06/13/2019 Agreement ATTACHMENT D.6
- COUNTY ADMINISTRATOR __ -
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with: A-1 Property Services - Contract#
Effective Date:
Expiration Date:
Contract Purpose/Description:
Hurricane Irma Building Repairs at Marathon Animal Shelter
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Breanne Erickson X4427 Project Mgmt#1
(Name) (Ext.) (Department/Stop#)
CONTRACT COSTS
Total Dollar Value of Contract: $ 25,850.00 Current Year Portion: $ 25,850.00
(must he less than S50,000) (leraultiycar agreement then
reyuhres 130CC approval.unless tttc
total tomutatt% a'ttount I,Ice',than
5 Su-Utt17 tU)
Budgeted? YesQ No // Account Codes: 125-0459110-530460-IRMONREI-530460
Grant: $ - - - -
County Match:$
ADDITIONAL COSTS
Estimated Ongoing Costs:$ /yr For:
(Not included in dollar value above) (c.g.maintenance,utilities,janitorial.salaries,etc.)
CONTRACT REVIEW
Changes Date Out
D to; n Needed l t to r /�
Department Head SH�r YesO NoN Y I 54y 1
Risk Management 'EH YesO Norr traM164-'9
O.M.B./Purchasing S1244t9 YesO NolX] 5 1Z4lt4
County Attorney 5f1 //It YesQ NoN 5 z
Comments: `
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1100 Simonton Street,2-216
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PROPOSAL TO: Monroe County Project Management
1100 Simonton St., Room 2-216
Key West, FL 33040
PROPOSAL FROM: A•1 Property Services Group INC
• 890 SW 69 ave
Miami,Fl 33144
The undersigned, having carefully examined the Work and reference Drawings,
Specifications, Proposal, and Addenda thereto and other Contract Documents for
the construction of:
MONROE COUNTY MARATHON ANIMAL SHELTER BUILDING HURRICANE
i REPAIRS
and having carefully examined the site where the Work is to be performed,
having become familiar with all local conditions including labor affecting the cost
thereof, and having familiarized himself/herself with material availability, Federal,
State, and Local laws, ordinances, rules and regulations affecting performance of
the Work, does hereby propose to furnish all labor, mechanics, superintendents,
tools, material, equipment, transportation services, and all incidentals necessary
to perform and complete said Work and work incidental hereto, in a workman-like
manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he/she has personally inspected the actual
location of where the Work is to be performed, together with the local sources of
supply and that he/she understands the conditions under which the Work is to be
performed. The proposer shall assume the risk of any and all costs and delays-
arising from the existence of any subsurface or other latent physical condition
which could be reasonably anticipated by reference to documentary information
provided and made available, and from inspection and examination of the site.
The undersigned agrees to commence performance of this Project within ten (10)
calendar days after the date of issuance to the undersigned by Owner of the
Purchase Order. Once commenced, undersigned shall diligently continue
performance until completion of the Project. The undersigned shall.accomplish
Substantial Completion of the Project within Forty Five (45) calendar days. The
undersigned shall accomplish Final Completion of the Project within Thirty (30)
calendar days thereafter.
Page 9 of 31
41 Monroe County Engineering
r - 1100 Simonton Street,2-216
Key West,FL 33040
��. 'pj Project Management
The Base Proposal shall be furnished below In words and numbers. If there is an
inconsistency between the two, the Proposal in words shall control.
Twenty Flve Thousand Eight hundred Fifty Dollars
(Total Base Proposal-words Marathon Animal Shelter)
25,850.00 Dollars
(Total Base Proposal—numbers Marathon Animal Shelter)
I acknowledge receipt of Addenda No.(s) or None
No. 1 Dated 0\ I261 1201a1
Page 10 of 31
r� Monroe County Engineerings.4 n •i.: 1100 Simoatan Sheri.2.216
-t-+.1,` fd ' Key west,FI. 33040
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In addition, Proposer states that he/she has included a certified copy of Contractor's
License, Monroe County Occupational License, and Certificate of Liability showing the
minimum insurance requirements for this project.
