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HomeMy WebLinkAboutR-2025-053 Retroactive Second Renewals of Debris Hauling and Disposal Services AgreementsRESOLUTION NO. 2025-053 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RETROACTIVE SECOND RENEWAL OF EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES CONTRACTS FOR PRIMARY, SECONDARY AND TERTIARY SERVICES WITH BERGERON EMERGENCY SERVICES, CUSTOM TREE CARE, INC. AND KDF ENTERPRICES, LLC, RESPECTIVELY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in December 2020, the City entered into a three-year agreement for emergency debris removal and disposal services with Bergeron Emergency Services (BES), Custom Tree Care, Inc. (CTC) and KDF Enterprises, LLC (KDF) via a competitive qualifications review process through RFQ No. 20-004; and WHEREAS, this type of service is critical for properly addressing post storm debris management needs that directly impact on the public’s health and safety; and WHEREAS, the Agreements provide for three (3) 1-year renewal options; and WHEREAS, the Public Services Department (PSD) has determined that exercising the second renewal option is beneficial to the City; and WHEREAS, BES, CTC and KDF have formally agreed to the one-year renewal. WHEREAS, the agreements officially expired on March 11, 2025, requiring the renewal to be effected retroactively to that date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute Second Renewal Agreement with BES, CTC and KDF which copies of the Second Renewal Agreements are attached as composite Exhibit “A” and are incorporated into this Resolution by this reference. Section 3. That funding may be required to cover the cost of services and is available in Operating Supplies Hurricane Expenses No. 001-18-00519-52-90 and submitted to FEMA for reimbursement. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 2 RESOLUTION #2025-053 Section 5 . That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on April 22, 2025. Motion by Vice Mayor Salvino, second by Commissioner Lewellen. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 SECOND RENEWAL BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND BERGERON EMERGENCY SERVICES, INC., A FLORIDA CORPORATION, FOR DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES. This is the Second (the “Renewal”) between the City of Dania Beach, Florida, a Florida municipal corporation (“City”) and Bergeron Emergency Services, Inc., a Florida corporation (“Contractor”), with its principal mailing address of 19612 SW 69 Place, Pembroke Pines, Florida 33332. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The agreement existing between the Contractor and the City of Dania Beach and any amendment(s) to it, dated February 11, 2021, along with the First Renewal dated April 10, 2024, a copy of each are attached as composite Exhibit “A”, and made a part of and are incorporated into this Renewal by this reference), shall be considered as part of this Renewal between the City and the Contractor. 2. The current Agreement expired on March 11, 2025 and this Renewal is retroactive to that date and it is valid through March 11, 2026. 3. Pursuant to Resolution No. 2020-151, the City wishes to exercise the second of three (3) one (1) year renewal options with the Contractor. 4. That in all other respects, the terms of the Agreement apply to this Renewal. SIGNATURES ON FOLLOWING PAGES 2 IN WITNESS of the foregoing, the parties have executed this First Renewal on . 2025. CITY: CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY 3 WITNESSES: CONTRACTOR: Bergeron Emergency Services, Inc. Signature Signature PRINT Name PRINT Name Signature Title PRINT Name Date STATE OF FLORIDA ) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2025, by , as of Bergeron Emergency Services, Inc., a Florida corporation. He/she is personally known to me or has produced as identification. Notary Signature Notary Seal: Printed Name 1 FIRST RENEWAL BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND BERGERON EMERGENCY SERVICES, INC., A FLORIDA CORPORATION, FOR DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES. This is the First (the “Renewal”) between the City of Dania Beach, Florida, a Florida municipal corporation (“City”) and Bergeron Emergency Services, Inc., a Florida corporation (“Contractor”), with its principal mailing address of 19612 SW 69 Place, Pembroke Pines, Florida 33332. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The agreement existing between the Contractor and the City of Dania Beach and any amendment(s) to it, dated February 11, 2021, a copy of which is attached as Exhibit “A”, and made a part of and are incorporated into this Renewal by this reference), shall be considered as part of this Renewal between the City and the Contractor. 2. The current Agreement expires on March 11, 2024 and this Renewal is valid through March 11, 2025. 3. Pursuant to Resolution No. 2020-151, the City wishes to exercise the first of three (3) one (1) year renewal options with the Contractor. 4. That in all other respects, the terms of the Agreement apply to this Renewal. SIGNATURES ON FOLLOWING PAGES 2 IN WITNESS of the foregoing, the parties have executed this First Renewal on . 2024. CITY: CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY April 10 04/08/2024 Brown & Brown of Florida, Inc. 3520 Thomasville Rd., Ste. 500 Tallahassee FL 32309 Tina Graham (850) 656-3747 (850) 656-4065 Tina.Graham@bbrown.com Bergeron Emergency Services, Inc. 19612 SW 69th Place Fort Lauderdale FL 33332 GuideOne National Insurance Company Auto-Owners Insurance Group 018988 Insurance Company of the West 27847 24-25 Master A Y ENV562008090-02 02/01/2024 02/01/2025 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 B 55-042686-00 02/01/2024 02/01/2025 1,000,000 PIP 10,000 A 0 ENV562008091-02 02/01/2024 02/01/2025 2,000,000 2,000,000 C N WFL 5064098 02 02/01/2024 02/01/2025 1,000,000 1,000,000 1,000,000 A Contractors Pollution Liability Professional Liability ENV562008090-02 02/01/2024 02/01/2025 Pollution Limit $1,000,000 Professional Limit $1,000,000 CITY OF DANIA BEACH IS ADDITIONAL INSURED AND WAIVER OF SUBROGATION APPLIES AS REQUIRED BY WRITTEN CONTRACT AND IF APPLICABLE. Blanket Additional Insured exists on the General Liability Policy per Forms CG 2010 & CG 2037. 30 Day Notice of Cancellation/10 Day Non-Pay per policy form CO 0221. CITY OF DANIA BEACH 100 W. DANIA BEACH BLVD DANIA BEACH FL 33004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY AGREEMENT Storm Debris Collection and Disposal __________________, 2021, between the City of Dania Beach, Florida, a Florida principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Bergeron Emergency Services, Inc., a Florida corporation , with its principal mailing address of 19612 SW 69 Place, Pembroke Pines, Florida 33332. WHEREAS, the City deems it to be in the best interest of the residents and citizens to accept the proposal from Contractor as the primary Contractor to perform Disaster Debris Removal and Disposal Services, in the event of a storm; and WHEREAS, City has determined that entering into this Agreement with Contractor for the Project contemplated by this Agreement is in the best interests of the health, safety, and welfare of the citizens and residents of the City; and WHEREAS, City and the Contractor have determined that it is in the best interests of the parties to enter into this Agreement for Storm Debris Collection and Disposal due to the potential of storms affecting the City and which will ultimately cause storm debris throughout the City that will require collection and disposal at approved disposal sites ( NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which are acknowledged and agreed upon, the parties agree as follows: 1.0 Recitals. The foregoing "WHEREAS" clauses are true and correct and are ratified by the parties. 2.0 Definitions Wherever used in this Agreement or in the other RFP documents the following terms have the meanings indicated which are applicable to both the singular and plural: 2.1 City Representative - The City Manager, or designee, who shall have such duties and responsibilities as provided in this Agreement and by law. If the Manager shall cease to hold the position, it shall be the person so designated by the Mayor of the City. 2.2 Agreement - The written agreement between the City and Contractor covering the Work to be performed for the Project, including other Agreement and RFP Documents that are attached to the Agreement or made a part it. 2.3 Agreement Time A time frame after a storm when the debris collection and removal should be reasonable to be performed and concluded. 2.4 Change Order Work that is added to or deleted from the original scope of work of a contract, however, depending on the magnitude of the change, it may or may not alter the original contract amount, completion date or both. 2.5 City - The City of Dania Beach, Florida and its assigns, with which Contractor has entered into the Agreement and for which the Work is to be provided. 