Item C19 C.19
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: C.19
Agenda Item Summary #5749
BULK ITEM: Yes DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan (305) 292-4536
N/A
AGENDA ITEM WORDING: Approval to enter into a lease with Frank Dirico C/O Industrial
Communications and Electronics Inc. to lease vacant land on Blimp Road, Cudjoe Key, Florida to be
used as a disaster debris management site or temporary disaster staging site as needed.
ITEM BACKGROUND: In the event of a hurricane or other major disaster, Monroe County will
require land to utilize as a disaster debris management site or temporary disaster staging site. This
lease will provide a 9-acre site that may be used by the County for collection, storage, reduction and
handling of debris in unincorporated Monroe County in the event of a hurricane or major disaster.
This lease shall remain in effect for a term of one (1) year, with four (4) automatic renewals and one
(1), one-year automatic renewal with an ending term of June 1, 2029, unless earlier terminated by
either party upon ninety (90) days written notice.
The County issued a competitive solicitation to procure sites for disaster management and temporary
disaster staging. The County received two bids. This lease agreement will provide a site for the
Middle Keys, if needed. Another agenda item for a lease agreement in the Lower Keys is also on this
agenda. The Daily lease rate per acre per day is $400.00 for Year 1, $420.00 for Year 2-3, $440.00
for Year 4-5, $460.00 for Year 6-7, and $480.00 for Year 8-9 and $500.00 for Year 10.
Two bids were received: Frank Dirico C/O Industrial Communications and Electronics, Inc. for land
in Cudjoe Key, and Rockland Operations for land in Rockland Key.
PREVIOUS RELEVANT BOCC ACTION: The Board approved a lease agreement for this site in
September of 2017. This site was utilized as a debris management site after Hurricane Irma.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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C.19
Signed Dirico Lease Agreement
FINANCIAL IMPACT:
Effective Date: July 17, 2019
Expiration Date: June 1, 2029
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Cheryl Sullivan Completed 07/01/2019 10:10 AM
Christine Limbert Completed 07/01/2019 11:36 AM
Kevin Wilson Completed 07/01/2019 1:15 PM
Budget and Finance Completed 07/01/2019 2:25 PM
Maria Slavik Completed 07/01/2019 2:34 PM
Kathy Peters Completed 07/01/2019 2:46 PM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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UAblh�FQRDISAffER DEBRIS MANAGEMEN't srn,
LQr TEMPORARY DISAs,rER STAGING
1. Eld—les: This Lease ("Lease") dated July 17, 2019 is made by mid between the
Landlord and the Tenant, who are identified as follows,
h@Adjq_t4:
U)
Frank Dirico
C/O Industrial Corufflunications and Electronics 4 E 111c,0 Lone Street
Marshfield,MA 02050
Legant.
2
Monroe County,a political subdivision of the State of Florida
Historic Gato Building
I 100 Simonton street U)
Key West,FL,33040 M
2
0
with a copy to: 0
County Attorney .2
I 12th St.,Suite 408
Key West,FL 33040
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2. Leased Premises: Landlord hereby leases tea Tenan 0t and hereby leases ftoni 2
Landlord the hel7cia ilcnii aed land,which is also referred to as the"Leased Premises"upon all of
the terms,covenants and conditions set forth in this Lease: the vacant land On Blimp Road,Cudjoe U)
Key,Florida,identified as Monroe:County RE Nos.(2 pare Is)00 115950-000100 and 00 115940-
000100, which is further identified as shown outlined in red on Exhibit"A" attached hereto and
made a part hereof. 0
.2
Tenant hereby accepts the Leased Premises in its "AS-IS" condition as of the date of this
Lease and during the entirety of the Tenn,it bring understood and agreed that Leas�e.haw no additional obligation to renovate or remodel the Leased,Premises as a result of thise 2M
3 The
e rem'se,
Use
0'L P ite ( Leased Premises will be used for the purpose of
operating a disaster de anagomen' s
'� rn
debris
natural event. In the
wit
hadvan e written
hurricane or other_ilnil (DDMS) for debris collection and clean up firorn a E
L eve
will provide the andlol nt of a need fbr the Leased Premises,the'renant
if feasible,ot 'I� the
T n t ill f n nOtice Of its need for the use of the Leased Premises
h r e, h e an w notify
y the
he Landlord of the need orally. Landlord will provide
a response to the Tenant within twenty-four(24)hours of the request.