Execution by the Contractor must be by a person with authority to bind the entity.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives, as follows:
Contractor: A-I Property Services Group Inc
Mailing Address: 890 Sw 69 ave
Miami Fl 33144
Phone Number: 305-�171-7353
E.I.N.: 20-8899101
Email: Geo@alpropertyservic net
Date: 01/27/2019 Signed: ----- kt .....i>
Yo•va iy Madruga
(Name)
CEO
(Title)
Contraclor's Witness signature:
hi
Witness`name: J v"r: Jrcri (,
Date: i i 3\ 1 ct i
MO .)OE COUNTY',
Date: - 1 /C
- ght, ►ir- tar :
Project Ma -gement
sraor Date: 12 f/zo/9
—COUNTY ATTORNEY Page 11 of 51
PR VED AS TO FORM
7.‘
CHRI AMB 10 �__—
ASSISTANT CO Ty ATTORNEY
Date: / Z 9
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r- r Key West,FL 33040
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ADDITIONAL CONTRACT PROVISIONS
I. .Nondiscrimination/Equal Employment Opportunity.
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of
the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination
Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255),
as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation.Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color,
sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; 11) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of,
this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with
Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive
Order 11246 Relating to Equal Employment Opportunity, and implementing
regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200,
Appendix II, ¶C, agrees as follows:
(1) The CONTRACTOR will not discriminate against any employee or.applicant
for employment because of race, color, religion, sex `=sexual)"orientation "gender
identity, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity, or
Page 12 of 31
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Monroe County Engineering
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national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
(2) The CONTRACTOR will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
• (3) The CONTRACTOR will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall not
apply to instances in which an employee, who has access to the compensation
information of other employees or applicants as a part of such employee's essential
job functions, discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted by
the employer, or is consistent with the CONTRACTOR's legal duty to furnish
information.
(4) The CONTRACTOR will send to each labor union or representative of
workers with which it has ,a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer, advising
the labor union or workers' representative of the contractor's commitments under
section 202 of Executive Order 11246 of September 24, 1965, and shall post copies
of the notice in conspicuous places available to employees and applicants for
employment.
(5) The CONTRACTOR will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The CONTRACTOR will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation,to ascertain compliance with such rules, regulations,
and orders.
(7) In the event of the CONTRACTOR's non-compliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations, or
orders, this contract may be canceled, terminated, or suspended in whole or in part
and the CONTRACTOR may be declared ineligible for further Government contracts
in accordance with procedures authorized in Executive Order 11246 of September
Page 13 of 31
Monroe County Engineering
t 'tt 1100 Simonton Street,2-2I6
Key West,FL 33040
Project Management
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
II. Termination.
a. In the event that the CONTRACTOR shall be found to be negligent in any aspect
of service, the COUNTY shall have the right to terminate this agreement after five
(5)days'written notification to the CONTRACTOR.
b. Either of the parties hereto may cancel this Agreement without cause by giving
the other party sixty (60) days'written notice of its intention to do so.
c. Termination for Cause and Remedies: In the event of breach of any contract
terms, the COUNTY retains the right to terminate this Agreement. The COUNTY
may also terminate this agreement for cause with CONTRACTOR should
CONTRACTOR fail to perform the covenants herein contained at the time and in
the manner herein provided. In the event of such termination, prior to termination,
the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice
• and provide the CONTRACTOR with an opportunity to cure the breach that has
occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY
shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement
prior to termination, unless the cost of completion to the COUNTY exceeds the
funds remaining in the contract; however, the COUNTY reserves the right to
assert and seek an offset for damages caused by the breach. The maximum
amount due to CONTRACTOR shall not in any event exceed the spending cap in
this Agreement. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of the COUNTY's
False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe
County Code.
d. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon seven (7) days' notice to CONTRACTOR. If the
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall
pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior
to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement. In addition, the COUNTY reserves
all rights available to recoup monies paid under this Agreement, including the
right to sue for breach of contract and including the right to pursue a claim for
violation of the COUNTY's False Claims Ordinance, located at Art. IX, Section 2-
721 et al. of the Monroe County Code.