2 2.6 Agreement Documents - The Agreement Documents, to be completed by the parties through this Agreement, include this Agreement, Notice to Proceed, Certificate(s) of Insurance, additional documents which are required to be submitted under this Agreement, and all Written Amendments, Field Orders, and Work Directives issued on or after the effective date of the Agreement. Also included in entirety is RFP 20- the RFP except as may be inconsistent with the terms of this Agreement. 2.7 Defective - An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Agreement Documents, or does not meet the requirements of an inspection, reference standard, test or approval referred to in the Agreement Documents, or has been damaged prior to final payment. 2.8 Contractor Representative Or designee, who shall have such duties and responsibilities as provided in the Agreement. 2.9 Effective Date of the Agreement - The date indicated in the Agreement upon which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver the Agreement. 2.10 Field Order - A written order issued by the City Manager, or designee, which orders minor changes in the Work but which does not involve a change in Unit Price. 2.11 Agreement Price The unit price tables identified in Exhibit A. 2.12 Notice to Proceed - A written notice given by City to Contractor fixing the date upon which the Agreement Time will commence to run and on which Contractor shall start to perform Contractor obligations under the Agreement Documents. A notice to proceed is issued for each storm event before work commences. 2.13 Specifications - Those portions of the Agreement Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable to them. FEMA guidelines are considered specifications. 2.14 Subcontractor - An individual, firm or corporation having a direct Agreement with Contractor or with any other Subcontractor for the performance of a part of the Project Work. 2.15 Supplier - A manufacturer, fabricator, supplier, distributor, material man, or vendor. 2.16 Unit Price - An amount stated in the Agreement as a price per unit measurement for the Work as described in the Agreement Documents. 2.17 Work - Work means services to be performed, specifically including but not limited to, furnishing labor, equipment and materials, used or incorporated in the Work as required by the Agreement Documents. 3 2.18 Work Directive - A written directive to Contractor issued on or after the Effective Date of the Agreement and signed by the City Manager or designee ordering an addition, deletion, or revision in the Work. A Work directive shall not change the Unit Price included in Exhibit A, but it can add additional unit pricing for additional resources needed that were not anticipated when the Agreement was executed. Work Directives can be issued for unforeseen circumstances in the best interests of the health, safety, and welfare of the citizens and residents of the City. 2.18 Written Amendment - A written amendment of the Agreement Documents, approved by the City Commission and signed by City and Contractor on or after the Effective Date of the Agreement that adds or changes significant work or makes changes to terms and conditions. 2.20 Written Notice - Shall be deemed to be duly served if delivered in person to the individual or to an officer of the Contractor or City for whom it is intended, if delivered at or sent by certified mail, return receipt requested, to the last business address known to the person who gives notice. Facsimile, electronic (includes email) or telephonic transmission shall not be considered as written notice. 3.0 Agreement Documents 3.1 The Agreement Documents as defined above, comprise the entire Agreement between City and Contractor and consists of elements to be completed by the parties through this Agreement and includes any additional documents which are required to be submitted under this Agreement, and all Written Amendments, Field Orders, and Work Directives. RFP No. 20-004, FEMA Super Circular "2 CFR Chapter 2, Part 200 et al, and the CONTRACTORS proposal, are incorporated in their entirety into this Agreement. Compliance with FEMA Super Circular "2 CFR Chapter 2, Part 200 et al." is required. See the following link to the FEMA Super Circular: https://www.gpo.gov/fdsys/granule/CFR-2016-title2-vol1/CFR-2016-title2-vol1- part200/content-detail.html 3.2 This Agreement and the Agreement Documents listed in Paragraph 3.1 comprise the entire agreement between City and Contractor concerning the Work. The Agreement Documents are complimentary; what is called for by one is as binding as if called for by all. The Agreement Documents will be construed in accordance with the law of the State of Florida. 3.3 The intent of the Agreement is to describe a functionally complete Project, to be completed in accordance with the Agreement Documents. Any Work, materials or equipment that may reasonably be inferred from the Agreement Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of Agreement award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Agreement Documents) shall be effective to change the duties and responsibilities of City, 4 Contractor, or any of their consultants, agents, employees or subcontractors from those set forth in the Agreement Documents. 3.4 City will not modify the terms and conditions to the Agreement Documents except in a manner allowed by the Agreement. Contractor covenants and agrees that City shall not be responsible for the costs above those set forth in this Agreement unless the same are set forth in a Written Amendment or Work Directive approved pursuant to the terms of this Agreement. Any and all modifications to terms and conditions issued by the authority of an entity not a party to this Agreement shall not be compensated by City. 3.5 The requirements of the Agreement Documents may be supplemented and minor variations and deviations in the Work may be authorized by the City Manager, or designee, by a written interpretation or clarification, or Field Order. 3.6 Execution of the Agreement by the Contractor is a representation that Contractor has become familiar with the local conditions and the City for which the Work is to be performed. 4.0 Scope of Work 4.1 Contractor is required to assist the City to recover after a major storm event where vegetative and construction and demolition debris are located in the City rights-of-way. Contractor must follow all Federal Emergen reasonably assure City receives reimbursement for debris disposal services. The City has an established goal of clearing at least one (1) lane of traffic on every City street within twenty-four (24) hours after a storm event. The storm debris will be arranged for accessibility to heavy equipment so the debris can be loaded into trucks and removed to a disposal site. The Contractor shall furnish all of the materials, tools, supplies, heavy equipment, vehicles and labor necessary to perform the work. Depending on a storm as determined by the City, the materials, tools, supplies, equipment, vehicles, and labor for the emergency push must be pre-positioned or in close proximity to the City prior to the storm. In the event the City is evacuated prior to the storm, the assets do not need to be prepositioned, but must be readily available within four (4) hours after the storm. The Contractor will bear all costs associated with the Project. Compliance with FEMA Super Circular "2 CFR Chapter 2, Part 200 et al." is required. Please see the following link to the FEMA Super Circular: https://www.gpo.gov/fdsys/granule/CFR-2016-title2-vol1/CFR-2016-title2-vol1- part200/content-detail.html 4.2 Contractor shall provide all expertise, personnel, tools, materials, equipment, transportation, supervision and all other services and facilities of any nature necessary to execute, complete and deliver the timely removal and lawful disposal of all eligible storm-generated debris. The term "eligible," as used in this Agreement, means qualifying for emergency funding under the standards promulgated by FEMA. The term "debris," as used in this Agreement, includes all forms of disaster-generated debris, such as vegetative, demolition, construction, d industrial waste materials. 5 4.3 removal of hangers, leaners, and stumps, and other Right of Entry services when determined as necessary to: 4.3.1 Eliminate immediate threats to life, public health, and safety. 4.3.2 Eliminate immediate threats of significant damage to improved public or private property. 4.3.3 Ensure the economic recovery of the affected community for the benefit of the community at large. Services include: Pre-event 4.3.4 Participate in meetings, workshops, training sessions and the refinement of the City Disaster Debris Management Plan. 4.3.5 Visit the City-designated temporary debris management site(s). 4.3.6 When requested by City, provide the necessary staff at the City Emergency Operations Center (EOC) to assist in the planning process. 4.3.7 Pre-positioning of equipment and personnel in close proximity to City prior to the storm for immediate use after the storm. Post Event 4.3.8. Provide technical advice to the City. 4.3.9 Emergency push/road clearance in coordination with debris monitoring firm(s). 