UP1011 the occurrence of"an emergency condition, after receiving either written or oral permission
from the Landlord, the 'fear ant, its affiliated contractors,personnel and vehicles may enter j1pon
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the Leased Premises to dump debris(COMM'Moment Date), The'fenaut will separate the debris
so that it may be rnove,d to a final disposal site. Debris deposited on the Leased Premises will be
constantlyrotated, with new debris loaded in and sorted or reduced debris removed.
4. 'rernt of the ,ease"&Renewal' This Lease shall remain in effect for a term of one
(1)year beginr�u"jj_j-wje
un
nJ e 1,2020 mid with four autornatic two(2)year
U)
renewals and one acne.year autornatic renewal ending June 1, 2029, unless earlier tell-ninated by
either party upon ninety(90)days' written notice,
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The County's obligation to pay rent for the use of the Leased Premises as a temporary
staging area for debris storage and separation and obligation to pay rent per acre Utilized er day
thereon shall begin with notification of the need outlined in paragraph(3), above, shall continue E throughout that period Of time reasonably required by the County to respond to the emergency
event or ruajor disaster, and shall end when the Tel ant delivers notice to the Landlord,that it has
vacated the Leased Prernises. In the event this Lease is terminated for any reason while debris is
on the Leased Premises,the County shall have thirty(30)days to remove the debris. 2
Either Of the parties hereto may cancel this Lease without cause by gi ing the o sixty(60)days written notice of its intention to do soa thel party
U)
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1'he Tenant also retains the right to terminate this Lease with cause for breach of the terms of this Lease, In the, event of suet, termination, Prior to termination, the 'regnant shall provide 0
Landlord with ten(10)calendar days' notice and provide the Landlord with an()pportunity to wEjre .2
the breach that has occurred. If the breach is n Ag m
seat cured within that time period,the reeent will
beterininated for cause, If the Tenant terminates this Lease with the Landlord, Tenimt shall pay
Landlord the suln due to the Landlord under thisLease prior to terr i at�i on; however, the Tena in
.sert,and seek an offset for damages caused by the breach. In addition,the E
reserves the right to as n n
Tenant reserves all rights available to recoup monies paid under this Lease 0
sue -for breach including tile right to 2
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of contract and including the right to pursue a claim for violation Of tile Tenant's
False Claims Ordinance,located at Section 2-721 et al.of the Monroe County Code,
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or staging areas shall be as follows:F'or
the Leased Premises are actively used as debris sites 1v n
Ma_se Renp The amount Tenant shall pay to the Landlord in arrears for the period of tirne he
Year 1)$400.00 per day per utilized acre CBase Rent")which is estimated to be a total amount 0
of Three'rhousand Six Hundred Dollars(�3,6*00) as a per da pvrnin (9) .2
Y e acres and
$108,000,00 Per Month for a 30-day month and $1 i 1,600.00 per month for a 3 1-day month, per
automatic renewal Bwe Rent is a4justed per the following schedule.
2M
TQTNl RENT U)
PLUAY g- ,
1 (6/l/20119-611/2020) S400.00, P R PAY
2--3(6/2/2020-6,1112022) $420.00 ZOOM
4-5(6(2n_022-6/1/2024) $440.00 $3780.00 E
6-7 WV2024-6/1(2026) $460.00 $3960.00 0
9-9(6/1/2,026-6/1/2028) $480.00 S4140.00
10(6/2/2028-6/1/2029) $4320,00 <
$500-00 S4500,0o
If Tenant occupies the Leased Premises for less than full 30-dayrnontlipc rived, enant will pay
a
pro rasa share of the Base Rent on a per day per acre basis only, Tenant is a political subdivision
of the State of Florida and is not obligated to pay sales tax. If any sales tax is duc,Tenant is solely
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C.19.a
responsible for any and all sales tax and indemnifies mid holds Landlord haarmless �to gray liability
claim of liability for sales tax.
