEM an Operations and Maintenance Manual and maintenance schedule for each rental unit at the time of delivery upon request. Final maintenance on all Temporary Structures will be line itemized, included in the lease by the Contractor. Maintenance and decontamination will be conducted by or contracted for by the Contractor. Prices for these services will be included on all quote requests and line itemized on the final invoice. Tire replacements, when needed, will be arranged through the Contractor. Upon demobilization the Contractor shall: • Confirm and document the completion of all missions. • Perform routine and final inspections of all equipment and submit final cost accounting. 17. Shelf-Stable Meals Shelf-stable meals will be used for emergency mass distribution. Meal Kit packages must include single use, self-heating, nationally accepted methods. A three-meal,per person,per day package is offered during mass distribution which consists of breakfast, lunch, and dinner in one single waterproof package. These single "one-day per person"meal packages may be either bulk packed, or in cases not less than 24 per master case. This facilitates the ease of mass distribution to the general public. In emergency events, it is not practical to open small cases of either same or variety meals for distribution to the public due to time and staffing constraints. General Product Specifications • Each meal contains a minimum of 1,020 calories. • Each case of 12 meals must contain six different menu varieties. • Each meal to include a minimum of an entree; a side item; dessert; snack; an accessory packet; and flameless ration heater(frh). Must be self-heating through one of several nationally acceptable non-toxic, single use methods. Individual full meal, nutritionally balanced/self-heated non-perishable packaged. • Specifications based on a pack ready meal or equal commercial product. • Meals must be individually packaged and nutritionally balanced. • Freeze dried meals are not acceptable. • Meals must have a minimum shelf life of three years. • Meals must have the expiration/best by date printed on the case. Nutritional Considerations (Deliverables): • All meals must be nutritionally balanced. • Senior/Child meals must have lower sodium content than regular adult meals. • Belief-Based Diets must be provided for as needed. 1567 • Meals should also include options for Halal. Meals should be certified Halal and meet Islamic Halal standards established by the Islamic Food and Nutrition Council of America(IFANCA). • Meals should also include options for Kosher which are prepared under rabbinical supervision. Packaging (Deliverables): • Meal Kit Packaging must be durable and waterproof. • Meal kits shall be packed into either master cases not less than 24 kits per case or bulk packed. All cases or bulk packaging must be durable, water resistant and be enclosed on all six sides. Each case or bulk pack shall be clearly marked with sub and sub-packaging quantity (e.g. 96 each, 3-meal Adult Shelf Stable Meal Kits), stock and lot numbers, date of manufacture, and expiration date. Master Packaging and palletizing: • Cases, boxes or master packs must be packed on a standard 3'x4' or 4'x4' wooden or plastic pallet • Pallets will not be stacked more than 5'6"high to include the pallet • All pallets shall be wrapped at least three times with standard pallet shrink-wrap. • All pallets shall be clearly marked with a placard indicating what the pallet contains (e.g. ADULT or SENIOR ADULT/CHILD MEALS). • Pallets shall contain only one (1) master type (e.g. adult or senior adult/child), although variations in meal types within the master type is allowed. 1568 Post Disaster Logistics Support, 06/23/2025, RFP-589 N C O O VN C,1 C O N p O O V V � O H J Gl Gl Q N N y J V C O J '5 O •a O '+. C E W fC i C J O i J E 0 E V U 0 > w c U_ J J W VN E C N J U a� O c o a N y c ° Q a m J U 0 W C a Q N C9 w _ Cory Schwisow Total Score: 94 92 97 72 80 93 88 91 100 80 87 Rank: 3 5 2 10 9 4 7 6 1 11 8 Shannon Weiner Total Score: 76 89 89 68 82 64 80 82 78 82 68 Rank: 5 1 1 6 2 7 3 2 4 2 6 Vince Kalson Total Score: 72 65 73 58 66 62 65 67 81 67 72 Rank: 3 6 2 8 5 7 6 4 1 4 3 Total Points: 242 246 259 198 228 219 233 240 259 229 227 Ranking: 11 12 5 24 16 18 16 12 r 6 17 17 Z �. CiZfiry Schwisow non (iner Vince Kalson 1569 NON-COLLUSION AFFIDAVIT city of � according to kov on o4t h, and L,pider rialt„y t�l I�c�ljtll�.�Ne.Case and, smt that: a. I am_ of the line ti d" �t the bidder making tl1e P 11 4 lbr the project described in the Request for Proposals for: �.. and that I executed the said proposal with full authority to do so; b. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and C. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and e. 