4.3.10 Debris collection and hauling to City-designated locations. 4.3.11 Provide other as-requested field services. 4.3.12 Provide collection tickets and reports in electronic or hard copy format, as determined by City, compatible to the debris monitoring firm(s) and City systems. 4.3.13 Begin immediate emergency push of vegetative and construction and demolition debris from City streets. 6 4.3.14 Objective to clear at least one (1) lane of traffic on every City street within twenty-four (24) hours. 4.3.15 Vegetative and construction and demolition debris collection and disposal. 4.3.16 Follow FEMA policies for vehicle and equipment certification and collection and disposal procedures. 4.3.17 Maintain documentation necessary for verification for services rendered as necessary for FEMA reimbursements to City. 4.4 These contracted services shall provide for the cost effective and efficient removal and lawful disposal of debris on all public streets, roads, and other rights-of-way, including any other locally-owned facility or site as may be directed by the City, and in accordance with federal requirements. Agreement services will only be performed when requested and as designated by the City, by approved Work Authorization issued by the City. Contractor shall load and haul the debris from within the legal boundaries of the City to a site(s) specified by the City. Contractor shall use mechanical equipment to load and reasonably compact debris into the trucks and trailers. 4.5 tractor for storm debris collection and disposal and is expected to provide sufficient resources after the storm to perform the work. However, this is not a guarantee of work. City reserves the right to assign work to various contractors, at its sole discretion. Depending on the intensity of the storm, Contractor represents it has the ability to provide sufficient work forces and equipment after a storm for the performance of the Contractor and the City reserves the right to utilize one or more other contractors determined solely by the City. This approach will provide the City with the maximum flexibility to adequately react to the unknown variables of a storm event. 4.6 City reserves the right to approve in writing all subcontractors hired by the Contractor and to require the Contractor to dismiss a subcontractor upon request. 4.7 Contractor shall load and haul all eligible debris to an approved and certified temporary debris management site (TDMS) or other disposal destination, as specified by the City. All collection and hauling will be consistent with federal and state requirements applicable to the disaster event. The Contractor will ensure compliance with instructions from the City regarding the collection, hauling and disposal of hazardous wastes and other categories of debris. 4.8 Payment will be made to Contractor based on verification of the load tickets and verification that the debris was handled in accordance with FEMA requirements. 4.9 Contractor shall invoice City for debris handling regularly and for no more than thirty (30) day periods. 4.10 It is understood t in a manner consistent with FEMA reimbursement regulations. Payment will only be made for debris that FEMA determines eligible. In addition, payments based upon time and material costs 7 are limited to work performed during the first seventy (70) hours of work, or for a period as determined by FEMA rules, of actual work following a disaster event. 4.11 Contractor agrees to perform contracted services in a professional and workmanlike manner and in compliance with all applicable laws, ordinances, rules, regulations, and permits. Only the highest quality workmanship will be acceptable. Services, equipment and workmanship not conforming to the intent of Agreement or meeting the approval of the City may be rejected. Replacements, rework or both, completed as required, will be accomplished on a timely basis at no additional cost to the City. Contractor shall ensure that its workers, and those of its subcontractors, if any, are sufficiently trained on the scope of work, and the work to be done in order for the City to be reimbursed by FEMA for eligible debris removal. 4.12 within seven (7) days following the execution of this Agreement with the City. The City will approve the General Operations Plan prior to its implementation within the City. The Contractor shall have the authority to implement all actions required to begin the performance of contracted services as se 4.13 When a Notice to Proceed is given by City to the Contractor prior to a storm event, the Contractor is expected to pre-position equipment in close proximity to the City for immediate use after the storm winds subside to a safe level (under 40 miles per hour) and begin the emergency push. Contractor will make all necessary arrangements to mobilize a minimum of 50% of the required resources for the emergency push within two (2) hours and 100% of the required resources within eight (8) hours for the emergency push. Contractor will make all necessary arrangements to mobilize a minimum of 50% of the required resources within seventy- two (72) hours and 100% of the required resources within one hundred and twenty (120) hours to commence and conduct the storm debris collection and removal. The City may take actions as necessary to address the failure of the Contractor to mobilize resources on the schedule required by the City. 4.14 All Work shall be scheduled through the City Public Services Director or designee. Contractor will begin the emergency push immediately after a storm. 4.15 The Contractor shall preserve from damage all property adjacent to the Work sites. The Contractor shall erect and maintain all necessary barricades, suitable and sufficient red lights, danger signals, signs, and post flagmen, and shall take all necessary precautions for the protection of the Work and safety of the public. The Contractor is required to repair or replace any damages made to public and private property. 4.16 Contractor shall provide a safe and clean working environment for performing the services pursuant to this Agreement. 4.17 Contractor means and method of debris collection will be performed in a manner that does not leave storm debris and material on the streets. A combination of front end loaders and clam shell trucks will be used for debris removal. Immediately after storm debris piles are removed by large equipment, Contractor will ensure that the remains of the piles are also collected and hauled away. Contractor shall not leave storm debris and materials in the rights of way. 4.18 s Storm Debris Collection Monitoring and FEMA Public Assistance Grant Administrator Contractor. 8 5.0 Agreement Period 5.1 The initial Agreement period is for three (3) years beginning on _______ 1, 2020 and expiring on May 31, 2023. The Agreement can be extended for three (3) additional one (1) year periods with the written approval of the City Manager and Contractor executed no less than sixty (60) days prior to the expiration date. Unit prices will remain firm for the first three-year term and the City Manager may negotiate and approve reasonable price adjustments in the subsequent Contract years as long as acceptable within FEMA guidelines. 5.2 Contractor agrees that all Work shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion of it within a time specified by City. Failure to achieve timely, completion shall be regarded as a breach of this Agreement and subject to the appropriate remedies. A specific time limit on the period of performance for the work to be done will be identified for each storm event depending on the amount of debris that needs to be collected and disposed of. The City Manager will issue a written notice to proceed for each storm event. 6.0 Agreement Price and Payment The City agrees to pay Contractor unit pricing for the faithful performance of the Services of this Agreement. Prices for work completed by the Contractor are reflected i proposal. Mobilization, stand-by costs, and reduction in productivity are included in the Proposal attached as Exhibit A. All work will be paid on unit prices. Payment will be made only for Work that FEMA determines eligible. Payments will be made pursuant to Article 17 of this Agreement. 7.0 Contractor Responsibilities In addition to those responsibilities enumerated in Article 4.0 above, the Contractor shall be responsible for the following: 7.1 Contractor shall bear all of its own operating costs and is responsible for all permit and license fees, and maintenance of its own trucks and equipment to keep such property in a condition and manner adequate to accomplish contracted services. Upon receipt and acceptance of full documentation of the performance of services and an accurate invoice as specified by the City, the Contractor shall be reimbursed on a unit price basis as specified in the Agreement. 7.2 In addition, all costs related to labor, materials, and equipment shall be fair, reasonable, and consistent with costs set forth in the most current version of the FEMA Schedule of Equipment Rates, to be applied at all times for implementation of the Agreement. The City will not pay higher costs than the FEMA approved rate, or in a manner inconsistent with FEMA reimbursement regulations, regardless of what is identified in the proposal or Agreement. 