avine t raf o t: Tenant shall pay to Landlord False Rent plus other monetary
obligations of Tennant to Landlord under the terms of this Lease(such other rrronetary obligations
are herein referred to as "Additional Rene) in lawfulrrrorrey caC°tile United �itatcs without offset
or dedaaa Lion on a monthlybasis rr arrears. As a conditionprecedent for anyU)
this.Lease,,the Landlord shall submit monthly,awnless otherwise agreed in writing, y the Tenant,
a:Proper invoice to the Tenant requesting Payment for the then applicable r ionthly Vase Rent and co
o
any Additional Rtmt, if applicable, and identifying the number of days, size of the acres of the
Leased Premises being utilized, and the base Lac rrt rate per acre for that specific rrnonttr The
Landlord's invoice shall describe with reasonable Particularity the afbrernentiorned information in 4)
order" to necessitate Payment by the Clerk of the Court and subsequent reimbursement by theCD
Federal Emergency Management agency("FEM ")to Monroe oe County, 1-le Landlord's invoice
shall be accompanied by such doc'urnentaticon or data in support of the base Rent and/or any
Additional lent for which payment is sought as the Tenant may acquire. Payment of any : aase M
Rent, late charges, interest, or Additional Rent will be made pursuant to the Local Government
Prompt Payment Act Section 218.70, Florida Statutes, Payment of lase Rent and Additional
�
Rent shall!be,rraade to Landlord at its address stated herein or to such other persons or at such other
addresses as Landlord may from time 'to tirne designate in writing to Terranti. Lhasa, lent d �
dditiornal Rent are collectively ref-erred to as"Rent"or"rent". All monetary obligations of"l`a, aarant
to Landlord under the terms of this Lease are, deemed to be Rent. Once all or as Portion of tine
Leased Premises has been restored and surrendered to the Landlord, the Tenant will not be �
obligated to pay Base Rent or Additional Rent for the portion of the Leased Premise that has been
restored arrd surrendered, In the event that a portion of°the Leased Premises is utilized, lent will
only be duc for that portion,
fa L�llitics and Other errant Res aoaas bifides; Commencing on the C,�'orr inencer°nent 2
Date:of this C,case, Tenant shall a for all utilities eats, electricity,oil, water, seer', etc, which
0
may sc,'vice the Leased Premises, Utilities costs shall be in addition to the lase Rent outlined in U)
paragraph (fa), For any utilities than are or can be separately metered to the Leased Premises �
Tenant shall Pay directly to any public, utility provider. All utilities, including those filar are
separately metered or assessed, are Tenant's responsibility to pay for was of thin Commencement. etha ,
Date, 0
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lkerratiorrs an t aria r eraEs. Tenant alterations and ir°nlarova�rrnents ir"on'wanuse to be,made an
der or about the Loaased Premises ithrll not make not araat the prior ritterr
consent of Lazadlord,rich.consent shall not be nresonably withheld, Upon Landlord eaarrscrrt
being received,Ten
CO
arnt shall bear the sold cost of saac alteratianrns a irrdproverrrents. 'I"errant grill �
obtairn, art its sole cost grad expense, all Lae its and approvals required in connection with any
alterations or installations and Landlord shall reasonably approve all playas prior to the
commencement of such worlt.All contractors working on such work shall be licensed in the state �
of Florida and laaw°c appropriate
insurance for such work,whieb insurance shall name Landlord as
additional insured, Tenant shall ensure that no lien.is recorded against ally portion of the Leased
Premises or against Landlord's interest therein. If a Vera is so recorded, Tenant shall discharge it.
within thirty( 0)days by payment or bonding or shall be in default under this Lease.