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 contracts for said project. os-hql��L (Signature of Proposer) (Date) l STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed)before me, by means of physical presence or ❑ online notarization, on w (date) by _Q � _....... °...... ............_ _.0 (name of affiant). He/She is personally known to me or has produced 3, (type of identification) as identification. NOTARY PUBLIC My commission expires: - (SEAL ) , � Prank Walker page 51 of 71 My Cat xplres 3O012028 - ` Notary lDi26563048 1570 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER INANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE; (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". 4", A,f�q j,,—Q— (Signature) Date: a-1 o /0-to's— STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed)before me, by means of physical presence or ❑ o line notarization, on 20 (date) by A (name of affiant). Fie/She is personally known to me or has produced as identification. ('Type of identification) NOTARY PUBLIC; My commission expires: (SEAL) Page 52 of 71 g MIRD tl1 4 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes, Sec. 287.097 hereby certifies that: " c . (Name of Business) 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo 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, for any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. Propo is Sign ee Date STATE OF: COUNTY OF: QLzLAi Subscribed and sworn to (or affirmed)before me, by means o physical presence or ❑ online notarization, on AAA4.4 ft W (date) by M t r � (name of affiant). He/She is personally known to me or has produced tw.( (type of ification) as identification. NOTARY PUBLIC (SEAL) My Commission Expires: Page 53 of 71 S Frank Walker my commission Expires 1/30/2026 ct, Notary lD126663048 4 N 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, proposal, or reply on a contract to provide any goods or services to a public entity,may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to 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 in excess of the threshold amount provided in Section 297.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither Danny Maldonado (Respondent's name)nor any Affiliate has been place on the con is r ist within the last thirty-six(36) months. (Signature) Date: 05/19/2025 STATE OF: COUNTY OF: K- ', ?"k ._—.._.-- Subscribed and sworn to (or affirmed) before me, by means of C physical presence or ❑ online notarizatiou,,,on the-' day of - 20 " _(date), by ' (name of affiant). He/She is personally known to me or has produced . C)(,­­_,- (type of identification)as identification. NOTARY PUBLIC (SEAL) My Commission Expires: I b-10 Frank WOW CommissionMY 1/ Qt2028 Expires OF MNotary W26569Q46 Page 54 of 71 ct, 4 w VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): EMERGENCY MANAGEMENT LOGISTIC SERVICES Respondent Vendor Name: Garner Environmental Services, Inc Vendor FEIN: 760134613 Vendor's Authorized Representative Name and Title: Danny Maldonado Executive Vice President of Operations Address: 952 Echo Lane Suite 400 City: Houston State: Texas Zip: 77024 Phone Number281-930-1200 Email Address: dmaldonado@garner-es.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 good or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Danny Maldonado who is authorized to sign on behalf of the above ref renc Authorized Signature: Print Name: Danny Maldona o Title: Exectutive Vice President of Operations Page 55 of 71 1574 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Garner Environmental Services, Inc. Vendor FEIN- 76-0134613 Vendor's Authorized Representative: (Name and Title) Address: 952 Echo Lane, Suite 400 City: Houston State: Texas Zip: 77024 Phone Number: (281)930-1200 Email Address: dmaldonado@garner-es.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means- 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Danny Maldonado, Executive Vice President of Operations who is authorized to sign on behalf of the ab ve referenced company. Authorized Signature: Print Name. Danny Maldonado Title: Executive Vice President of Operations Page 57 of 71 1575 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 the city Of if Lm according to law on my oath, and under penalty of perjury, depose and say that: a. I eZi k--,)0TA1AiVK Vi'ck RA*1'eALK+- of the firm of VW, ��Lc�,..("Entity"), the bidder making the Proposal for the project described in the Request for Proposals for C4AAW1AAt4N &AAk1ft*-nWA - ,h A iL and that I executed the said proposal *ith fuYl authority tO do so; 0 b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the government of a Foreign Country of Concern, as that term is defined in F.S. 287.138, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. c. 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 contracts for said project. (Signature) fdO Date: STATE OF: ��M. COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of El physical presence or El on 'n e notarization, on AA1JJ A (CT aGr (date) by 6WAItA (name of afflant)'.' He/She is personally known to me or has produced 0J.