7.3 The Contractor shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. Contractor will be required to provide debris volume estimates in support of proposed costs. Contractor will provide hard copies of volume estimates and all supporting documentation in order to determine if the methodology that the Contractor used to estimate debris was an acceptable and reasonable methodology. 9 7.4 As an inducement for City to enter into this Agreement, Contractor has represented an expertise in storm debris collection and removal following FEMA guidelines for approved collection methods, record keeping, and reimbursement by FEMA for the Work. In reliance upon those representations, City retained Contractor to provide storm debris collection and removal services. Contractor shall be liable for any negligence or breach of any other legal duty to the extent and in the manner as set forth in this Agreement. 7.5 Contractor shall supervise and direct the Work competently and efficiently, devoting such attention to it and applyi with the City, Contractor shall be responsible for and have control over the means, methods, techniques, sequences and procedures of construction. Contractor shall be responsible to see that the finished Work complies with FEMA guidelines. 7.6 During the progress of on-site work, Contractor shall provide full-time competent project supervision and any necessary assistants. The Contractor may, with the permission of the City Manager, or designee, schedule prosecution of the Work during times not otherwise allowable for work within the City as restricted by City ordinance. 7.7 The day-to- payment shall be conducted by a competent project manager. The project manager will regularly coordinate with the City Manager or 7.8 Contractor shall provide and pay for competent, suitably qualified personnel to perform the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor shall at all times maintain good discipline and order for the Work. 7.9 Contractor shall furnish, pay for and assume full responsibility for all materials, equipment, transportation, machinery, tools, appliances, water, heat, utilities and all other facilities and services necessary for the furnishing, performance, testing, start-up, mobilization, and proper completion of the Work. 7.10 Contractor shall be fully responsible to City for all acts and omissions of the by its subcontractors, suppliers and of persons for whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect Agreement with Contractor. Nothing in the Agreement Documents shall create any contractual relationship between City and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 7.11 All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Agreement Documents for the benefit of City, and consistent with a subcontract plan. Contractor must submit a subcontract plan including a clear description of the percentage of the work the Contractor may subcontract out and a list of subcontractors the Contractor plans to use. 10 7.12 Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. 7.13 Contractor shall comply with and give all notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to the performance of the Work. 7.14 Contractor shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the laws and regulations of the State of Florida and its political subdivisions. Contractor is responsible for reviewing the pertinent state statutes involving such taxes and complying with all requirements. City shall pay all tipping or disposal fees assessed, incurred, or charged at the temporary debris management site (TDMS) if any TDMS is used by the City, or other disposal destination that is specified by the City. 7.15 Contractor shall confine equipment, the storage of materials and equipment and the operations of workers to the Project areas and shall not unreasonably encumber any areas with equipment or other materials, particularly on private property. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant of them or of any land or areas contiguous to them, resulting from the performance of the Work. Should any claim be made against City by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. The general indemnification provided elsewhere in the Agreement Documents specifically applies to claims arising out of Con 7.16 Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work to prevent damage, injury and loss to all employees performing the Work and other persons and organizations who may be affected by it and to all the Work and materials and equipment to be incorporated in it. Contractor shall provide a safe and clean working environment. 7.17 Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons and property and to protect them from damage, injury or loss. 7.18 If required by City, Contractor shall promptly, as directed, either correct all defective Work or, if the Work has been rejected by City, remove it and replace it with non-defective Work. Contractor shall bear all direct costs of such correction or removal (including but not limited to fees and charges of engineers, architects and other professionals) made necessary by such actions. 7.19 Contractor will pro reimbursement from FEMA for the Work, and that FEMA and the Monitoring Firm will require specific reporting and documentation from the Contractor. The Contractor shall participate in all the Work. with this paragraph, City shall have a right to recover all such non-reimbursed payments from Contractor. 11 7.20 In the event of post-event payment reviews and audits by any governmental entity that reimbursed the City for storm collection and disposal services and collection monitoring services, Contractor shall provide all required documentation in its possession related to such review and audit. 7.21 Environmental Protection - Any and all fluids or chemicals (work-related materials such as oil-drip, absorbents, etc.) used by the Contractor(s) must be used and disposed of in accordance with all rules and regulations of local, state and federal regulatory agencies. Contractor(s) and subcontractors shall not perform maintenance on over-the-road equipment at DMS(s). Maintenance of equipment that typically remain at the DMS (e.g., track hoes, front end loaders, grinders, etc.) may be conducted at the DMS provided best management practices are followed and all wastes are managed and disposed of in accordance with all rules and regulations of local, state and federal regulatory agencies. The Contractor(s) shall, at its own expense, ensure that noise and dust pollution is minimized to comply with all City and County and state laws and the approval of the City Debris Manager. The Contractor(s) shall comply in a timely manner with all directions of the City Debris Manager regarding the use of a water truck or other approved dust abatement measures. The Contractor(s) shall comply with all laws, rules, regulations and ordinances regarding environmental protection. The Contractor(s) shall immediately report and document all incidents to the City Debris Manager or the authorized representative that affect the environmental quality of DMS(s) such as, but not limited to, hydraulic fluid leaks, oil spills or fuel leaks. The Contractor must notify the City regarding any fluid or chemical spillage so that the City or its authorized representative can review and approve of the cleanup. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Contractor shall take immediate containment action as necessary to minimize the effect of any spill or leak. Cleanup shall be done in accordance with applicable federal, state and local laws and regulations. Petroleum, oil, and lubricant spills shall be reported to the National Response Center, Broward County Environmental Protection Department and the City Debris Manager immediately following discovery. A written follow-up shall be submitted to the City Debris Manager not later than 7 days after the initial report. The written report shall be in narrative form and, as a minimum, shall include the following. Description of the material spilled (including any identity, quantity, etc.) Determination as to whether or not the amount spilled is EPD/DEP reportable and when and to whom it was reported. Exact time and location of spill, including description of the area involved. Receiving waters (including, but not limited to canals and drainage areas) Cause of incident and equipment and personnel involved. Injuries or property damage. Duration of discharge. Containment procedure implemented. Summary of all communications the Contractor has had with press or other officials. Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue. 12 8.0 Defective Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Agreement Documents, City may order Contractor to stop the Work, or any portion of it, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor or any other party. 