Page 14 of 31
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L '1``,`i Monroe County Engineering
1100 Simonton Street,2-216
Key West,FL 33040
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e. Scrutinized Companies:
For Contracts of any amount, if the County determines that the
Contractor/Consultant has submitted a false certification under Section
287.135(5), Florida Statutes or has been placed on the Scrutinized Companies
that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have
the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
III. MAINTENANCE OF RECORDS.
CONTRACTOR shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Records shall be retained for a period of
ten(10)years from the termination of this agreement. r. Each party to this Agreement
or its authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records and audit purposes
during the term of the Agreement and for ten (10) years following the termination of
this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes
not authorized by this Agreement, or were wrongfully retained by the
CONTRACTOR, the CONTRACTOR shall repay the monies together with interest
calculated pursuant to Sec. 55.03 of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
IV. PUBLIC ACCESS.
The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the CONTRACTOR and COUNTY in connection with this
Agreement; and the COUNTY shall have the right to unilaterally cancel this
Agreement upon violation of this provision by CONTRACTOR. CONTRACTOR shall
be referred to herein also as"Contractor" for this provision only:
Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers,
letters or other"public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
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Monroe County Engineering
1100 Simonton Street,2.216
jj Key West,FL 33040
Project Management
by the terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract if
the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers
all public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County
shall enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the
public records to the County or pursuant to a valid public records request within a
reasonable time may be subject to penalties under section 119.10, Florida Statutes.
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The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
i IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-
3470 BRADLEY-BRIANnMONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
V. Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files
(including proposals of successful and unsuccessful bidders, bid recaps, bidding
instructions, bidders list, etc); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated
settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any
other supporting evidence deemed necessary by Owner to substantiate charges
related to this agreement, and all other agreements, sources of information and
matters that may in Owner's reasonable judgment have any bearing on or pertain to
any matters, rights, duties or obligations under or covered by any contract document
(all foregoing hereinafter referred to as "Records") shall be open to inspection and
subject to audit and/or reproduction by Owner's representative and/or agents of
Owner. Owner may also conduct verifications such as, but not limited to, counting
employees at the job site, witnessing the distribution of payroll, verifying payroll
computations, overhead computations, observing vendor and supplier payments,
miscellaneous allocations, special charges, verifying information and amounts
through interviews and written confirmations with employees, Subcontractors,
suppliers, and contractors representatives. All records shall be kept for ten (10)
years after Final Completion.
FEDERAL CONTRACT PROVISIONS
The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as
set forth in 2 C.F.R. §200.326 Contract Provisions and Appendix II to 2 C.F.R. Part 200,
as amended, including but not limited to:
I. Clean Air Act (42 U.S.C. §47401-7671a.). and the Federal Water Pollution Control
Act (33 U.S.C. §§1251-1387) as amended. Contractor agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33
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Monroe County Engineering
1100 Simonton Street,2-216
Key West.FL 33040
Project Management
U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-
7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as
amended, applies to Contracts and subgrants of amounts in excess of$150,000.
II. Davis-Bacon Act, as amended (40 U.S.C. $M3141-3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program,
Tribal Homeland Security Grant program, Port Security Grant Program and Transit
} Security Grant Program, all prime construction contracts in excess of $2,000
awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C.
03141-3144, and § 3146-3148) as supplemented by Department of Labor
regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction"). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a
rate not less than the prevailing wages specified in a wage determination made by
the Secretary of Labor. In addition, contractors must be required to pay wages not
less than once a week. If applicable, the COUNTY must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation
(attached hereto as Exhibit "A" and made a part hereof). The decision to award a
contract or subcontract must be conditioned upon the acceptance of the wage
determination. The COUNTY must report all suspected or reported violations to the
Federal awarding agency. When required by Federal program legislation, which
includes emergency Management Preparedness Grant Program, Homeland Security
Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program (it does
not apply to other FEMA grant and cooperative agreement programs, including the
Public Assistance Program), the contractors must also comply with the Copeland
"Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United
States"). As required by the Act, each contractor or subrecipient is prohibited from
inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled, The COUNTY must report all suspected or reported violations to
the Federal awarding agency.
a. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as FEMA may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contractor shall be responsible for the
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compliance by any subcontractor or lower tier subcontractor with all of these
contract clauses.
c. Breach. A breach of the contract clauses above may be grounds for termination
of the contract, and for debarment as a contractor and subcontractor as provided
in 29 C.F.R. § 5.12.
III. Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of $100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C. §§3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. §3702 of the Act, each contractor must compute the wages of every
mechanic and laborer on the basis of a standard work week of forty (40) hours. Work
in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of forty (40) hours in the work week. The requirements of
40 U.S.C. §3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
IV. Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
V. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended,
or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
VI. Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). Contractors that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay
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any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C, §1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the non-Federal award.