- I MY 13- (type of identification) as identification. N) NOTARY PUBLIC Frank Walker my comission expires 11m3012028 y Commission Expires: Notary ID126563048 Page 58 of 71 4 0) SECTION TWO INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the 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 any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. 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 required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, 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, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. 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 County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. 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. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving Page 40 of 71 1577 the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management Department. PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,0001$500,0001$100,000 Bodily Injury by Accident/Bodily Injury by Disease,policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss,damage,fine,penalty or business interruption, and(iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the Page 41 of 71 1578 claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3.Q. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Danny Maldonado PROPOSER Signature Page 42 of 71 1579 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature Page 43 of 71 1580 A/C ® DATE / Y) `..�" CERTIFICATE OF LIABILITY INSURANCE 05/05/05/20252025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT McGriff,a Marsh&McLennan Agency LLC Company NAME: 9 Y P Y PHONE 713-877-8975 FAX 713-877-8974 10100 Katy Freeway,#400 A/C No Ext: A/C,No): Houston,TX 77043 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Steadfast Insurance Company 26387 INSURED INSURER B:Zurich American Insurance Company 16535 Garner Environmental Services,Inc. See attached Named Insured Schedule INSURER C 952 Echo Lane,Ste.400 Houston,TX 77024 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:M138Z83HM REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY GPL182797903 05/05/2024 07/05/2025 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR DAMAGES(RENTED 300,000 PREMISES Ea occurrence) $ MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY❑JECT PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ B AUTOMOBILE LIABILITY BAP014783007 05/05/2025 07/05/2025 COMBINED SINGLE LIMIT 2,000,000 Ea accident $ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLA LIAB X OCCUR SXS182798103 05/05/2024 07/05/2025 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ Prod/Completed Ops Agg $ 10,000,000 B WORKERS COMPENSATION WC014783107 05/05/2025 07/05/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ 1,000,000 N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ""For Bid Purposes Only— The General Liability,Automobile Liability,and Excess Liability policies include a blanket Additional Insured endorsement.The General Liability,Automobile Liability, Workers'Compensation,and Excess Liability policies include a blanket Waiver of Subrogation endorsement.Coverage is primary and non-contributory as respects to General Liability,Automobile Liability and Excess Liability policies.All as required by written contract,but only for liability arising out of the operations of the Named Insured and subject to policy terms,conditions,and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Garner Environmental Services,Inc. AUTHORIZED REPRESENTATIVE 952 Echo Lane,Suite 400 Houston,TX 77024 Page 1 of 2 ©1988-2015 ACORD CORPORATION. All rights rest 1581 ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: A�oRo ADDITIONAL REMARKS SCHEDULE Page 2of2 PRODUCER INSURED McGriff,a Marsh&McLennan Agency LLC Company Garner Environmental Services,Inc. See attached Named Insured Schedule POLICY NUMBER CARRIER NAIC CODE ISSUE DATE: 05/05/2025 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Named Insured Schedule: Garner Environmental Services, Inc. K-Soly Group LLC Rowdy Products & Supply LLC K-Soly Wash Services LLC Energy Completion Services, LLC K-Soly Chemicals, LLC K-Soly Maritime Services, LLC K-Soly Fuel Services, LLC Excel Transportation and Disposal Services LLC Garner Tallahassee, LLC ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER: MBf 1582 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 1, the city of according to law on my oath, and under penalty of perjury, depose and say that: a. I Aam ;2fivt Vt"Ck Reslla"ti_ 0 - 0CuAA;UAVS of the firm of GVk-k0,k% -ARJ&"iw , I�Lc' ("Entity"), the bidder making the Proposal for the project described in the Request for Proposals for CA AAJAVLrttN AAAkVtov"LA�AA !3kNpl�and that I executed the said proposal gith fuYl authority t6 do so; 0 b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the government of a Foreign Country of Concern, as that term is defined in F.S. 287.138, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. c. 