9.0 City Manager Responsibilities 9.1 City Manager, or designee, such designation t contact person during the work period and until final close-out of the Project. 9.2 City Manager, or designee, will make visits to the work areas to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Agreement Documents. City Manager's, or designee's, efforts will be directed toward providing for City a greater degree of confidence that the completed Work will conform with FEMA guidelines and Agreement Documents. 9.3 City Manager, or designee, will issue, with reasonable promptness, such written clarifications or interpretations of the technical requirements of the Agreement Documents as City Manager or designee may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Agreement Documents. Should Contractor fail to request interpretation of questionable items in the Agreement Documents, City will thereafter not entertain any excuse for failure to execute the Work in a satisfactory manner, or for payment of work claimed by Contractor that is not authorized by the terms of this Agreement. 9.4 City Manager, or designee, will interpret and decide matters concerning performance under the requirements of the Agreement Documents upon written request of either City or Contractor. City Manager, or designee, will make initial decisions on all claims, disputes or other matters in question between City and Contractor. Written notice of each such claim, dispute or other matter will be delivered by claimant to City Manager, or designee, and the other party but in no event later than ten (10) calendar days after the occurrence of the event giving rise to it, together with written supporting data. 9.5 In the event City and Contractor disagree upon whether Contractor is entitled to be paid for Work required by City, or in the event of any other disagreements over the scope of Work included within the Agreement Price, City and Contractor agree to negotiate in good faith to resolve the issue amicably. As part of the negotiation process, Contractor shall furnish City with a good faith If the parties are unable to agree, and City expects Contractor to perform the Work in accordance erpretations, Contractor shall proceed to perform the disputed Work, conditioned interpretation of the Work that is to be performed. 9.6 City Manager or designee is authorized to make Field Orders and execute Work Directives in the best interests of the health, safety, and welfare of the citizens and residents of the City. 13 10.0 Insurance UPON EXECUTION OF THE AGREEMENT, THE CONTRACTOR SHALL SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING THE REQUIRED COVERAGES AND SPECIFICALLY PROVIDING THAT THE CITY OF DANIA BEACH IS AN ADDITIONAL NAMED INSURED OR ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED COVERAGE AND THE OPERATIONS OF THE CONTRACTOR UNDER THE AGREEMENT. 10.1 The coverages are specified in the RFP and are incorporated by this reference. The Certificates of Insurance shall not only name the types of policies provided, but shall also specifically refer to this Agreement and shall state that such insurance is as required by Article 10 and its subparts of this Agreement. Contractor shall not commence work under this Agreement until after Contractor has obtained all of the minimum insurance herein described and the policies of such insurance detailing the provisions of coverage have been received and approved by City. Contractor shall not permit any Subcontractor to begin work until after similar minimum insurance to cover Subcontractor has been obtained and approved. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the term of this Agreement, then in that event, Contractor shall furnish a renewed Certificate of Insurance as proof that equal and like coverage and extension is in effect. Contractor shall not continue to perform the services required by this Agreement unless all required insurance remains in full force and effect. 10.2 Insurance Companies selected must be acceptable to the City. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, or renewal refused until at least thirty (30) calendar days written notice has been given to City by regular mail. 10.2.1 for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, United States bility Act, and the Homes Act shall be provided with a minimum of One Million dollars ($1,000,000) limit, and One Hundred Thousand dollars ($100,000) per accident. Contractor agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. 10.2.2 Comprehensive Automobile Liability Insurance for all owned, non-owned and hired automobiles and other vehicles used by the Contractor in the performance of the work with the following minimum limits of liability: $1,000,000 Combined Single Limit, Bodily Injury and Property Damage Liability, per occurrence. 10.2.3 Comprehensive General Liability Insurance (occurrence form) with the following minimum limits of liability: $1,000,000 Combined Single Limit, Bodily Injury and Property Damage Liability, per occurrence and $2,000,000 annual aggregate Comprehensive General Liability coverage. City shall be named as an additional insured. 14 10.2.4 Coverage must be offered in a form no more restrictive than the latest edition of the Comprehensive General Liability Policy without restrictive endorsements, as filed by the Insurance Services Office and shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: 10.2.4.1 Premises and Operations; 10.2.4.2 Independent Contractors; 10.2.4.3 Product and Completed Operations Liability; 10.2.4.4 Broad Form Property Damage; 10.2.4.5 Broad Form Contractual Coverage applicable to Agreement; 10.2.4.6 Personal Injury Coverage; 10.2.4.7 Explosion, collapse, underground coverage (XC-U) 10.3 The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the following minimum rating of B+ to A+, in accordance with the latest edition of A.M. Best's Insurance Guide. 10.4 All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against City with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all losses covered by the above described insurance. 10.5 The Contractor shall ensure that any company issuing insurance to cover the requirements contained in this Agreement agrees that they shall have no recourse against City for payment or assessments in any form on any policy of insurance. 10.6 The clauses "Other Insurance Provisions" and "Insurers Duties in the Event of an Occurrence, Claim or Suit" as it may appear in any policy of insurance in which City is named as an additional named insured shall not apply to City. City shall provide written notice of occurrence 10.7 The Contractor agrees to perform the Work under the Agreement as an independent Contractor, and not as a Subcontractor, agent or employee of City. 10.8 Contractor shall require each of its Subcontractors of any tier to maintain the insurance required herein for each category, and Contractor shall provide verification thereof to City upon request of City. 10.9 Violation of the terms of this Article and its subparts, including without limitation, a lapse or cancellation of any required insurance, shall constitute a breach of the Agreement and City, at its sole discretion, may cancel the Agreement and all rights, title and interest of the Contractor shall thereupon cease and terminate. 15 10.10 City shall not be responsible for purchasing and maintaining any insurance to protect the interests of Contractor, Subcontractors or others on the Work; provided that should the insurance outlined above be canceled for any reason, the City shall have the right to purchase equivalent insurance and charge the cost of that insurance against any amount due the Contractor under the terms of this Agreement, or find the Contractor in default and terminate this Agreement; provided, that City specifically reserves all statutory and common law rights and immunities and nothing herein is intended to limit or waive same including, but not limited to, the procedural and substantive provisions of Section 768.28, Florida Statutes and Section 95.11, Florida Statutes. 11.0 Performance and Payment Bonds Contractor shall execute and furnish to City a Performance Bond and a Payment Bond when issued a Notice to Proceed for a storm event , each written by a corporate surety, having a resident agent in the State of Florida. The surety company shall have at least the following minimum qualification in accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best Company, Inc., Ambest Road, Oldwick, New Jersey 08858: A to A+. The penal sum stated in each Bond shall be the amount equal to the total one hundred and twenty-five percent (125%) of the amount payable under the terms of the Agreement. The Performance Bond shall be conditioned that the Contractor perform the Work in the time and manner prescribed in the Agreement. The Payment Bond shall be conditioned that the Contractor promptly make payments to all persons who supply the successful Proposer with labor, materials and supplies used directly or indirectly the prosecution of the Work. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, it shall be the duty of the Contractor to record the aforesaid Performance and Payment Bonds in the public records of Broward County, with the successful Proposer to pay all recording costs. 12.0 Warranties; Tests; Inspections; and Correction of Defective Work 12.1 The Contractor warrants that all services will be performed in a workmanlike manner. 12.2 Contractor warrants to the City that it will comply with all applicable federal, state and local laws, regulations, and orders, including without limitation those issued by FEMA in carrying out its obligations under the Agreement. 12.3 Contractor warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Agreement. 12.4 Contractor warrants to the City that the consummation of the Work provided for in the Agreement Documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, Agreement, or agreement to which the Contractor is a party. 12.5 No warranty, either express or implied, may be modified, excluded or disclaimed in any way by Contractor. All warranties shall remain in full force and effect, notwithstanding acceptance and payment by City. 12.6 Contractor warrants to City that the consummation of the work provided for in the Agreement documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, Agreement, or agreement to which Successful Proposer is a party. 16 12.7 Contractor shall furnish all guarantees and warranties to the Public Services Department prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 12.8 Conditions of Material All materials and products supplied by the Proposer in conjunction with this proposal shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Contractor at no cost to the City. 12.9 Copyrights Or Patent Rights The Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this Agreement. The Contractor agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 12.10 Safety Standards The Proposer warrants that the product(s) supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). 13.0 Public Records 13.1 Contractor agrees to keep and maintain p performance under this Agreement. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall 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 Agreement, and following completion of the Agreement until the records are transferred to the Owner. 13.2 Upon request from the Owner custodian of public records, Contractor shall provide the Owner 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. 13.3 Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the Owner. 17 13.4 Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the Owner, within seven (7) days. All such records stored electronically by Owner shall be delivered to the Owner in a format that y systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 13.5 Any compensation due to Contractor shall be withheld until all records are received as provided in this Article. 13.6 result in the immediate termination of this Agreement by the Owner. Section 119.0701(2)(a), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: THOMAS SCHNEIDER, CITY CLERK Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone number: 954-924-9800, Ext. 3623 Email: tschneider@daniabeachfl.gov 14.0 Changes in Work 14.1 City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. Such additions, deletions or revisions shall be authorized by a Written Amendment, or Work Directive executed by the City Manager. All Agreement amendments and modifications will be in writing. 14.2 No claim against City for extra Work in furtherance of such Written Amendment or Work Directive shall be allowed. 15.0 Contractor Indemnification The Indemnification provision in the RFP is incorporated in the Agreement by this reference. 18 16.0 Contracting with Small and Minority businesses, and Labor Surplus Area Firms The RFP provision in the RFP is incorporated in the Agreement by this reference. 17.0 Payments and Completion of Work 17.1 Contractor may requisition payments for Work completed during the Project at intervals of not more than once a month, with each invoice covering a period of no more than thirty components, the quantities completed and the amount due, together with a certification by the Contractor that the Contractor has disbursed to all subcontractors and suppliers their pro-rata shares of the payment out of previous progress payments received by the Contractor for all Work completed and materials furnished in the previous period or properly executed releases of liens by all Sub applications for payment, and any other supporting documentation as may be required by the City Manager or designee or Agreement Documents. Each requisition shall be submitted in duplicate to the City Manager, or designee, for approval; City shall have thirty (30) business days to approve or disapprove the requisition. If the requisition is not approved, the reasons therefor shall be stated with particularity. The City shall make payment to the Contractor within fifteen (15) calendar days ayment. 17.2 The final application for payment shall be accompanied by: (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work; or (2) in full covering all labor, materials and equipment for which a lien or claim could be filed; or (3) a final affidavit stating that all laborers, materialmen, suppliers and subcontractors who worked for Contractor under this Agreement have been paid in full or if the fact be otherwise, identifying the name of each lienor/claimant who has not been paid in full and the amount due or to become due each for labor, services or materials furnished. If any Subcontractor or supplier fails to furnish a release or receipt in full, Contractor may furnish a bond satisfactory to City to indemnify City against any lien or claim. 17.3 If, on the basis of City Manager's, or designee's, observation of the Work during debris collection and removal and final inspection, and City Manager's, or designee's, review of the final Application for Payment and accompanying documentation, City Manager, or designee, is satisfied that the Work has been completed in accordance with the Agreement Documents and Cont or designee, will, present the Application to City for payment. Otherwise, City Manager, or designee, will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. Fifteen (15) calendar days after presentation to City of the Application and accompanying documentation, in appropriate form and substance, the amount recommended by City Manager, or designee, will become due and will be paid by City to Contractor. 17.4 Final payment, constituting the entire unpaid balance of the Agreement Price shall be paid by the City to the Contractor when the Work has been completed in accordance with the Agreement Documents, the Agreement has been fully performed, and a final certificate for payment has been issued by the City Manager, or designee. The making of final payment shall constitute a waiver of claims by City except those arising from: 19 17.4.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 17.4.2 Faulty or defective Work and latent defects discovered after acceptance. 17.4.3 Failure of the Work to comply with the requirements of the Agreement Documents. 17.4.4 Terms of special warranties required by the Agreement Documents. 17.4.5 under this Agreement. 17.5 The acceptance of final payment by Contractor or the Subcontractor for materials and supplies shall constitute a waiver of claims by that payee except those previously made in writing and identified by payee as unsettled at the time of final application for payment. 17.6 The City may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 17.6.1 Defective Work not remedied. 17.6.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 17.6.3 Failure of the Contractor to make payment to Subcontractors or suppliers for materials or labor. 17.6.4 Damage to another contractor not remedied. 17.6.5 Failure to carry out the Work in accordance with the Agreement Documents. 17.7 When the above issues are removed or resolved or the Contractor provides a surety bond or a consent of surety satisfactory to the City which will protect the City in the amount withheld, payment may be made in whole or in part. 18.0 18.1 It is expressly understood and agreed that the City may terminate this Agreement, in total or in part, at any time for cause or convenience without penalty. sole obligation to the Contractor shall be payment for services for work previously authorized and performed. Such payment shall be determined on the basis of the hours or percentage of work performed by the Contractor up to the time of termination. Upon such termination, the City may, without penalty or other obligation to the Contractor, elect to employ other persons to perform the same or similar services. City may terminate the Agreement upon the occurrence of any one or more of the following events: 20 18.1.1 If Contractor commences a voluntary case under any chapter of the Bankruptcy Code as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency. 18.1.2 If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency. 18.1.3 If Contractor makes a general assignment for the benefit of creditors. 