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Item M05
BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District I James K. Scholl,District 3 - Holly Merrill Raschein,District 5 Regular Meeting June 10, 2026 Agenda Item Number: M5 26-32202 BULK ITEM: Yes DEPARTMENT: Planning and Environmental Resources TIME APPROXIMATE: N/A STAFF CONTACT: Brittany Burtner AGENDA ITEM WORDING: Approval of an Amendment to the Contract with ASAP, Inc. for a 2-Year Extension to the Contract for the Removal, Refloating and/or Demolition and Disposal of Derelict Vessels, Floating Structures, and Marine Debris. ITEM BACKGROUND: The Monroe County Board of County Commissioners (`BOCC" or"County") approved a contract with ASAP, Inc. on April 19, 2023, for services relating to the removal, refloating and/or demolition and disposal of derelict vessels, floating structures and marine debris. The contract with ASAP, Inc. provided a three-year term beginning July 1, 2023, with the option to renew for one additional two- year term. This contract is due to expire on June 30, 2026. The attached contract amendment extends the term for two (2)years under the same terms and conditions as the subject contract; this amendment provides for the subject contract to be extended for the period July 1, 2026, through June 30, 2028. PREVIOUS RELEVANT BOCC ACTION: March 2023 - Approval of selection of nine (9) marine contractors, including ACT Environmental & Infrastructure, Inc., Adventure Environmental, Inc., Arnold's Auto & Marine Repair, Inc., ASAP, Inc., Coffin Marine Services, Inc., DRC Emergency Services, Hutchings and Sons, Inc., Kearns Construction Company, and Key West Harbor Services, Inc. April 2023 —Approval of Contract with ASAP, Inc. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: The attached contract amendment extends the term for two (2)years under the same terms and conditions as the subject contract; this amendment provides for the subject contract to be extended for the period July 1, 2026, through June 30, 2028. STAFF RECOMMENDATION: Approval. DOCUMENTATION: FINANCIAL IMPACT: Effective Date: 07/01/2026 Expiration Date: 06/30/2028 Total Dollar Value of Contract: $0.00 Total Cost to County: $0.00 Current Year Portion: N/A Budgeted: Source of Funds: N/A CPI: N/A Indirect Costs: $0.00 Estimated Ongoing Costs Not Included in above dollar amounts: $0.00 Revenue Producing: No If yes, amount: Grant: No County Match: No Kevin Madok, cPA ...... Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: May 1, 2023 'FO: Iiii(i.my 11tiriner, Sr. Administnatm- Nlarine Resources FROM: I'Milcla G. SIJBJF=- Apo-11 Atlached are clectr(mic c(q)[cs (&Ilic 1*011(miiig itents fOr N,()ui- han(fling: P 3 C(milract witli Arnold's Aut(r& Niarine Itepair, [tic. 1'()z- Rem(wA, 1101(wing and/(w Dc.nmllitimi and Disjx)sal ()I'Derchicl Vessels, FI(mling Structures, and Mwine 1)cbris. A t (Anitracl with A(7 1"'[wiromirewal& Infi*ast-ructurc, ]Inc. kw Reinma.1, Rell(wing md/(w DcrmAitimi and Disj)()sal (dDerclicl Vcsscls, I'l(Wilig SIFLICtures, and Nlwinc Debtis. J(), (Anil.racl Nvidi ASAP, [it(-., 1'()r Removal, Refloating an(l/m- 1)(AimlilMn and Dispo .sA (A' Derelict Vessels, 1,1(wing Stmclnrc� ;Uld kfarine Debtis. Shmild ymi have any (lucstions pleaw 1*ccl free to c(nitact, inc at. (30,5 292-3,550. CC: (A)II11ty "W(wileN, Finance FlIc KEY WEST MARATHON PLANTATION KFY PK/HO-IH BUILDING 5 1 00 ftteheadStreet 3117 Overseas Highway 88820 Overseas Highway 50 High Point R)A Key WetA,Florida 33040 Maraffion,Florida 33050 Plantation Key,Florida 33070 flantition Key.Floxi(ta 330-10 305 294-4641 305-289-6027 305-852-7145 305-852-7145 MONROE COUNTY CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS, FLOATING STRUCTURES AND MARINE DEBRIS This Contract is made and entered into this 19th day of April , by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and ASAP, INC. ("CONTRACTOR"), whose address is 91795 OVERSEAS HWY., P.O. BOX 804 TAVERNIER, FL 33070 Article 1.1.0 Representations and Warranties and Term of Contract By executing this Contract, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses,permits, or other authorizations necessary to act as CONTRACTOR for the COUNTY until the CONTRACTOR'S duties hereunder have been fully satisfied. 1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a manner that they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as part of this Contract will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.4 The CONTRACTOR's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of Tasks expressly assigned by the COUNTY. In providing all services pursuant to this Contract, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Contract and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent contractor and not an employee of the COUNTY. No statement contained in this Contract shall be construed so as to find the CONTRACTOR or any of his/her employees, subcontractors, servants, or agents to be employees of the COUNTY. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring,promoting, terminating, or any other area affecting employment under this Contract or with the provision of services or goods under this Contract. 1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by both of the parties. 1.1.8 Term of Contract. This Contract shall commence on July 1, 2023, and terminate on June 30, 2026, unless terminated earlier under the terms of this Contract. The COUNTY and CONTRACTOR shall have the option to renew this Contract for one additional 2- year term under the same terms and conditions as this Contract, exercisable by mutual agreement upon written notice given at least thirty(30) days prior to the end of the initial term. The services to be rendered by the CONTRACTOR for each individual Task Order shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless modified in a signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. At no time shall the CONTRACTOR commence work without written authority from the COUNTY. Article 2.0 Scope of Services. The CONTRACTOR shall do,perform, and carry out in a professional and proper manner the Scope of Services described below. SCOPE OF SERVICES Duties consist of retrieval, removal, refloating and/or demolition and disposal of derelict vessels, floating structures and marine debris. Duties may also include (1) Removal and disposal of non- derelict vessels, as applicable, and (2) To cover, remove and/or dismantle off-premises marine signs from vessels or floating structures, and, or to remove and dispose of, or relocate and store off-premises marine signs, or vessels or floating structures with off-premises marine signs, as applicable. This includes proper reclamation and disposal of associated hazardous waste and cooperation with law enforcement where needed to properly preserve evidence using photographs and other methods of preservation as directed by law enforcement. The project will be made up of individual jobs authorized by task order consisting of retrieval, removal, demolition and disposal of a vessel(s), floating structure(s) or marine debris located on the land or in the waters of Monroe County, or adjacent thereto, as requested by the COUNTY. The CONTRACTOR will be responsible for supervision of each job from beginning to end including the scheduling, labor, monitoring, providing necessary equipment and reporting progress to the County designee in the Marine Resources Office. When a vessel, off-premises marine sign, derelict vessel, floating structure or marine debris is identified, the COUNTY will contact CONTRACTOR(s) in the applicable geographic area and provide the details of the job; details shall include, but not be limited to the location of the job, the nature of the debris, the size of the vessel or floating structure, whether the vessel or floating structure is constructed of wood, fiberglass, concrete, metal, and whether any hazardous materials are known to be aboard. The CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the job, and the time in which the CONTRACTOR is able to respond, a description of the job and the time needed to complete the job. The COUNTY will promptly choose a CONTRACTOR and assign the particular job. In the event of a tie on the low quote, the County may, (1) not accept the quotes received and issue another Invitation for Quotes, or (2) communicate with the respective quote-responding contractors to see if any would allow a tying contractor to be awarded the job. At no time will any CONTRACTOR be authorized to undertake a job without the express authorization of the COUNTY, in the form of a Task Order. In the event of an emergency job, such as a fuel leak or hazard to navigation, the CONTRACTOR will provide a quote via e-mail as soon as possible, and the COUNTY may choose a CONTRACTOR the same day as the pricing request in order to expedite the job. The CONTRACTOR will provide all necessary and adequate equipment to complete the task including vessels, vehicles, personnel and protective equipment. The CONTRACTOR will provide all materials needed to accomplish the assigned job, including necessary equipment for proper handling of hazardous materials and will strictly adhere to all precautionary and safety requirements. CONTRACTOR shall be responsible for the job site at all times during the work. CONTRACTOR is required to have active licenses required to fulfill the requirements of each particular job. The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the marine environment. CONTRACTOR agrees to immediately abide by the orders to stand down or stop work if advised to do so by any county, state or federal agency. If required to stand down by any state or federal agency the CONTRACTOR shall notify the COUNTY as soon as possible. It is the CONTRACTOR's responsibility to ensure that he removes the correct vessel, floating structure, or marine debris. Prior to any work on the vessel, floating structure or marine debris, the CONTRACTOR shall take representative photographs including the exterior(capturing any unique or identifying features such as registration numbers or name) and interior(if applicable) at the initial site. Representative photographs shall be taken during the removal and again at the dump site prior to demolition. The CONTRACTOR shall not be required to take interior photos of the vessel if, in the best judgment of the CONTRACTOR, it is not safe to do so. Photographs should be properly dated, indicate the name of the person taking the photographs, and a complete set of the photographs shall be provided to the COUNTY with invoicing. Photographs are considered to be an integral part of the work. CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will constitute cause for immediate termination of the contract. 2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR. 2.2 Notice Requirement. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this Contract shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: To the COUNTY: Monroe County Board of County Commissioners Marine Resources Office Attn: Senior Administrator- Marine Resources 2798 Overseas Highway, Suite 410 Marathon, FL 33050 For the CONTRACTOR: Joseph J. Frins, President ASAP, Inc. 91795 Overseas Hwy. P.O. Box 804 Tavernier, FL 33070 However, if COUNTY requests a price quotation(s) from the CONTRACTOR the request and response thereto may be accomplished by electronic mail ("e-mail"). Selection of the CONTRACTOR by the COUNTY and the terms of the individual job may be accomplished by e-mail notification with a Task Order LI) authorizing the work to be completed, and(22,) signed by the COUNTY prior to the commencement of the work. Furtherinore, a Notice of Termination may be accomplished by e-mail,but shall be immediately formalized in writing by the party seeking to terminate and sent to the other party by certified mail,return receipt requested. Article 3.0 County's Responsibilities 3.1 The COUNTY shall provide full information regarding requirements for the fulfillment of authorized Task Order(s) issued to the CONTRACTOR, with the understanding that the site conditions to which such information pertain or relate may be subject to change. 3.2 The COUNTY shall designate a representative to act on its behalf with respect to said issued Task Order(s). 3.3 Approve a schedule for the completion of individual Task Order(s)mutually-agreeable to both the CONTRACTOR and the COUNTY. 3.4 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the work performed or non- conformance with this Contract. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 3.5 The COUNTY's review of any documents prepared by the CONTRACTOR shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. Article 4.0 Authorization of Work Assignments, Subcontractors 4.1 All assignments of work shall be authorized in a signed Task Order in accordance with the COUNTY'S policy prior to any work being conducted by the CONTRACTOR. 4.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Contract. Authorizations shall be dated, numbered and clearly relate to the specific job assignment so that they can easily be related to the specific assignment. Where available, the authorization shall refer to the name of the vessel, and its location. 4.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this Contract without the written consent of the County, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Contract. CONTRACTOR may subcontract a particular Task Order or portion of a Task Order only with the specific written consent of the COUNTY'S representative. If subcontractors are approved it is the responsibility of CONTRACTOR to inform the subcontractors that they must carry the same amount of insurance as the CONTRACTOR. The CONTRACTOR shall provide the COUNTY with proof of coverage before allowing a Subcontractor to do any work on the job. Article 5.0 Indemnification and Hold Harmless 5.1 The CONTRACTOR covenants and agrees to hold harmless the COUNTY/Monroe County and Monroe County Board of County Commissioners, and its officers and employees, from liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, actions, costs, obligations, and attorney's fees, or liability of any kind(1) arising out of, related to, or in connection with the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s), and other persons employed or utilized by the CONTRACTOR in the performance of the CONTRACT, or (2) arising out of, related to, or in connection with the willful non-performance of the CONTRACTOR. The CONTRACTOR shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of the Contract, including those of any subcontractors. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that he/she shall hold the COUNTY harmless and shall indemnify him/her from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 5.3 In the event completion of the work assigned (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the COUNTY or CONTRACTOR, the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 5.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be entitled to damages for delay 5.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. 5.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. 5.7 This indemnification shall survive the expiration or early termination of the Contract. Article 6.0 Compensation 6.1 Payments. The compensation available to the CONTRACTOR under this Contract shall be determined by the COUNTY on the basis of price quotations received from approved CONTRACTORS and the necessities of the individual job(s). The CONTRACTOR is responsible for evaluating the request for removal and responding in writing with a quotation for the job, a description of the job, the amount of time by which the CONTRACTOR can begin the particular job, and the time necessary to complete that particular job. 6.2 For its assumption and performances of the duties, obligations, and responsibilities set forth herein, the CONTRACTOR shall be paid in accordance with assigned Tasks and completion of Tasks, based on submitted invoices. All invoices must meet Natural Resources Conservation Service ("NRCS") standards and requirements. (A)If the CONTRACTOR's duties, obligations, and responsibilities are materially changed by amendment to this Contract after execution of this Contract, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Contract, the CONTRACTOR shall timely submit proper invoices for services and work properly rendered and reimbursable expenses due hereunder. The CONTRACTOR's invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at which the COUNTY may require. 6.3 It shall be the CONTRACTOR's responsibility to pay any and all disposal fees at a transfer station(s) or other licensed disposal facility or recycling center. In addition to the foregoing invoice requirements, the CONTRACTOR is required to provide the COUNTY with a disposal receipt along with any invoice(s) for associated or otherwise related specified work. 6.4 The billing rates of the CONTRACTOR for a particular job shall be determined and mutually agreed upon in writing, by and between the CONTRACTOR and the COUNTY, in a written Task Order prior to COUNTY authorization for the CONTRACTOR to commence the work. 6.5 Payment Sum. The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance of such work. 6.6 Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk". Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk's disbursal of funds. The request must describe in detail the services performed, the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. 6.7 Reimbursable Expenses. Expenses potentially reimbursable by/from non-County federal and/or state government agencies, incurred by the CONTRACTOR in the interest of the work include the following expenses: (A)Reimbursable expenses including transportation (excluding airfare), lodging, meals and incidentals are included in hourly rates shown approved by the COUNTY and CONTRACTOR for each discretely identified position. (B)Cost of reproducing maps or drawings or other materials used in performing the scope of services. (C)Postage and handling of reports. (D)All other expenses are non-reimbursable. 6.8 Budget. The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Contract in each fiscal year(October 1 - September 30)by the COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. The COUNTY's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of Contract initiation, and its duration, and its duration and approval of NRCS and receipt of funds by NRCS. Article 7.1.0 Insurance 7.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Contract is in effect. In the event the completion of authorized work is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 7.1.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate this Contract. 7.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 7.1.4 Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the insurance required under this Contract, shall not extend deadlines specified in this Contract, and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time. 7.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. 7.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured on the CONTRACTOR's Commercial General Liability and Business Automobile Liability insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 7.1.7 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the insurer. 7.2.0 General Liability Insurance 7.2.1 As a pre-requisite of the work governed, or other goods supplied under this Contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this Contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached schedules. 7.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material) until satisfactory evidence of the insurance required by this Contract has been furnished to the COUNTY as specified herein, and where applicable the CONTRACTOR shall provide proof of insurance for all approved subcontractors. 7.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 7.2.4 Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: (A)Premises Operations (B)Bodily Injury Liability (C)Expanded Definition of Property Damage The minimum limits acceptable shall be: • $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: (A)$200,000 per Person (B)$300,000 per Occurrence (C)$200,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Contract. In addition, the period for which claims may be reported should extend for a minimum of twelve months (12) following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire term of the Contract and any extensions specified in the attached schedules. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A certified copy of the actual insurance policy. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 7.3.0 Vehicle Liability Insurance Requirements 7.3.1 Recognizing that the work governed by this Contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned,Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: • $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: (A)$200,000 per Person (B)$300,000 per Occurrence (C)$200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 7.4.0 Workers' Compensation Insurance Requirements 7.4.1 Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. 7.4.2 In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: (A)$100,000 Bodily Injury by Accident (B)$500,000 Bodily Injury by Disease,policy limits (C)$100,000 Bodily Injury by Disease, each employee (D)Employer's Liability- Statutory limits 7.4.3 Coverage shall be maintained throughout the entire term of the contract. 7.4.4 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 7.4.5 If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the CONTRACTOR'S Excess Insurance Program. 7.4.6 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 7.5.0 Jones Act or Watercraft Coverage is Required 7.5.1 Recognizing that the work governed by this Agreement involves Maritime Operations, the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) and the United States Longshoremen and Harbor Workers (USL&H) Act(33 USC sections 901-950)with limits not less than $1 million. Watercraft coverage shall also be included with limits not less than $1 million. • Pollution Liability Coverage with minimum limits of$1,000,000. The COUNTY shall be named as an additional insured with respect to the CONTRACTOR's liabilities hereunder. 