VII. ,Compliance with Procurement of recovered materials as set forth in 2 CFR §
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designed in guidelines of
the Environmental Protection Agency (EPA at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines. (1) In the performance of this contract, the Contractor shall make
maximum use of products containing recovered materials that are EPA-designated
items unless the product cannot be acquired; (i) Competitively within a timeframe
providing for compliance with the contract performance schedule; (ii) Meeting
contract performance requirements; or (iii) At a reasonable price. (2) Information
about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpq-program.
OTHER FEDERAL REQUIREMENTS
I. Americans with Disabilities Act of 1990 (ADA), as amended. The CONTRACTOR
will comply with all the requirements as imposed by the ADA, the regulations of the
Federal government issued thereunder, and the assurance by the CONTRACTOR
pursuant thereto.
II. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have
the opportunity to participate in the performance of contracts financed in whole or in
part with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and
its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in
the performance of this Agreement. In this regard, all recipients and contractors shall
take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as
set forth below), applicable federal and state laws and regulations to ensure that the
Page 20 of 31
'',, �j � Monroe County Engineering
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DBE's have the opportunity to compete for and perform contracts. The COUNTY
and the CONTRACTOR and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Agreement.
2 C.F.R. §200.321 -CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES.AND LABOR SURPLUS AREA FIRMS:
a. if the CONTRACTOR, with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are
used whenever possible.
b. Affirmative steps must include:
I. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
II. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements,when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
v. Using the services and assistance, as appropriate, of such organizations
as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce.
vi. Requiring the Prime contractor, if subcontractor are to be let, to take the
affirmative steps listed in paragraph (i)through VI) of this section.
III. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the subcontractor during the
Contract term.
IV. The Contractor is bound by the terms and conditions of the Federally-Funded
Subaward and Grant Agreement between County and the Florida Division of
Emergency Management (Division)found at the following link on the Monroe County
web page: http:llfl-monroecountv.civicplus.com/Bids.aspx?CatID=18.
Page 21 of 31
■ �1 '�e Monroe County Engineering
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L ? r 1100 Simonton Street,2-216
It-VA
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Project Management
V. The Contractor shall hold the Division and County harmless against all claims of
whatever nature arising out of the Contractor's performance of work under this
Agreement, to the extent allowed and required by law.
Minority Owned Business Declaration
A-1 Properly Services Group ,a sub-contractor engaged by Monroe County during the
completion of work associated with the below indicated project
(Check one)
is a minority business enterprise,as defined in Section 288.703,Florida Statutes
or
X is not a minority business enterprise,as defined in Section 288.703,Florida Statutes.
F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in
subsection(6)(see below)which is organized to engage in commercial transactions, which is
domiciled in Florida,and which is at least 51-percent-owned by minority persons who are
members of an insular group that is of a particular racial,ethnic,or gender makeup or national
origin,which has been subjected historically to disparate treatment due to identification in and
with that group resulting in an underrepresentation of commercial enterprises under the group's
control,and whose management and daily operations are controlled by such persons. A minority
business enterprise may primarily involve the practice of a profession.Ownership by a minority
person does not include ownership which is the result of a transfer from a nonminority person to
a minority person within a related immediate family group if the combined total net asset value
of all members of such family group exceeds$1 million. For purposes of this subsection,the
term"related immediate family group"means one or more children under 16 years of age and a
parent of such children or the spouse of such parent residing in the same house or living unit.
F.S 288.703(6)"Small business"means an independently owned and operated business concern
that employs 200 or fewer permanent full-time employees and that, together with its affiliates,
has a net worth of not more than$5 million or any firm based in this state which has a Small
Business Administration 8(a)certification. As applicable to sole proprietorships,the$5 million
net %, rth requirement shall include both personal and business investments.
Cont ctor ma ref r to .S.288.703 for more information.
Coat for Sub-Reel lent: Mo a County
Sign to e Signature
Print me: Yosvany Madnrga Printed Name: -
Title: CEO Title/OMB Department:-i. .,k 75t7
Verified via: ''.Mtoz.-
Address: 890 Sw 69 ave
hops://osd.dms.mvflorida.com/directories
DEM Contract: Z0002
Page 22 of 31
•
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4 Monroe County Engineering
1100 Simonton Street,2-216
Key West,FL 33040
Project Management
City/State/Zip Miami Fl 33144
Date: a1/2712019 FEMA Project Number:
Page 23 of 31
Monroe County Engineering
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Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, A-1 Property Services Group , certifies,
by submission of this document, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or
agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the
prospective contractor shall attach an explanation to this form.