18.1.4 If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under an agreement, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of Con 18.1.5 If Contractor admits in writing an inability to pay its debts generally as they become due. 18.1.6 If Contractor persistently fails to perform the Work in accordance with the Agreement Documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as same may be revised from time to time). 18.1.7 If Contractor disregards laws or regulations of any public body having jurisdiction, state and FEMA guidelines, or acceptable safety practices. 18.1.8 If Contractor otherwise violates in any substantial way any provisions of the Agreement Documents. 18.2 City reserves the right to terminate this Agreement immediately for unsatisfactory performance. In such case Contractor shall not be entitled to receive any further payment for additional work performed. 18.3 Termination for convenience/no cause. notice to Contractor, City may, without cause and without prejudice to any other right or remedy, determines that such termination is in the best interests of City. Where the Agreement is terminated for the convenience of City, the notice of termination to Contractor must state that the Agreement is being terminated for the convenience of City under the termination clause, the effective date of the termination and the extent of termination. Upon receipt of the notice of termination for convenience, Contractor shall promptly discontinue all Work at the time and to the extent indicated on the notice of termination, terminate all outstanding subcontractors to the extent that they relate to the terminated portion of the Agreement, and refrain from placing further orders and subcontracts. Except as set forth below, Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 21 18.4 Termination for Cause. If the Contractor fails to provide the Services, or shall in any other manner commit a breach of the Agreement and fails to remedy the same within five (5) calendar days after written notice from the City, the City may terminate the Agreement resulting from the RFP without any further notice to the Contractor. City representatives will review the Services periodically to assure that the requirements of the Agreement are being met. If any portion of the Services are unsatisfactory, the Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. Failure on the part of the Contractor to comply with the conditions, terms, specifications and requirements of the Proposal shall be just cause for cancellation of the Proposal award. The City shall be the sole judge of nonperformance. 18.5 Liquidated Damages Should the Contractor fail to complete requirements set forth in this scope of work, the City will suffer damage. The amount of damage suffered by the City is difficult, if not impossible to determine at this time. Therefore, the Contractor shall pay the City, as liquidated damages, the following: a. The Contractor shall pay the City, as liquidated damages, $1,000.00 per calendar day of delay to mobilize in the City with the resources required to begin debris removal operations, within seventy-two (72) hours of being issued a Notice to Proceed. b. The Contractor shall pay the City, as liquidated damages, $500.00 per load of disaster debris collected in the City that is not disposed of at a City approved DMS or City approved Final Disposal Site and any associated fines levied by a third party. Application of liquidated damaged does not release the Contractor of all liability associated with hauling and depositing material to an unauthorized location. c. The Contractor shall pay the City, as liquidated damages, $500.00 per incident where the Contractor fails to repair damages that are caused by the Contractor or a subcontractor(s). Application of liquidated damages does not release the Contractor from the responsibility of resolving or repairing damages. The amounts specified above are mutually agreed upon as reasonable and proper amount of damage the City should suffer by failure of the Contractor to complete requirements set forth in the scope of work. 18.6 Change Orders The City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A written Amendment, Change Order or Work Change Directive shall authorize such additions, deletions or revisions. All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to the City or which extend the time for completion, must be formally authorized and approved by the appropriate City authority prior to their issuance and before Work may begin. No claim against the City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. The Project Manager shall prepare Proposed Change Orders on forms provided by the City. When submitted for approval, they shall carry the signature of the Public Works Director, the City Manager, and the Contractor. 22 If the City and the Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made for it. The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be accordingly. Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to the Engineer/Project Manager not later than fifteen (15) calendar days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Contract Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. The cost or credit to the City from a change in the Work shall be determined by one or more of the following ways: 1) By a Cost Analysis process to be performed on all change orders. The cost analysis for all change orders will include a separate determination of profit for each change order requested. 2) When only nominal quantities are to be changed, a Change Order may be determined by existing unit prices stated in the Contract Documents or subsequently agreed upon in writing. For substantive changes in quantities, Contractor shall be required to perform a cost analysis as required in the previous paragraph. 19.0 Notice, Computation of Time 19.1 All notices required by any of the Agreement Documents shall be in writing and shall be deemed delivered upon mailing by certified mail, return receipt requested to the following: For City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Telephone: 954-824-6800 Copy to: Thomas Ansbro, City Attorney 100 West Dania Beach Boulevard Dania Beach, FL 33004 Telephone: 954-824-6800 For Contractor: Ronald M. Bergeron, Sr., President 19612 S.W. 69 Place Pembroke Pines, Florida 33332 23 Notice by facsimile shall not be deemed received until the party receiving such a notice receives a copy of such notice through certified mail, return receipt requested. 19.2 When any period of time is referred to in the Agreement Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. 20.0 Miscellaneous 20.1 The duties and obligations imposed by the Agreement Documents and the rights and remedies available to the parties in this Agreement, and, in particular but without limitation, the warranties, guaranties and obligations imposed upon Contractor and all of the rights and remedies available to City under them, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Agreement Documents, and the provisions of this Paragraph will be as effective as if repeated specifically in the Agreement Documents, and the provisions of this Paragraph will survive final payment and termination or completion of the Agreement. 20.2 Contractor shall not assign, sublet or transfer this Agreement or its rights, title or interests in it without City City Commission, which may be withheld for any or no reason. The obligations undertaken by Contractor pursuant to the Agreement shall not be delegated or assigned to any other person or firm unless City shall first consent in writing to the assignment, subletting or transfer of it. Violation of the terms of this Paragraph shall constitute a breach of Agreement by Contractor and the City may, at its discretion, cancel the Agreement and all rights, title and interest of Contractor shall thereupon cease and terminate. 20.3 Contractor and its employees, volunteers, subcontractors, and agents shall be and remain independent contractors and not agents or employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties to this Agreement. 20.4 Contractor shall only designate employees who are sufficiently skilled to provide the required services specified in this Agreement. Any person employed to provide the Services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to the Services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from performing the Services. Any interference with, or any abusive or threatening conduct toward any City representative, City assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the Agreement and re-let the Services. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Services areas where Services are conducted in an acceptable and safe condition. 24 20.5 Contractor agrees that it or its officers, if a corporation or other legal entity, shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. 20.6 The remedies expressly provided in this Agreement to City shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in favor of City now or hereafter existing at law or in equity. 