7.5.2 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the COUNTY during the terra of this Contract. The COUNTY will not pay for increased limits of insurance for subcontractors. 7.5.3 The CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. Article 8. Termination. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. 8.1 Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty(30) days written notice of its intention to do so. 8.2 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sure due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed $140,000.00. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.3 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed $140,000.00 8.4 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5),Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes, or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 8.5 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. Article 9. Maintenance of Records and Right to Audit. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7-years from the termination of this Contract or for a period of 5 years from the date of submission of the final expenditure report in accordance with 2 CFR §200.333, whichever is greater. Each party to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public records purposes during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or County Clerk determines that monies paid to CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by COUNTY or the County Clerk to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by COUNTY's representative and/or agents or the County Clerk. COUNTY or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to CONTRACTOR. The right to audit provisions survives the termination of expiration of this Agreement. Article 10. Public Access and Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Florida Constitution. The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents,records,papers, letters, or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with and in connection with this Contract and related to Contract performance. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party,be entitled to reimbursement of all attoarney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the Contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records,provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the COUNTY. (4) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perfonn the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY Contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records Contract provisions in accordance with the Contract, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE#305-292-3470 BRADLEY-BRIAN(a)MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Article 11.1.0 Miscellaneous 11.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its obligations under this Contract, except in writing and with the prior written approval of the COUNTY and consistent with the Contract, which approval shall be subject to such conditions and provisions as the COUNTY may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Contract. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 11.1.2 No Third-Party Beneficiaries.Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 11.1.3 Public Entities Crimes/Convicted Vendor. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Contract, CONTRACTOR represents that the execution of this Contract will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 11.1.4 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Contract. Any conditions imposed as a result of funding that effect this Project/Scope of Work will be provided to each parry. 11.1.5 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Emplovment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a forinal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 11.1.6 Code of Ethics. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 11.1.7 No Solicitation/Payment. The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Contract without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. 11.1.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the full amount of any fee, commission,percentage, gift, or consideration paid to the former COUNTY officer or employee. 11.2.0 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Contract, and that only interest of each is to perform and receive benefits as recited in this Contract. REQUIREMENT TO USE E-VERIFY In accordance with F.S. 448.095, the CONTRACTOR and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The CONTRACTOR shall comply with and be subject to the provisions of F.S. 448.095 11.2.1 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 11.2.2 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 11.2.3 Davis-Bacon Act, as Amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR(s) must also comply with the Copeland"Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) CONTRACTOR. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as maybe applicable, which are incorporated by reference into this contract. (2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the Contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the CONTRACTOR or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 11.2.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or pen-nit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1)the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual was required or pennitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4). 11.2.5 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 11.2.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as Amended). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act, as amended(33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency(EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 11.2.7 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a"covered transaction" (see 2 CFR 180.220)must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp.,p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. CONTRACTOR is required to verify that none of the CONTRACTOR's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded(defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later detennined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 11.2.8 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the attached certification must be signed and submitted by the CONTRACTOR to the COUNTY. 11.2.9 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $l 0,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 11.2.10 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR§ 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i)For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 11.2.11 Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States"means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 11.3.0 Other Federal Requirements. 11.3.1 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 11.3.2 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Contract. The DBE requirements of applicable federal and state laws and regulations apply to this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Contract. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Contract. 11.3.3 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors or subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor or subconsultant during the Contract term. 11.3.4 NRCS Regulations. NRCS administers the EWP program through the following authorities: • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and • Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR 624. 11.3.5 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 11.3.6 DHS Seal, Logo and Flags: CONTRACTOR shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 11.3.7 Changes to Contract: The CONTRACTOR understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and CONTRACTOR. 11.3.8 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. 11.3.9 No Obligation by Federal Government. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, CONTRACTOR, or any other party pertaining to any matter resulting from the Contract. 11.3.10 Program Fraud and False or Fraudulent Statements or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR's actions pertaining to this Contract. 11.3.11 The CONTRACTOR is bound by any terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management. 11.3.12 Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by CONTRACTOR under this Section. CONTRACTOR shall give COUNTY written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. CONTRACTOR shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The COUNTY will not pay additional cost as a result of an Uncontrollable Circumstance. The CONTRACTOR may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 11.3.13 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. Article 12. Non-Waiver of Immunity.Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Contract and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Article 13. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Contract within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Article 14. Legal Obligations and Responsibilities -Non-Delegation of Constitutional or Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state statute, and case law. Article 15. No Personal Liability.No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. Article 16. Non-Reliance by Non-Parties.No person or entity shall be entitled to rely upon the terms, or any of them, of this Contract to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Contract. Article 17. Governing Law,Venue,Interpretation, Costs and Fees. This Contract shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Contract, COUNTY and CONTRACTOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Contract shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Article 18. Attorney's Fees and Costs. The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Article 19. Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Contract or by Florida law. This provision does not negate or waive the preceding provisions of this Contract concerning termination or cancellation. Article 20. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Contract, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings,processes, meetings, and other activities related to the substance of this Contract or provision of the services under this Contract. COUNTY and CONTRACTOR specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. Article 21. Severability. If any term, covenant, condition or provision of this Contract (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Contract would prevent the accomplishment of the original intent of this Contract. The COUNTY and CONTRACTOR agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Article 22. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary County and corporate action, as required by law. Article 23. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their respective legal representatives, successors, and assigns Article 24. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Contract are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage /r, Artic other factual ur�.ft cost: . All such adjustments must be mule withinague year following d of the Contract. fc 25. Section Headings. Section headings have been fmserted in this Contract as a matter convenience ce of reference only,and it is agreed that such section headings are not a part of this f'.'untract and will n. t be used in the interpretation of any provision ofthis Contract. Article 26.Exetution in Counterparts.,rhis Contract may be executed in any number of counterparts,each of which shaft be regarded as an original, of ofwelch taken together shall. constitute one and the sarne instrument,and any ofthe parties hereto may execute this Contract, by signing any such counterpart, In Witness Whereof',the parties have executed this contract as indicated below. ,0 Mo, WMM11D "tdeptAt°y Clerk ...�w...,�.���._._._... Craig Cates WIC' Ot By- PrtrJName,.m ...Qatto P atnec� � .. CD Ll� .... ..__ ..�. 1'Bt1 u?rA--,. 4_—� c,> COUNTY'MONROF ATTOA. Print Nam;, � �V!p o STATE OF COUNTY Subscribed arid,worn to tier affirm dt before means fs st t presence or 0 online notarization, n (date) " � . (name of at 'ant), t Shre is personally known to me or, has rnduuce '-d. an Mtn. OTARY PUBLIC L 41 ;0T=ARYPt1R 4L00y ULL carnrntsstcn Expires: rY P01 Bran of Flooda . ' q Comm.Expires Jun 26,2026 80nd0u fte U1h Kuua COAL HO(x A$w SECTIONTUREE: COUNTY FORMS (Ft RNISTO BE SUBMIrrED WIT14TA13BE'D INFORMATION- SEE SEC'11ON 1, 11) ATTACHMENT A Certification Regarding Debarment or Suspension In ciornpliance w1th Agreenients and grairts agreements applicable under the U,S, Federal Awards Prograni, the following certification is required by all Proposers submiurrig a proposal in response to this,Request for Quzdlficat]Ois: 1 , The Proposer certifies, to the best of its knowledge and Belief; that neither the Proposer nor its Principals are SUSpended, debarred, proposed for debarnient, or declared ineligible for the award of Agreements from: the United States Cederal government procurement or non-procurement prograins, or are listed in the 1---'1xc1uded Pat-ties Ust Systern in the System for Award N/lanagement(SAM) issued by the General Services Administration. 2. Principals, for the purposes of this certification, rneans officers, direotors, owners, partners, and persons having primary aianagenient or supervisory resi,.)orisibilities within a business entity (e-g., general manag�er, plant manager, ficard of a, subsidiary, division, or business,segntei-It. and slinilar positions). 3. The Proposer shall provide Lint-nediate wraten- notice to the MCBOCC Director of Purchasing if, at any time prior to award, the Proposer learns that this certificatMtl was erroneous, when subtriitted or has becorne erroneous by reason of other circullistances. ']"his certification is a material representation of fact upon which reliance will be placed when niaking the award, ff it is later determined that the Proposer rendered an erroneous cert I f,ication, in addition: to other rernedies available to N/ICBOCC's Director of' Purch.asing inay tei aiinate the Agreeirient resulting fron, this solicitation for default, Printed Name of'Represen tat ive: -foseph J Frins, F'resideni Signatu re/Date. ................. Cornp,"Iny Naiw �ASAP, hic/ Address:. P,01 Box 804, 91795 Overseas lj�Lv__ City/State/Zip. 'Favernier, FL,33070 SSN or CIN No: 59-2363567 42 ATTACHNIEN'T 0 Condition or Submitting proposal 1-he widersip.,rued Proposer has carefully exaniined all instructions. requironents, specifications- terms, and conditions of1he RFQand Agreement and cerfiFies. 1, It IS as MpUtable company regularly engaged it) providing goods wictlor services necessary; to meet the requirements. speci6walions. lerms., and conditions of the RFQmd Agreement, 2' It has the necessat-y experience. knowledge., abilities, skills, and I-eS0Ul`CCS to saust'actorily perform the reClUiremews, sjvcificattons, throats® and conditions of the RFQ 'and the Agreelnen,(, I"w"ther, if awarded, Proposer agrees to perform the requiremerits, specifications, terrus., avid conditions of the RFO and Agrecaient, 3. All slatenievils, information, and representations p-epared and submitted in response to flie RFQ are current. complele, true., culd accurate. Pn.,)poser ackjiovvledg�es thal Mohr(. Cowity Bo,-,ird oI'CountN� ("onimissloners' (MCB007) will rely, on such statements., inf6rmation., and representations In selecting the successt"61 proposer(s). 4, That the 1)rices quoted shall be MCBOCC's pricing for the product andJor services I'or the iiine stated in the RFC;`, 6. 1( shall be bound by MI stalements, representations, warranties. arid guarmitees made in its Proposal, & Proposer acktimdedges that the Agreeniei,U may, be canceled at any time, IfanN, conflict of interest or appearance ofa conflict ofiTiterest is eiiscovered to MCB&C. In Its Sole(fis"Cretion, 7, All j)UTChUSe OrdffS Most be dUIN' aWth0ruZed zind executed by MCBOCC and subIect to tile to rugsmid cot'iditim of 1he RTQ and Agreement, is By checkin g this box, Prol)oser agrees that 1 pCI10CC reserves the r'ght to extend [lie terms, wnditlons, and prices ofthis Agreement if) other Institutions (such as State, Local md/or flublic MCBOCC) who express an interest in paro I cipaorig ill gar V Ageement that resUltS from,this RFQ, Each of the pip I ,v�yback insututions will issue their own jJU1-Ch11,SiFlg, docui,nems, for Ihe goods/ services. Proposer agrees, that MC OCC shall twar no re.sponsibility or liability for any agreemems between Proposer and the other 1'ristittrtion(s) who desire to exercise tbis option, VENDOR LEGAL NAME:ASAP, Inc AUTHORIZED SIG UR DATE: I � S PRINT NKWt��' TITLE: Joseph J Fdris, President I............. ................ PO Bo x 804 CITY, STATE,ZIP: Tavernier, FL 33070 ........... PHONE: 305- -4554 EMAIL: asapmarine@hotmail.com 43 ATTACHMENT C 1,0BBYING XND CONFLICT OF INTEREST CLAUS SWORN STATEMENT UNDER ORDI,NikNCE NO.010-1990 MONROE COIJNTY,FLORI 0A F-11 TICS(."LAITSF ASWI kc, .......... (Cimpany) "mmuls Mw heAt Ww nm emooycl rumied or o0wrwke Imd taw on hisAm bAdf mg Rwmer Chmmy oOlmr or employee of'seclion 2 o'(Wrimwe 15. 0 100 TM or any Cxmjity ot'ficer or cail,-floyee iii violation of Skedwi 3 ofWa iwAT m,f o in Is dkcrebon, WTIDIVIU(C A�,jTC111ent w1how IWAy and nmy Tar, W W dikerebon. &dml Rmm to ApvmwM or pwAme pi ice, 01 oll lei vvisc I eco%cl the full wrlouna ot,any Ice, perccnu,agc, gift, ot paid u,) the fornwr Cminly officm or einployce .......... ... ........ mute atule C xl �e�p" Dalc Borida COUNTY f,)i"' Stibsefibed and sNA cirn to R,or affirmed) 110'ore me, h) n-icans as hysical prc�cllce ov 0 Online noulrizwion- o'n (datc) by �.t"r^Sela a 1 Frin-�' (mm of .....------ ......... Who= I W/She is pernmMly kmtnvn w me or has Modmed JACIAm ............. 0"v,PC 0& aclratal'uaa�tt anal as BRANDI HORTON FIRA NoMq We-Rate of Plomrida Commission#4H 257888 myComm.Expir"AP11MI Bqpdec throLgh Namwm mmary�ivl ��"� m =' my C"on-umssion 1""Xpires� phpo 7-(0 44 ATTACTUMENT D NON-COLLUSION AFFIDAVII 1, . josegh J FrIFIS ofthe city (),f Tavernier, R, aceordln,g, to Baru on my oath, and under penalty ri'ofpeUry depose and say that: I ani, the President of the firm of —...LN,$AP In , the resporident making the Proposal for the pro.ject described in the Noficefor Calling For bids for RFQ, to perform rem,2yAjj�f oat-n g, andlor dei-violmordis os,al of derelict vessels and that I ex,ectited the said proposal with full authority to do so,: The prices in this bid have been arrived at independently withotit collusion, constillation, communication or agreernent for the purpose of restricting competition, asto any matter relating to such prices with any other reSPODdent or with any C01,11petitor., Unless otherwise re(juired by law, the prices which have beeii� quoted III (rhis bid have not been knowingly disclosed by the respondent arid, will not knowingly be disclosed by the respondent prior to Mld opening, direc-tly or indirectly, to any other respondent or to any competitor, and No attempt has been made or Will be made by the respondent to indUce,any other person, partnership or corporabonto subsnit, or not to submit, a bid For the purpose of restricting competition; and, The statements, convained In this affidavit are true and correct, and inade with full knowledge that MOT]We COUnty reliels, upon the truth of the st is contained in this at I",idavit in awarding relies " ""'c"'t "I'd pro e f Rsj ndent) (Date) A greements for said pro' (S' Lire of Resj ndent) STATU.," Florida COUN'Ty OF, Monj-oe SubsQribed andswOln t(�,(orafilnned)beforc vtw� ti�, rricans of sical presence or 11 ordine n(fl,"IrizatiolL On av ate LLSYP 10 MC OT Jrta pr(-.)dtjced 1�,we W,Identifien Lion)as a&Mil icafion, t-L -44��.........�... SRUNDI HOMN qotar�pubii4-state of P106da HH 7,52SH T Y ?1 11 �,e I Y 1, 1111C Air wlb of �v 45 ATrACHMENTE DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: ASAPInc ..............-.............................— (Narric(WBUSIness) I Pubhshes as statement notifying enliployees that the unlawful' manufacture, distribution, dispensing, possessioti, or use of a Controlled substance is prohibited in the workplace artd specifying the actions that will be taken against cirliployees, for v iolations cat"such prohibitiom 2. Infornis employees about the dangers of drug abusein the workplace, the business's policy of i'naintaining, to dill-L14ree workplace, arty avaflaWe drug, counseling, rehabilitation, and eniploye , assistance pro grains, and the penilties th,.tt may be imposed upon ernployees for dmg abuse violations. I Gives each employee engaged in providing the corturiodities or contractual services that are under bid a. copy of the sUitement specified in subsection (I). 4 In the scat enient specified M SUI)SCO1011 (1), notifies the employees that, as, as condition of working on the conirn od i ties or contractual services deal are under bid, the employee, will abide by the terms of the statement and will notif-y the ernployer of any conviction of, or plea 01'gUilty or rjolo oontendere to, any violation of Chapter 993 (Florida Statutes) or of any con'trolled substance law of the United ;States or any state, For as violation occurring in the workplace no later flian five(5) days after SUCh COnVICtIon. 5. Imposes a sanction on, or require the satisl,actory participation in a drug abuse assistance or rehabilitation prograrn dsuch is available in the employee's, community, or any employee who is so Con"victe(t 6, Makes a good faith effort to continue to maintain a drug-free workplace through mip lanai eirtation: of this section, As the person aUthOl'ized to sign the statement, I certify that. this firtn complies fully with the above requirernents. 