CONT ACTOR:
A-1 Pr0 rty Services Group nc
By
Signa ur Recipient's Name
Yosvany ruga CEO
Name and Title Division Contract Number
890 Sw 69 Ave
Street Address FEMA Project Number
Miami l:133144
City, State, Zip
1/27/2019
Date
Page 24 of 31
CONSTRUCTION OF
Marathon Animal Shelter Building Hurricane Repairs
-- -MONROE COUNTY, FLORIDA
ADDENDUM NO. 1.
January 29,2019
The information contained in this Addendum alters the information contained in the Bid
and is hereby made a part of the Contract Documents.
I. Adding two(2) new roof vents to be replaced to match the existing.
2. Adding some minor repairs to the flat roof made from flying debris, Apply the
proper roof coating over the damaged spots.
All other items remain as called for in the documen s.
End of Addendum No 1. 1
v. 1
47� sight
trector, Project Management Department
A`�l7® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOI YYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
—
IMPORTANT: If the certificate holder Is an ADDITIONAL.INSURED,the policy(Ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s).
PRODUCER CONTACT Sandra LaRue
NAME:
Frank H.Furman,Inc. PHONE (954)943.5050 I(ACID.Noi: (954)942-8310
o.awn:
1314 EastAtlantic Blvd ADD ss: sandra®furmanInsurance.com
P.O.Box 1827 INSURERIS)AFFORDING COVERAGE NAIC S
Pompano Beach FL 33061 INSURER A: Lloyd's Syndicate 33(Hiscox)
INSURED INSURER B: Travelers Casualty Ins Co of America 19048
A-1 Property Services Group,Inc INSURER c: Bridgefield Casualty Ins Co 10335
890 SW 69th Ave INSURER 0:
INSURER E:
Miami FL 33144 INSURER F:
COVERAGES CERTIFICATE NUMBER: B:19 WC/18 GLAU UM REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED- NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
i RR TYPE OF INSURANCE INSONSL WVO POUCY NUMBER POUCH EFF POLICY EXP
rr
1MMIOOIYYYYi (MMIODJYYYYi LIMITS
X COMMERCIAL GENERAL UABIUTY 1,400,000
EACH OCCURRENCE S
DAMAGE TO RENTED
I CLAIMS-MADE E OCCUR PREMI5ES(Eaaxvrancel 5 100,000
MED EXP(Any one person) S 5,(300
—
A ` Y WCISCGL000209401 09/30/2018 09/30/2019 PERSONALSADVINJURY S 1,000,000
GEHL AGGREGATE UMIT APPUES PER: GENERAL AGGREGATE 3 2,000,000
POUCY EDMr LOC PRODUCTS-COMP/OP AGG S 2•D00,000
OTHER: 3
AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ee accident)
X ANY AUTO BODILY INJURY(Per person) 3
B —OWNS SCHEDULED Y BA4H829064 08/17/2018 08/17/2019 BODILY INJURY(Per accident) 3
AUTOS ONLY AUTOS _
X HIRED X NON•OYMED PROPERTY DAMAGE 3
_AUTOS ONLY _ AUTOS ONLY _(Per ecidentl
PIP-Basic s 10,000
UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,000
A X EXCESSUAB CLAIMS-MADE WCISCEL000209501 09/30/2018 09/30/2019 AGGREGATE 3 5,000,000
DED I RETENTION S 3
WORKERS COMPENSATION X sTATt1TE I EAR
AND EMPLOYERS'UABIUTY
ANY PROPRIETORIPAATNERlEXECUTIVE YIN E.L EACH ACCIDENT 3 1,000,000
C OFFICERIMEMBER EXCLUDE I El N1A 19648542 05/01/2019 05/01/2020
tM$nd&tery In NH) EL DISEASE-EA EMPLOYEE 3 1,000,000
U ins.describe under
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT 3 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached IT more apace la'squired)
Monroe County BOCC is included as additional insured for General 8 Auto Liability as required by written contract RISK
By •
DA <�
WAIVER YES
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
500 Whitehead St,
AUTHORIZED REPRESENTATIVE //��
Key West FL 33040 42 2.�1. 4�fi"—
I QQ
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