20.7 Should any part, term or provision of this Agreement be decided by a court to be invalid, illegal or in conflict with any law of the State, the validity of the remaining portion or provision shall not be affected. 20.8 Neither party, nor its employees, shall have or hold any continuing or frequently recurring employment or contractual relationship, or have any adverse claim against the other party, that is substantially antagonistic or incompatible with l and conscientious exercise or judgment related to its performance under this Agreement. This provision shall also 20.9 This Agreement may not be amended or modified except in writing, approved and executed by the parties with the same formalities and dignity as this Agreement. 20.10 The City reserves the right to assign work to various contractors, at its sole discretion, and this Agreement is not to be construed as a guarantee for work. 21.0 Nondiscrimination and Equal Opportunity Employment During the performance of this Agreement, Contractor agrees as follows: 21.1 The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, 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, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 21.2 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 21.3 Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the labor union or workers' representatives 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. 25 21.4 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. 21.5 Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by 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. 21.6 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the rules, regulations, or orders, this Agreement 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 contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as 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. 21.7 Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; 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. 22.0 Compliance with the Copeland "Anti-Kickback" Act 22.1 Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Agreement. 22.2 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 Agreement clauses. 22.3 Breach. A breach of the Agreement clauses above may be grounds for termination of the Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.§ 5.12. 26 23.0 Compliance with the Agreement Work Hours and Safety Standards Act 23.1 Overtime requirements. No Contractor or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week. 23.2 Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section 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 Agreement 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 (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 23.3 Withholding for unpaid wages and liquidated damages. FEMA 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 Agreement Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 23.4 Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section 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 (1) through (4) of this section. 24.0 Clean Air Act 24.1 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 et seq. 24.2 Contractor agrees to report each violation to the City and understands and agrees that the City will, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 24.3 Contractor agrees to include these requirements in each subcontract exceeding $100,000.00 financed in whole or in part with Federal assistance provided by FEMA. 27 25.0 Federal Water Pollution Control Act 25.1 Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 25.2 Contractor agrees to report each violation to the City and understandsand agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 25.3 Contractor agrees to include these requirements in each subcontract exceeding $100,000.00 financed in whole or in part with Federal assistance provided by FEMA. 26.0 Suspension and Debarment 26.1 This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), 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). 26.2 The Contractor must comply with 2 C.P.R. pt. 180, subpart C and 2 C.P.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 26.3 Contractor agrees 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 Agreement that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. 27.0 Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000.00 or more shall 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 shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient. 28.0 Maximum use of products containing recovered materials 28.1 In the performance of this Agreement, Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired; (i) competitively within a timeframe providing for compliance with the Agreement performance schedule; (ii) meeting Agreement performance requirements; or (iii) at a reasonable price. 28 28.2 Information about this requirement is available at Comprehensive Procurement Guidelines web site, http://www.epa.gov /cpg/. The list of EPA-designate items is available at http://www.epa.gov/cpg/products.htm. 29.0 Access to Records 29.1 Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. 29.2 Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 29.3 Contractor agrees to provide the FEMA Administrator or the authorized representatives access to work sites pertaining to the work being completed under the Agreement. 30.0 Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund the Agreement only. Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 31.0 No Obligation by Federal Government The federal government is not a party to this Agreement and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the Agreement. 32.0 Program Fraud and False or Fraudulent Statements or Related Acts Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to actions pertaining to this Agreement. 33.0 Governing Law: 33.1 The laws of the State of Florida shall govern this Agreement. Venue shall be Broward County, Florida. The Agreement is not subject to arbitration. THE PARTIES EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES ARISING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL AGREEMENT TERM. 33.2 All claims, counterclaims, disputes and other matters in question between City and the Contractor arising out of, relating to or pertaining to the Agreement, the breach of it, the services of it, or the standard of performance required in it, are to be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first 29 negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. IN WITNESS OF THE FOREGOING, City and Contractor have signed this Agreement, in duplicate. CITY OF DANIA BEACH, FLORIDA, THOMAS SCHNEIDER, CMC TAMARA JAMES, MAYOR CITY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS; THOMAS J. ANSBRO, CITY ATTORNEY ANA M. GARCIA, ICMA-CM CITY MANAGER 12. Price Proposal P a g e | 63 Tab 12:Price Proposal Disaster Debris Removal and Disposal Service RFP No.20 004 12. PRICE PROPOSAL P a g e | 64 Tab 12:Price Proposal Disaster Debris Removal and Disposal Service RFP No.20 004 P a g e | 65 Tab 12:Price Proposal Disaster Debris Removal and Disposal Service RFP No.20 004 P a g e | 66 Tab 12:Price Proposal Disaster Debris Removal and Disposal Service RFP No.20 004 1 SECOND RENEWAL BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND CUSTOM TREE CARE, INC. A FOREIGN CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA, FOR DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES. This is the Second (the “Renewal”) between the City of Dania Beach, Florida, a Florida municipal corporation (“City”) and Custom Tree Care, Inc., a foreign corporation authorized to conduct business in Florida (“Contractor”), with its principal mailing address of 6021 SW 29 Street, PMB #130, Topeka, Kansas 66614. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The agreement existing between the Contractor and the City of Dania Beach and any amendment(s) to it, dated February 10, 2021, along with the First Renewal dated March 22 2024, a copy of each are attached as composite Exhibit “A”, and made a part of and are incorporated into this Renewal by this reference), shall be considered as part of this Renewal between the City and the Contractor. 2. The current Agreement expired on March 11, 2025 and this Renewal is retroactive to that date and it is valid through March 11, 2026. 3. Pursuant to Resolution No. 2020-151, the City wishes to exercise the second of three (3) one (1) year renewal options with the Contractor. 4. That in all other respects, the terms of the Agreement apply to this Renewal. SIGNATURES ON FOLLOWING PAGES 2 IN WITNESS of the foregoing, the parties have executed this First Renewal on . 2025. CITY: CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY 3 WITNESSES: CONTRACTOR: CUSTOM TREE CARE, INC. a foreign corporation Signature Signature PRINT Name PRINT Name Signature Title PRINT Name Date STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2024, by , as of Custom Tree Care, Inc/ a foreign corporation authorized to conduct business in Florida. He/she is personally known to me or has produced as identification. Notary Signature Notary Seal: Printed Name March 22