0 1-i&t ............................................... (' fir;-NTY C)F", ........... S I 'b I and sworn to (oi all"Imled) before jlrle, b'V mc',Ins a j1o04� sica-1 Iprese7 nec or F onfinc, ru.%,triation oon t eoflw' knoml towane) i) F� &Ce— rins ofd iderifflic, noWas NO� M=36C f'BRAND I HORT014 Notary Pc -state of horidd commtsslan#HH 252888 my comm�Exp�res Apr 11,2026 throulb HatiWal NOWY AM,", Em. ATTACTIMEN'r F PUBIJC,-L�NITIJ I Y CRUME STAJ EMEENT M pawn or allMme w1m; As licen placed of, the corrvicted voWcw Ha AAWMng a omiviewn Ru putd, einity akrw army no Mmh a hk on a smUnct to provide any ymxh or suMes to a IlUblic enfitv,may nou stil-milil a Nd m-1 a oinrracl xvith a put)hc entity for the conummobn or rqmh of a pulik bruiklig o"uMic wurin nmy nM sAmb bils on leases of rear Properly it) pul,11c entity, jjjrty jwj he awanied or purAmn mM as a CONTRAMM iqQu, or ('(',)NTRA(2T()1Z under a contruci kvrih cmy put)he enrity, and aray not trallsact husirics's with any pul'flho cniq in exce""s CW be MOM amourit pnwAkd hi SeMAn 2M7 OJ 1 nx CATEM MY TWO taw a pumd of 16 numts hmn Ow date Wleing placed on the uorrviutcd vejrdor list:"' I hme rnd be aRve arW staic that neiler )NSP%P Inc (Respondent's, tname) irw- any Affiliate has been plaud on the convicled vendor list nt rl^ axte . ............ ............ SJ ATE 11orija (20UNTY Monro , SWUM and gwom to (or affiniked) before irne, by rne,8,14S Of &-61caj ple'sunec, ow Ej online nolari/mtion, or) tdae) hey _____Jovj?jj afliant). Heal �raalo kwwn W nie ur has produced or KAMA&as rdeMen6on. 4ZaAr�r' l BWWM HCRON State of Floridallotary Public-State of Florida A Y 4 Ho 252888 CummhMon#HH 25MA8 6 my Comm,Expirems Apt 13,M6 C am A=gh Nhcoml 14'atary AMA, NO= 171 Q.12a D 1 47 ATTACHMENT G ,Scrutinized Companies List VENDOR C ERT U1 CATION REG A RDIN C' S!2RUrt N I ZED COWANIES JEASTS, 14004 lksailkon(s) R10 ...................------ Ven&n FMN�,190163567 Veudoi"s ArAhofved Represwitativc Name and'hde tyctclrcn 9 t 795 C)vvi seas x-8-04..................... city� ,F"I"ernior State: ............................. 71lone Nuinbw: 3(i5 ,-4554 F',nwad Addrew as )r!,lmue" Section 28T 131 FlorMa StW=pruh%a emipany Sm Wkg on, submIting,,,i propc)sal for,of-erdering intca or luwwmg a MMUM Or goods or Sef`000S C6''UTly UY11OUnt ik ROVIC We of Contfuefing of rene"Val,flic Company i's'orl fl,ie Scriifinized COMparnes Al lkyeou Israel 1j* onawd punuam to Suckm 215AN! 14mWa SWUW or is enpqed in a Ifycwt of Isract, SeciioTi 28TI35� Hori(h Swwwy ako PMWNW 0"fripmy porn bidding caul, StRalilitling a propersal t,(-)J, oF ernertlig Into 0"Miewirfp a Contract A prsods or serviecs W1 I POO,000 or nior, Milt are on either the Seruthuzed Ampalfies "Ah AeUvides In 8jldan List oi the Scaltiniz"I Companies with Activities A he ton PetrMewn Amp Semor WN %Wd-i were amad pumlant to s. 215.473,Florida %Ues.or is unguged in hnsincss operations in(21.1ba of'Syri".i. As Me pumn adwbed to sign(m behad or Ropuiderlin I hmvhy ult, Tal be compuq idwWfied as am in die Section cilfided "Responderit Vendor Name" is� noa fisted on the Scrutinized Coniptmies Qlat Boyeoh kr,,lel 1 ilq OT enpgad & a boyenli tf Wel and Aw Pn*uls of $1POROW) or more is not listed on either the Serwnfizcd Companies "i(h AetiNiitie�, iD SUCIan ]ASk, the SCTUfiniZCd C'onipnries "iflt A.L,,,6Vi1iC% un the [Trull Peirolcuni Enerpy Sector List,or ctigaged in busuies"operaticlils in C"Win or Syria I undusW AL punuanit R; SmAn 28T 135, Fhddu Stalmen A SaMiSSM of a Use cenilloo6on may suteel Compinly to 601 peiniltie"",attorney's fees. andJor costs. I 11irther Lindermand At any emom "afar Kc Cbmq anty be terminaked, tit (lie i1xion ofthe Chrimi, V the company is In to [salve stlbmi[Wda fi,,�dse ucrfificilfi,im of has becil Maud on Me SwWizad Computes that BoycoH Israel 1ASt OT il'), ZI boycolt oVisruel or glued on I-lse, S,Qr-kitinizcd Coj,nj,wnie.� wilh Activifiei iii Stidan List or the Senitinked ChmVaWus With Activaies in dw Iran [lavoloilin Energy Semi I is(or been engapd in tmsirless operillions il')Caba car Syria, Certifit'd BY -------JaLq �,J- S a whonned to 0 gn ot i — lq�— heluOf or the above rckirnc:q 1JUM, Authorized Signature_., ................. Now: The!1-31 ZATC 'a AliQ 1,1 1"I'L rig DeparLinent o['Mijr),'q!-CjY1C1V SCI-ViCCS, Sne; APPENDIX A2 44 C.F.R. PART IS - CHIP ITICATION REGARDING LOBBYING (To be stibinitted Qth each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, aDd Cooperilive Agreements 48 The Un ders ig tied certifies,, to the best of lams or her knowledge and belieP.that I o Federal appropriatal IS& have been paid or will be paid., l.,)y or or) behalf of [he undersigned, to any person ft)r influenang or anempting to influence an officer oi cn)jfloyee of ari agency, as Men,iber of Congress, an officer or employee of Congress, or an employee of as lember of Congress in corinectiori with the awarding of any Federal oovitract, the i'viaking or any Federal grant, the s"naking of any Federal loan, the entering into off vary cooperative agmemeiv. am! Me eximnsion, ccirilinui6on, renew a, 1. or n,iodification of any" .1"ederal connect grant Wan, or coopembve agremnent, 1 If any funds other than Federal appropriated funds have been paid or will be j),aid to any person fbr influencing or atterripting io lfiffilel)Ce,kfll officer or ernployee (A" any agenzy, a NAember of Congress. an WE= caw ernMoyee of Congress, or an eiripWyee ofa Meniber ofCongress in ootinecti<)n with this F'ederal corarach grant, loan, or cooperative agreernent, the undersigned shall complete,and subrnit Stmidard, Forni-I.A..L, '"Disclosure Form to Repat Lobt,ing," in accordance with its instructioivs, 3, The undersigned shall require that the l�angu,age of th s certification be induded in the award documems An aril sub awards al all Srs Omckmhng subconuacts, subgrants, and C0rnVWtS Undergrarnt"j, kmnss, and cooperative agreenierqo and dmt Ml subreapients sharp certify arid, disclose accordnigly, This Certification is as material represento6on of Eact upon which i,efiance k%,a,,,; phaced %,vhen this, transaction was made or entered into, Submixion of this cmMakm is as pruecluisite for ri,iaking or entering k-110- this transaction knposed by sr cticm 1351 nde 3 1, US, Code, Any persnn who fads to File the required cerdricadon shal I be subject to"a civil penalty of not less than $1 0,()00and not ninre I han $100,000 ror each such fai lure Ile Contrador, jp iff"irnisth tr e uthfulness and -, certifies or�, aectiracy ofeaefiTtatenient of its cerlificatimi and chsdosurg if any. In addition, the Comractor Underswids and agrees that the provisions of 31 USC, Chap, 38, AdmMotive Rernehes Am False Clad a earl Stlitements, apply to this certification and disclosure, if any. Sign, of Conti', or's t Uthorized Official Erns, Pres ident Name and Tide of Corltnacttx's ;kLithor, Date ,S) P ,1 4"4 -:r «L.»V �'1, ' ,.r�,r Mom, ^ `M, '.'"''° �, C X. w. r°: 1, `x ilf c, wig o .. S, mat"', auto.' l v" Pew w p III c " ., -� For MumW(Image OrAh, I i t ^r wow, ww lzmew n, . 41 e 6-11, f repacT N'simpand Aiddrem,of REpunsIC'EWIM If Name Reporting i ty . 4 i" ;P ar _ stez tad A,ddrtLs of Phat, Tar- ti " n Am,sr ust, if kaommm, Add mw y Eucr,r lb Imdmdm,,,%V Fltrf,),,kr=vg Secdcti ?www. ;haw I, . momel of Fnwur(Cbe(L"al nr xl away) D T,�p*0 Nyment 014#4r,k all pbst x iv) El 1 fl"gyp�i�Gu� 11 rv1 It "�w 12 o of aw~w w Oblec allf WhAt l _ coc lot EJu,, r• ,u, w lawr,a° e Bata. �ed I'l Rriqlrllrr*b t Strvirts Palaumed or to be,porfermedsad A Stnict unclek ? fwi w8w c l v (w�,or ye t*iOw)(*ataditd, for ay , l Luidbuwe hem 11: anad'. ,�"Olazz�lztzc Sitter "'al 1 t -- ","( w �; „ „ Eli, No E- � a " Tau, w ,.zc iw v:kAffllhnv j z»arP,,Ize wal,rvl ad'I ,d,141 w a A a x aba =1 , a li , wit i � p ps wr" Cll'l zu t",' fir , - � wax"w,;" �a � UW area,. ,uvaaa gym' INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OFLOB BY ING ACTIVITI ES 'I I 6s di"sclosurc Minna sha It be compicial by flw T"�Jwoliplg emitv,ml I clfi,�,r�tAbamardec orpvime Federlr I If u-injuaii(v or r eipt o1- 4:v"wev"M Fc&ral achol I of,a nlateriAf chwigp I o'previou",fi I ingpunstlank ao w31 1,S,C,soQ6m 1155, Tte fit ing anl,i fimn i",retiuinA I'm, such payment or agreopnent to make pa�lnenf to jobbyinpnfiLy fi.m wflw ate ng cr duompting to intluence an ddficer u,wcmplctvcc of'myY rapvy'0,klealber W'Clongess am cill"wer or emlployec of cor]TV'S",Or"In Qlllpk'wa of a Manber of, C'onggess in coma'aion with a CaaVcrcd Fedcnd aefion, AttakAa a jojjj qjjet2j fiat L addifiomd in0um n,Ifl t4.'In al flw space oll t1k, rotill V"ioade�jwmv. Compkm'r''all itzlis OLAt apply for both toe itailiaj filaig and mau-Tiat chang'e 1"cpom' Ret'er fo flit*;imptelvem ing guidwice pubi 4,hod hythe Offjc'c of and BudgM l'oraddilional infionimfiou. 5. tdomify 1b. typc of,vovepLsd Fcwlend aaikm Isar which 1'6bving"'iclivoy is and?og 11as heon socwr l f') i 1,11 hlcnca' flic Federal 1w(6A)m 2, Idenfil'%,ffirc slaw's M flic covemd Fedcral aoiou. 3. IdentiVy thaw"appropnafe of,06's 1-upom H'O'lis is a i'oflow-up njiml caused by as malerild Qhanga w 1W mJonmafion prk:Viously feportat emer oic y,raa'and quoner in which 1he c:hunyc owinect L11ter ilte daler cit"liw by reran bytftt,.i tel:RYrfingenfity Rwdiis cuvoTod FwAml uk^fion 4. Fiver die f1di maino,aldress,MY,smiw and iip co&of repurfing entily, Inchide congessional E.fivirr il'Allown, Chccb-,fho appropriate cla""sifictifion EA'Ihe rep uriingrtaifil,v' tkal dootputes if iu is orex a m peAs� be a prifa o w r subaard rwpicm filemifil IV 0w fi&x(4,1110 e'p"the fint sulnoval-d'1212 of1he pfinlo Is lbe firqf fiar- Sttbawards includc, bw arc nc)j hatilcd to subgrzilifs mid conu'wa awards under gnams, 5, Wflw oripnmilion Whig diQ report in hem 4 cheot,,js '14diawardee"fhan epiker INe fiffl ninw,ufdr,.,s,wy, and zip code(A' ffic prinw F'Mcral ureipiierwt tndude Wkiwkm lul t er the I I il nu 61,111 c I agency t 13 a king t il 0 a wa T d o r I oal a col n ni i u TmNlt I nct ud,.W h:aSt taste r rg ati n ial a on I c,,wl I'se t o w agQnov namQ'd'kno)Nn FOT'MWIp&,.Ikt,IrhItCIA Ttliject 4jgtes Gtuhrd. '7 J� Jlk.'r dic F'4xkrral Pro;ram nnnw or dc"iv'ripflcm ommvd FcAm�at'adion(iwlm I) J)'known,enti'n-tile Rill Uiulog of F'4daid Donwstic aVssistmwQ(Cl,"I'M)number for grujis,wovcmfivcc knins wid hozm commifinegAs. I"I i t c r 4w erica t opp ropmal e Fed L"ral i d Qa I t i I^rj I I g E I a I I libe a a va i I ab d e 16 r this Fede T z i I ac t i o 11 re 111 i Fl ca f io rI in i I c t I l(Q,g,- Reaq acst fiat' flri spo s at I(R I'11)nft'l n I b 0 4%1 n v tat k)11 f'or f3i d(1,1'13)fl unt ix r,p);tart.tu u I ok I n c 01 norl t"an lbe r,I t w oa)I it I'a a gram,oT I omi u)v,N a d hunt bc i, 1he manbQra.m gned by dw FkAond agencv). lnclu& pry six a,(,g,, "10,11- For a covoral Feknd„icliml wvhere there has be%"'n an aw."Ird or Bunn commilmeni byilw Fcd4mal agency,cruel'Oi:e 1"aferal anh)UTH awnrd"han comnlihTiav,Psr the,prinic enfiny WenfiltitA m Acm 4 or 5. n' (a)ViAer lbe,rut I name,uddre"".Qil"%Aldo and')q) CA'dw lobbyifig entity engaged by OTie Tepimi ing,enu),Wcmoifwd in ik"i n 4 w mfkwnced Ific eovered:Fedcmnli acli�mll (b)FhWr liu fult names ol'dw uxfividu0s)pre ilhmmtig wrvk.