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 contracts for said project. (Signature) Date- STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of El physical presence or El on 'n e notarization, on -AA,-JJ A R. aQS (date) by (name a_AA1e_A &AjAJ4AjAa , of af- - 0ant)'.' He/She is personally known to me or has produced 12 0L_ I wlyl 3-7 (type of identification) as identification. NOTARY PUBLIC Frank Walker My Commission Expires 113012028 y Commission Expires: Notary ID126563048 Page 58 of 71 00 W gym , BOARD OF COUNTY COMMISSIONERS County of Monroe �� r Mayor James K.Scholl,District 3 The Florida Keys � Mayor Pro Tem Michelle Lincoln,District 2 C Craig Cates,District 1 " - David Rice,District Holly Merrill Raschein,District 5 Monroe County Emergency Management 7280 Overseas Highway Marathon, FL 33050 July 8, 2025 RE:Notice of Intent to Award a Contract Request for Proposals for Emergency Management Logistics Services RFP-589 To Whom it May Concern: This letter will serve as notice of Monroe County's intent to award a primary contract to the County's Request for Proposals for Emergency Management Logistic Services RFP-589 at the Board of County Commissioner's Public Meeting, scheduled on July 16, 2025, to Garner Environmental Services, Inc., having the highest ranked proposal. During the scoring process, both Garner Environmental Services and Gothams LLC achieved a score of 259 points. However, when the ranking scores for each bid were compiled, Garner Environmental Services received an overall ranking of 5, whereas Gothams LLC was assigned a ranking of 6. Responses to RFP-589 were received and publicly opened by the Monroe County Purchasing Department on May 29, 2025 The Monroe County Selection Committee for RFP-589 held its Public Meeting on June 23, 2025. Sincerely, Cory Schwisow Interim Director of Emergency Management 1584 ............................... ........................................ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS .................... ........... _ J_ -'aST'N�PiE—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIIE,COMMISSION,AUTHORITY,OR COMMITTEE Merrill-Raschein Holly Board of County Commissioners ................... ................................ ................................. MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 102050 O/S Hwy WHICH I SERVE IS A UNIT OF: El CITY UdCOUNTY LI OTHER LOCALAGENCY CITY COUNTY ............ Key Largo Monroe NAME OF POLITICAL ................................ ................... DATE ON WHICH VOTE OCCURRED MY POSITION IS: 07/16/2025 4 ELECTIVE Q APPOINTIVE .............................. ................ "I'll" 11 1 ............................................... ............. ...................................................... ............... WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. ..................................... ........................ ............................. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAB)under Sec. 163,356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes, APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112,3143 from otherwise participating in these matters However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes (Continued on page 2) ..... .................................. ................................ CE FORM 8B-EFF. 11/2013 PAGE I Adopted by reference in Rule 34-7,01 0(1)(f),FA C APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. .................................. ._................___ DISCLOSURE OF LOCAL OFFICER'S INTEREST I Holly Merrill Raschein hereby disclose that on July 16 20 25 (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to he special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Fi d Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES '112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. Post Disaster Logistics Support, 06/23/2025, RFP-589 cn 0 0 CD o Cl) < I • — .1C 0 F. co 'U :: v co is-'- W � s L - : �..2 2. E a ce g :.: 5 m, o c •— as E: :a c E E .5 >. (7) 4 9 5 8 o LU a-. Cory Schwisow Total Score: iT 94 92 97 72 80 93 88 91 100 80 87 Rank: 3: 5: 2 10 9 4 7 6 1: 11 : 8 Shannon Weiner. Total Score: r'. 76 89 89 68 82 64 80 82 78 82 68 ., , .. .. 4 Rank: 5 1 2 3 7 2 6 1 2 6 Vince Kalson : Total Score: 72 :65 73 58 66 62 : 65 67 81 67: :72 Rank: �: . ; . - ...: 3 6. 2 8 5 7 6 4 1 .4 3 Total Points: 24 246 259 -198 228 219 233 240 .ii0 229. 227 Ranking: iiJ 12 24 16 18 16 12 !s 17: 17 'a/t(4).e.f.d•t.... : m)._ Cory Sc wisow r-'v"- • non ••• - �Di itallysigned by�nce Kalson ' Vince Ka I s o n°oa e:2025.06.3014:23:59-04'00' .Vince Ka son