%s and inolude fidl addm�,s d diflo'cill,t'roni M(,,4 F"Alet I aso Mmie,First NameLand W.Jdle hfiti,al CM0. Vnie'l 1he amount,of comps n;'nfion plAd Orv'nwlnz4ah;expected to he paid bN1 die rQpqlmang eAlfity(ilem 41 to dil [obbying enlA)' ,lppdv. [Misis material c1lange vepml'enw'r ffia C"Imulaive amount of paymnI made fm phumed to,tv made. 12, ciw�ck die appnlpr:lte box, Check J boxes,fluatapply, ffp,',1v1110W Ns.rude IC fl'1r0LXgh,'1n in-kind contribofion,spwfv the nature and value,ol'111c in-twined rnymant, ,I Provide as spocii'w mul dewfled deATiPtillll M'dWsxvicei,,that thu lobbyist ha",pofemwd or will,be expccud w perform and dw o0kiak ofC'oneressdiat wore carnt�ac,teal. 15 4jwcs,)vhofliu or om a contmwmion sheet(,,)is avadwd I() The ceo ifi'u5190fl-Wkll 0wll sip and dlfle thc seams,p-MI hiSAICT arairara.rifle 3rKl IqAc)1101v MMINM Publk,rep orling Ino-dell I'm ljlis eofleaiol u M,ililonnaiolr as 0'qimau�]it)"I'verage 30 nhinwcs pea resTxmxsc,hiclu&ig flige fbi revs aviiai lmstruc bon,scardiing c,xislmg de'll'a gom ces.gathering and numnuaii0ng the data wekhxL and cumpWl ing and re vieAing the cohodion ol, Informalim, Sond ftle hWdem u."Timau,or.my cAliQl"sIspucl of'lhis"'Alialion of'wfbnm'a4*n' m0oq'htlg reducing,Ibis burden,to tho,011"Ju ni'Management md Budgei,Pap,rwcA Rahwocm Pvvc cet t03484X)46),Mshiagton,DA',20f,03, SFL.L,f..,i..,-biql-utLiOtis Rcv.06-0.4 2-6,d PART 21COUIsFY 59 Attachment H I N S URAN(F" AGEN'I'S STATENIENT Marine General Liability $2,500 Protection&Indemnity(watercraft liability) $2,500 Business Automobile Liability $0-liability 1WLI,dho fnflijc evnk�' x Oc'umrvnc�".' C hliaun Vb ""VtlEh: Kelly White&Associates Insurance, LLC oe dlmw,<tlim-r dm[ �Ofl a;4 Joseph Frins, President ASAP, Inc -—------------------ ......... Aftachment I Respondent's Insurance and Indemnification Statement Insuranct Re(Luirernent quired Limits RL_ Woi-kei-'s C.ompensation $100,000 Boddy ln.jUry' by Accident $,500,000 Bodd lnjur)r Disease, policy hTnits $100,000 Boddy IT1.1 ury by Disease, each employee Ernployer's Liability- Stcatutory hinits Jones Act Coverage Recognizing that the work governed by this contract involves Maritii'ne Operations, the CONTRACTOR's Worker' CoMpensation Insurance Policy shall Include coverage Cor clairlis sulaject to the Federal Jones Act (46 U&C,X sorbsection 688) w0h hinits nw less flian $1 N1111101-1, 'The CONTRACTOR shall be permitted to provide Jones Act Coverage thrOU_(,111 a separate Protection and Inderrinity Policy, in so far as the coverage provided is no less, restrictive than would have been provided by a Workers' Compensation policy, General Liability Coverage shall include, as a InIxIMILIrW Premises Operatioris Pro ducts and Completed Operatioil$ Blanket Contractual Liability Personal In.jury Liability Minimum, hinits acceptable shall be, $300,000 Combined Single Limit If'spht limits are provided, the rnininium limits acceptable shall be� $1200,000 per persoll $300,0001 per occurrence $200,000 property damage Vehicle Liability As a fl_IjIj Hil LIM, liability coverage for: Owned, Non-Owned and hired 'Velucles. 'The nilnimurn finilts acceptable shall be° $300,000 Combined Single Limit If sp,lit hinits are providecl, the mininium lirn Its acceptable shall be: $200,000 per person S300,000 Per occurrence $2010,000 property daniage Watiet- Craft Liability Coverage shall include, as a nunitl`)Urn� h1jury (including death) to any Person Darriage to Fixed or Movable 01�jects Contractual Liability with Respect to this Contract The tnininium I inilts,acceptable slia,11 be� 53 $500,000 Combined Single Limit (CSL) Coverage prowided by a Protection and Indemnity Club (11M) s.11all be sr bJect to the approval f the County, Additional Mformation: 'rhe Monroe County Board Of'COUnty Con irussioners shall be named as Additional [nisured ors all policies, issued to satisfy the ove IWILUrenients, ,INDE J.N1F1(.7AT1O.NAND�11(-)I-D HA RNILES FOILC.ONSULTANTS AND �LtLB CO N�S.IJ LJ A N TS Notwithstanding any mininium insurance requirements prescribed elsewhere in this agreement, the Raspondent covenants and agrees that he shall defend, indernnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harniless front and against (1) any claims, actions or causes. of action,, (Ii) any litigation, administrative proceedings, appellate proceedings, or other proceed)jigs, relating to any type of I'All'ury (including death), loss, dai-nage, fine, penalty or business interruption, and (m) any costs or expenses that nlay be asserted against, initiated, with respect to, or sustained by, any indeinnified Imily lay. reason of, or in connection witif, (A) any activity of Respondent or any of its ernployee,,s, agents, contractors in any tier or other invitees daring the term of fl,lis Agreement, (B), the negligence or willful i-nisconduct of Respondent or any of' its ernployees, agents, respondents ill any tier or other invitees, or (C), Respondent's default in respect ofany ofthe obligations that it undertakes under the termis of this A� _,s, !reement, except to the extent the claims,, actions, causes of action, litigation, proceeding costs or expenses arise Crom the intentional or sole negligent acts or negligent acts in part of omissions of the: COUNTY or any of its oniployees, agents, contractors or invitees (other than RESPONDENT), insofar as the claims,, actions, Causes of action, litigation, proceedings, costs or expenses relate to events or circurnsuances that occur during the term of this Agreement, this sectioill will sui-vine the expiration of"the tears of this Agreenlent or any earlier termination oFthis Agreement, In the event the completion of the pro.lect (Including the work of others) is delayed 01- SLISPended as a resttit of the Respondent's failure to purchase or maintain the required Insurance, the Respondent shall indernnify flie County front arry and all increased expenses resulting fi-orn such delay, In the event the work Under this Agreement is defrayed or suspended as, a, result of tile Contractor"s failure to Purchase or maintain the required 111SUrance, the Contractor shall indernnify the County froin any and alp increased expenses reSLIIfine, frOM such delay. 'rhe first ten dollars ($10-00) of remuneration paid, to the Resporidentis For the I ride rnnifi cat toil provided for above. Ttie extent of liability is in no way 11'nuted to, reduced, or lessened by the insurance requirenients canta tried elsewhere within this agreement. RESPQNDEWS , TATENENT I Understand the Insurance that will be mandatory ifawarded the contract and will corriply in full with all the requirements, 5.1 Respondent S twar:, Date STATE OF: Florida COUNTY 01F� Monroe Subscribed and sworn t=,Z-" before rn „ by means of .., sN al presence or l�l online notarization, on (data) by Jose eh J Prins (name of affiant), He/She is personally known to ma or has produced sI rq.L LA (type of identification) as identification. r Notary: did-State of Flud4a N_i Commission#HH 252888 Borate through NaOonal Notary Assn, y CommissionExpires: DATE(MM/DD/YYYY) ACORD® CERTIFICATE OF LIABILITY INSURANCE 03/29/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT HOUSE NAME: Kelly White&Associates Insurance, LLC PHONENo, 904-880-8881 AIC. FAX No): 1622 Hickman Road E-MAIL ADDRESS: kelly@kwhiteinsurance.com INSURERS AFFORDING COVERAGE NAIC# Jacksonville FL 32216 INSURERA: Atlantic Specialty Insurance Co INSURED INSURER B: Atlantic Specialty Insurance CO ASAP, Inc. INSURER C: Po Box 804 INSURER D: StarNet Insurance Company INSURER E: Water Quality Insurance Syndicate Tavernier FL 33070 INSURER F COVERAGES CERTIFICATE NUMBER: ASAP23032915553358 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DD/YYYY MM POLICY EFF POLICY EXP LTR /DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE �OCCUR PREMISES (Ea a oNTE cur ante) $ 50,000 X Protection&Indemnity MED EXP(Any oneperson) $ 5,000 A X Marine Salvors B5JH26656 08/16/2022 08/16/2023 PERSONAL&ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JE O LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: Installation Floater $ 50,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 710-03-89-25-0003 08/16/2022 08/16/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident PIP $ 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X PEATUTE X FOR H- AND Includes USL&H EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑N NIA KEY0137561 08/16/2022 08/16/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $1,000,000 E Vessel Pollution 55-83714 08/16/2022 08/16/2023 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is an additional insured as required by written contract. - CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AMENDMENT TO CONTRACT BETWEEN ASAP, INC. AND MONROE COUNTY, FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this day of between Monroe County Board of County Commissioners ("COUNTY") and ASAP, Inc. ("CONTRACTOR"). WITNESSETH: WHEREAS, on April 19, 2023, the parties entered into a non-exclusive Contract (Contract) for the removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and marine debris; and WHEREAS, said Contract is due to terminate on June 30, 2026; and WHEREAS, Section 1.1.8 of said Contract provides for, upon the mutual written consent of the parties, one additional two (2)year term under the same terms and conditions; and WHEREAS, the undersigned parties desire to enter into this Amendment extending said Contract; and WHEREAS, extension of said Contract is deemed in the best interest of the health, safety, and welfare of the citizens of Monroe County and the general public; NOW,THEREFORE,IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: 1. The Contract shall be extended for the period July 1, 2026, through June 30, 2028. 2. Article 2.0 of the April 19, 2023, Contract is hereby amended to read: FROM: Article 2.0 Scope of Services. The CONTRACTOR shall do, perform, and carry out in a professional and proper manner the Scope of Services described below. SCOPE OF SERVICES Duties consist of retrieval, removal, refloating and/or demolition and disposal of derelict vessels, floating structures and marine debris. Duties may also include (1) Removal and disposal of non- derelict vessels, as applicable, and (2) To cover, remove and/or dismantle off-premises marine signs from vessels or floating structures, and,or to remove and dispose of, or relocate and store off-premises marine signs, or vessels or floating structures with off-premises marine signs, as applicable. This includes proper reclamation and disposal of associated hazardous waste and cooperation with law enforcement where needed to properly preserve evidence using photographs and other methods of preservation as directed by law enforcement. The project will be made up of individual jobs authorized by task order consisting of retrieval, removal, demolition and disposal of a vessel(s), floating structure(s) or marine debris located on the land or in the waters of Monroe County, or Page 1 of 10 adjacent thereto, as requested by the COUNTY. The CONTRACTOR will be responsible for supervision of each job from beginning to end including the scheduling, labor, monitoring,providing necessary equipment and reporting progress to the County designee in the Marine Resources Office. When a vessel, off-premises marine sign, derelict vessel, floating structure or marine debris is identified, the COUNTY will contact CONTRACTOR(s) in the applicable geographic area and provide the details of the job; details shall include, but not be limited to the location of the job, the nature of the debris, the size of the vessel or floating structure,whether the vessel or floating structure is constructed of wood, fiberglass, concrete, metal, and whether any hazardous materials are known to be aboard. The CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the job, and the time in which the CONTRACTOR is able to respond, a description of the job and the time needed to complete the job. The COUNTY will promptly choose a CONTRACTOR and assign the particular job. In the event of a tie on the low quote, the County may, (1) not accept the quotes received and issue another Invitation for Quotes,or(2)communicate with the respective quote- responding contractors to see if any would allow a tying contractor to be awarded the job. At no time will any CONTRACTOR be authorized to undertake a job without the express authorization of the COUNTY,in the form of a Task Order.In the event of an emergency j ob, such as a fuel leak or hazard to navigation, the CONTRACTOR will provide a quote via e-mail as soon as possible, and the COUNTY may choose a CONTRACTOR the same day as the pricing request in order to expedite the job. The CONTRACTOR will provide all necessary and adequate equipment to complete the task including vessels, vehicles, personnel and protective equipment. The CONTRACTOR will provide all materials needed to accomplish the assigned job, including necessary equipment for proper handling of hazardous materials and will strictly adhere to all precautionary and safety requirements. CONTRACTOR shall be responsible for the job site at all times during the work. CONTRACTOR is required to have active licenses required to fulfill the requirements of each particular job. The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the marine environment. CONTRACTOR agrees to immediately abide by the orders to stand down or stop work if advised to do so by any county, state or federal agency. If required to stand down by any state or federal agency the CONTRACTOR shall notify the COUNTY as soon as possible. It is the CONTRACTOR's responsibility to ensure that he removes the correct vessel, floating structure, or marine debris. Prior to any work on the vessel, floating structure or marine debris, the CONTRACTOR shall take representative photographs including the exterior (capturing any unique or identifying features such as registration numbers or name) and interior (if applicable) at the initial site. Representative photographs shall be taken during the removal and again at the dump site prior to demolition. The CONTRACTOR shall not be required to take interior photos of the vessel if, in the best judgment of the CONTRACTOR, it is not safe to do so. Photographs should be properly dated, indicate the name of the person taking the photographs, and a complete set of the photographs shall be provided to the COUNTY with invoicing. Photographs are considered to be an integral part of the work. CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws, Page 2 of 10 ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will constitute cause for immediate termination of the contract. TO: Article 2.0 Scope of Services. The CONTRACTOR shall do,perform, and carry out in a professional and proper manner the Scope of Services described below. SCOPE OF SERVICES Duties consist of retrieval, removal, refloating and/or demolition and disposal of derelict vessels, floating structures and marine debris. Duties may also include (1) Removal and disposal of non- derelict vessels, as applicable, and (2) To cover, remove and/or dismantle off-premises marine signs from vessels or floating structures, and,or to remove and dispose of, or relocate and store off-premises marine signs, or vessels or floating structures with off-premises marine signs, as applicable. This includes proper reclamation and disposal of associated hazardous waste and cooperation with law enforcement where needed to properly preserve evidence using photographs and other methods of preservation as directed by law enforcement. The project will be made up of individual jobs authorized by task order consisting of retrieval, removal, demolition and disposal of a vessel(s), floating structure(s) or marine debris located on the land or in the waters of Monroe County, or adjacent thereto, as requested by the COUNTY. The CONTRACTOR will be responsible for supervision of each job from beginning to end including the scheduling, labor, monitoring,providing necessary equipment and reporting progress to the COUNTY designee in the Marine Resources Office. When a vessel, off-premises marine sign, derelict vessel, floating structure or marine debris is identified, the COUNTY will contact contractor(s) in the applicable geographic area and provide the details of the job; details shall include, but not be limited to the location of the job, the nature of the debris, the size of the vessel or floating structure, whether the vessel or floating structure is constructed of wood, fiberglass, concrete, metal, and whether any hazardous materials are known to be aboard. The CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the job, and the time in which the CONTRACTOR is able to respond, a description of the job and the time needed to complete the job. The COUNTY will promptly choose a CONTRACTOR and assign the particular job. In the event of a tie on the low quote, the County may, (1) not accept the quotes received and issue another Invitation for Quotes,or(2)communicate with the respective quote- responding contractors to see if any would allow a tying contractor to be awarded the job. At no time will any contractor be authorized to undertake a job without the express authorization of the COUNTY,in the form of a Task Order.In the event of an emergency job, such as a fuel leak or hazard to navigation, the contractor(s)will provide a quote via e-mail as soon as possible, and the COUNTY may choose a contractor the same day as the pricing request in order to expedite the job. The CONTRACTOR will provide all necessary and adequate equipment to complete the task including vessels, vehicles, personnel and protective equipment. The CONTRACTOR will provide all materials needed to accomplish the assigned job, including necessary equipment for proper handling of hazardous materials and will strictly adhere to all precautionary and safety requirements. CONTRACTOR shall be responsible for the job site at all times during the work. CONTRACTOR is required to have active licenses required to fulfill the requirements of each particular job. Page 3 of 10 The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the marine environment. CONTRACTOR agrees to immediately abide by the orders to stand down or stop work if advised to do so by any county, state or federal agency. If required to stand down by any state or federal agency the CONTRACTOR shall notify the COUNTY as soon as possible. It is the CONTRACTOR's responsibility to ensure that he removes the correct vessel, floating structure, or marine debris. Prior to any work on the vessel, floating structure or marine debris, the CONTRACTOR shall take representative photographs including the exterior (capturing any unique or identifying features such as registration numbers or name) and interior (if applicable) at the initial site. Representative photographs shall be taken during the removal and at the dump site prior to and after demolition. Upon completion of the removal, photographs shall be taken again of the removal site from the same angle and position as the photographs taken prior to work commencement, documenting any impacts from the removal process. The CONTRACTOR shall not be required to take interior photos of the vessel if, in the best judgment of the CONTRACTOR, it is not safe to do so. Photographs should be properly dated, indicate the name of the person taking the photographs, and a complete set of the photographs shall be provided to the COUNTY with invoicing. Photographs are considered to be an integral part of the work. CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will constitute cause for immediate termination of the Contract. 3. Article 7 of the April 19, 2023, Contract and is hereby amended to read: FROM: Article 7.1.0 Insurance 7.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Contract is in effect. In the event the completion of authorized work is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 7.1.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate this Contract. 7.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 7.1.4 Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the insurance required under this Contract, shall not extend deadlines specified in this Contract, and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time. Page 4 of 10 7.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. 7.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured on the CONTRACTOR's Commercial General Liability and Business Automobile Liability insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 7.1.7 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 7.2.0 General Liability Insurance 7.2.1 As a pre-requisite of the work governed, or other goods supplied under this Contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this Contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached schedules. 7.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material)until satisfactory evidence of the insurance required by this Contract has been furnished to the COUNTY as specified herein, and where applicable the CONTRACTOR shall provide proof of insurance for all approved subcontractors. 7.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better,that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 7.2.4 Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: (A)Premises Operations (B)Bodily Injury Liability (C)Expanded Definition of Property Damage The minimum limits acceptable shall be: 0 $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: (A)$200,000 per Person (B)$300,000 per Occurrence (C)$200,000 Property Damage Page 5 of 10 An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Contract. In addition,the period for which claims may be reported should extend for a minimum of twelve months (12) following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire term of the Contract and any extensions specified in the attached schedules. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A certified copy of the actual insurance policy. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the CONTRACTOR'S Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 7.3.0 Vehicle Liability Insurance Requirements 7.3.1 Recognizing that the work governed by this Contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned,Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: • $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: (A)$200,000 per Person (B)$300,000 per Occurrence (C)$200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Page 6 of 10 7.4.0 Workers' Compensation Insurance Requirements 7.4.1 Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. 7.4.2 In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: (A)$100,000 Bodily Injury by Accident (B)$500,000 Bodily Injury by Disease,policy limits (C)$100,000 Bodily Injury by Disease, each employee (D)Employer's Liability- Statutory limits 7.4.3 Coverage shall be maintained throughout the entire term of the contract. 7.4.4 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 7.4.5 If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance Program. 7.4.6 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 7.5.0 Jones Act or Watercraft Coverage is Required 7.5.1 Recognizing that the work governed by this Contract involves Maritime Operations, the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) and the United States Longshoremen and Harbor Workers (USL&H) Act (33 USC sections 901-950) with limits not less than $1 million. Watercraft coverage shall also be included with limits not less than $1 million. • Pollution Liability Coverage with minimum limits of$1,000,000. The COUNTY shall be named as an additional insured with respect to the CONTRACTOR's liabilities hereunder. 7.5.2 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of insurance for subcontractors. 7.5.3 The CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. Page 7 of 10 TO: 7.1.0 Insurance: at all times during the tenn of this Contract (including any extensions thereof), CONTRACTOR shall maintain the insurance as specified in this section. In the event CONTRACTOR fails to maintain all insurance required by this section, COUNTY reserves the right to immediately terminate this Contract or suspend all work until the required insurance has been reinstated. 7.1.1 Subcontractor Insurance: CONTRACTOR'S insurance must extend all required coverage to any Subcontractors engaged for the performance of work; or alternatively, CONTRACTOR shall be responsible for requiring all Subcontractors to obtain and maintain all coverage required by this section. 7.1.2 Suspension of Work: In the event CONTRACTOR or any Subcontractor fails to maintain all required insurance at any time during the Term of this Contract, the COUNTY shall reserve the right to immediately terminate the Contract or suspend all Work until the required insurance has been reinstated. Delays in completion of the Work arising from the failure of CONTRACTOR or Subcontractor to maintain the required insurance shall not cause the extension of any deadlines specified in the Contract. 7.1.3 Delays from Suspension: Delays in completion of the work resulting from CONTRACTOR's failure to maintain required insurance shall not cause the extension of any deadlines specified in this Contract, and CONTRACTOR agrees to indemnify and hold harmless the COUNTY for any and all increases in cost resulting from such delay. 7.2.0 CONTRACTOR shall maintain the following coverage: 7.2.1 Commercial General Liability: CONTRACTOR's insurance policy shall cover, at a minimum, premises operations, personal injury (including death), property damage, products & completed operations, and blanket contractual liability. If coverage is provided on a Claims Made basis, CONTRACTOR 's policy must provide for claims filed during the term of this Contract, and for twelve(12)months after its termination or expiration. CONTRACTOR 's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum limits acceptable are: $300,000 Combined Single Limit(CSL) 7.2.2 Watercraft Liability: CONTRACTOR must provide a policy providing coverage for claims arising from liability associated with CONTRACTOR's use of any watercraft, whether owned, leased, or rented,in performance of work under this Contract. CONTRACTOR"s policy shall contain terms no less restrictive than the American Institute Hull Clauses (September 29, 2009 Edition). CONTRACTOR's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. At a minimum, coverage shall include injury (including death) to any person; property damage (fixed and movable); costs associated with removal of wrecked vessels; contractual liability. Coverage provided through a protection and indemnity (P&I) club shall be subject to approval of Monroe County Risk Management.If the policy obtained to comply with this requirement provides coverage for "Acts or Omissions of a Vessel," the policy shall be endorsed to provide coverage for the legal liability of the ship owner. The minimum acceptable limit of liability is: $500,000 Combined Single Limit (CSL). Page 8 of 10 7.2.3 Worker's Compensation: CONTRACTOR's insurance policy shall reflect coverage and limits sufficient to meet requirements of Chapter 440, Florida Statutes. 7.2.4 Jones Act: CONTRACTOR's worker's compensation policy shall be endorsed to include coverage for CONTRACTOR's maritime operations sufficient to comply with the requirements of the Jones Act (46 USC § 688). CONTRACTOR will be permitted to provide this required coverage through a separate Protection and Indemnity(P&I)policy,provided said coverage is no less restrictive than if provided under a worker's compensation policy. The minimum limit acceptable is $1,000,000. 7.2.5 Business Auto Liability: CONTRACTOR's insurance policy shall provide coverage for all owned, non-owned, and hired vehicles used in the performance of work under this Contract. CONTRACTOR's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum acceptable limit is: $300,000 Combined Single Limit (CSL). If Split Limits are provided, the minimum acceptable limits are: $200,000 per person; $300,000 per Occurrence; $100,000 Property Damage. 7.3.0 Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better and a financial rating of A- from A.M. The COUNTY reserves the right, at its sole option, to require CONTRACTOR to produce a certified copy of any or all insurance policies required by the Contract. At a minimum, all insurance policies maintained by CONTRACTOR or a Subcontractor must: (1) specify 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; and (2) include a waiver of subrogation rights held by CONTRACTOR's insurer with respect to claims against the COUNTY, and its employees, officers and insurers that arise from any loss, liability, or obligation covered by CONTRACTOR's insurance policies. 7.4.0 Insurance Waivers: Any deviation from the insurance requirements specified herein must be approved by the County's Risk Manager on an approved Insurance Waiver Form. Insurance Waivers may be requested from the Risk Management Department: Tel: (305) 292-3470; Eml: risk—management@monroecounty-fl.gov. 7.5.0 Certificates of Insurance: Prior to commencement of work under this Contract, CONTRACTOR shall provide to the County Risk Manager satisfactory evidence of the required insurance, which may be a Certificate of Insurance or a copy of the insurance policy. The COUNTY reserves the right to request a certified copy of CONTRACTOR's insurance policy. 4. All of the other terms, covenants, conditions, and provisions of said original Contract, except those expressly modified and rendered inconsistent by this Amendment,remain in full force and effect and binding upon the parties. 5. Each party agrees that they have authority to execute this Amendment on behalf of each party and represents and warrants that such person has the full right and authority to fully bind such party to the terms and obligations of this Amendment. 6. This Amendment is binding on the successors and assigns of the parties. Page 9 of 10 IN WITNESS WIIFRE0F, the parties have executed this Contract as indicated below, (SEAL) KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 7-C" lerk, Michelle Lincoln, Mayor WITNESSES: ASAP, Inc Print Narn r, c: '� arne: Joseph J Frins 2, Title: President MONnOE COL Y AITOnNEY Prij ame: A Pew' TO FORM Z PEI ER MORRIS ASSGTANT COUNTY ATTORNEY STATE OF: Florida Date: COUNTY OF: Monroe Subscribed and sworn to (or affirmed)before me, by means of �►hysicai presence or 0 online notarization, on t'04*ate) by JF ffl(name of aant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 0 v*t I �L V;Hl lA F GAII 0 hN 318763 My C 0 t 16,2026 Boin,'c(!thioqhN,,,tare, Pqmarymsn. Page 10 of 10 CERTIFICATE OF FDATE EL 0a8/121225 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 pollcy(les)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 ri his to t certificate holder In lieu of such endorsement s. PRODUCER CONTACT HOUSE Kelly White&Associates Insurance,LLC PHONE 904-880 8881 FAx 1622 Hickman Road `MILSst kellykhiteinsurance com INSURERS AFFORDING COVERAGE NAIC M Jacksonville FL 32216 INSURER A: Atlantic Specialty Insurance Co 27154 INSURED INSURER a: Atlantic Specialty Insurance Co 03508 ASAP, Inc. INSURERC; Po Box 804 INSURER D: Amerisafe INSURER E: Water Quality Insurance Syndicate Tavernier FL 33070 101,1818 E; COVE GE CERTIFICATE NUMBER: ASAP25081214403983 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN NAY HAVE BEEN REDUCED BY PAID CLAIMS I1.18 NSR ADDLSUBR E OF INSURANCE POLICY NUMBER POLICY EFF LILY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS DE x OCCUR $ 50,aaa X Protection&Indemnity M9P.MP An, ono n $ 5,Daa A X Marine Salvors X 135J1-126656 08/16/2025 08/16/2026 PERSONAL s ADV INJURY $ 1,000„000 GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000„000 x POLICY PRO- J1:1ECT LOC PR T •COMPtOP AOG $ OTHER: Installation Floater $ 50,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000„000 (En micWDU ANY AUTO BODILY INJURY(Per parson) $ B OWNED V1SCHEDULED AUTOS ONLY AUTOS X 71 a 03-89 25 0aa5 0811 a25 0811612026 BODILY INJURY(Per accldant) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY $ a,Pp 6K WAWOP&NT PIP s 10,000 UMB LiRETCNTIONS OCCUR 6v,. .. }y EACH OCCURRENCE S EXCESS CLA MS•MADE WAMP oA NA- _,_ AGGREGATE $ DED $ WORKERS COMPENSATION X I P R OTH- Includes IJSL$H AND EMPLOYERS'LIABILITY D YPROPRIETORIPARTNE ECUTIVE�Y'�I;N'; E.L.EACH ACCIDENT $ 1,000,000 FFICEPJMEMBER EXCLUDED? L::..i N f A AVWCFLI 1476762025 08/16/2025 08/16/2026 Mandatory In ) E.L.Dls 9, MP Y 1 000„a00w It es,describe under 1 o00a„aaa D S RIPTION F OPERATIONS below E.L.DISEASE.POLICY LIMIT $ Limit for $1,000,000 E Vessel Pollution 57-83714 08/16/2025 08/16/2026 Scheduled vessels DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (ACORD 101,Addlttonal Romrks Schadule,may be afteched It more space Is required) Certificate holder is an additional insured for General Liability and Auto Liability with respects to insureds operations as required by Written contract SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners C/O Monroe ACCORDANCE WITH THE POLICY PROVISIONS. County Marine Resources AUTHORIZED REPRESENTATIVE 2798 Overseas Highway,Ste 400 Marathon FL 33050 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks Of ACORD