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C.19.a
. Landlerd"s access. At ally reasonable three and in ally ream °°lrle tanananer„ the
Landlord may inspect the Leased Premises"
9, rebo ditratirnra and 1 rbanceo This .ease is sub act and subordinate to a
dust mortgage raov cr hereafter effctin or cave the Leased Premises. Tenant ara,c; to attorrn
to and to aeco rai e tlne mortgage
raort a �ee or the purch4ser�at foreciosurc same as d"erzant'w landlord the
balance of-the aerna of"tTnis Lease
T silent hereby aaees, larnever, that snnclt mortgagee or the U)
purchaser at foreclosure sale shall resat e(i)laable for any act or tiazrrrssion rafl:..arndTord,(ii)subject
to any offsets or defenses which Tenant might have against Landlord, (ill)bound by any Rent or
Additional Rent which Tenant may have paid to Landlord for more than the current rntannth, (iv)
bound lay any amendment car modi cation of this Lease rrnadc WithOUt its consent. "he aforesaid 4)
Subordination anracl arttorrarrrcnt provisions shall be self-operative; however, "Tennant agrees to
pronnptly execute any rather agreement submitted by Landlord in con ° atiorn(gr acicrnc�vlcddrrnennt 4)
of same Withill tare (10) days of its presentation to 'Tenant. However, notwithstanding the
provisions of this Paragraph,Sc long as Tenant is not in default oft e provisions of thi s Lease,the
Landlord and the holder of any mortgage or y purchaser agree that t`eaaaaat�'s p ac;. . possession
of the Leased Premises shall not be disturbed"
l l" poi its trtbrnt%iatiea bite e airs;
The Tenant will be solely responsible for oiatnnrrisr M
zations necessary M
to open, operate and close the DD s and staging areas management au d oversight including
monitoring of tine DDMS or staging area; construction Of ally infrastructure or equipment
necessary for operation of the DD or staging area e. �
necessary to restore the site to its original`gAt IS"condition,silt barrier); land clear-up of the site
'T`lac Tenant agrees that upon cessationn,of the use of the Leased P'reranises, the °l"enartt:n .ill.
either restore tine T,eased Premises to the Sallie condition as existed before its use, or pay the
Landlord tray agreed tkpon sum fbr restoration. The Tenant shall repast°any damaage to the kt ca e r•
arty tither land o ed by the Tenant immediately adjacent to the l:eased l�rerna Premises caused by ally
activity of the Tennant, its errtployecs, agents or contractors on the l:„eased Premises, The`Tennant
shall have sera obligation to pay for repair or r°emediatiorn of conditions ex.istin on flee T atsed
Premises prior to Occupancy by the Tenant.The Tenant shall have no obligation to pay;tent once
site restoration and repairs have been completed, If soil samples cr othertesting is Pending, Bent
shall not be due unless further restoration or site repairs are needcd aas a result of the testing in a
which case Rent will be paid only on a per nary per, acre utilized basis. `lie Landlord agrees it)
cooperation with the Tenant in restoration and site repairs of the Leased pr elnrise;s and tea provide
any docttnnr;ntation that may be need to in order,to necessitate payment by the Clerk of"the Court.
to
and subsequent reirnnbursement by the Federal Lrrcrgency Management Agency ("F "
;y toTonroe County.
No damages,couil?"sation,Or claim shall be payable by"Tenant for inconvenience,loss cif"
business or annoyance arising from any repair or restoration Of any portion of"the Leases Premises.
Notwithstanding anything contained in this Lease to thecontrary, Tenant, as a political
subdivision of the Mate of Florida does not waive and expressly reserves its sovereign inanntnu.nity
except as provided in Florida;Statute Sec. bra. &
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C.19.a
12, Waiver of rr r atirrrr: with respect to insurance policies trf""l"errrrrrt, fwartrld
Tenant sochoose t hold,and only to the extent that Such Policies perm it,Landlord hereby should
rr�lrould
Tenant from liability for loss or damages on Or to the.Teased Premises or the contents thereof to
the extent such loss or damages is covered by such policies,
l :a aaitw W If the Leased Premises should be damaged or made un-usable by �
cas lty dur°in the Term of the Lease,either party may terminate this Lease upon written notice �
to the other tarty,
14. Surrender of Pnsse si rr,; Tenant shall surr°e ader possession of the, ]::easedCO
Prewrrrises to Landlord in the same"AS IS"condition in which the Leased premises weie,upon the �
Commencement late, normal wear and tear accepted and upon completion of site repairs and
restoration,The`I`errant will provide notification of the antic ipated date trparrr which.site restoration
0
and repairs will be completed on the Leased prerrrise,Any,personal property of Tenant"s left in the
Leased Premises shall become the property of the Landlord or shrill be returned to the Tenant at
the Tenant,s cost.For the salve of clarity,all debris must be removed from the eased Premises.prior
to the end ofthe Te
l ruts trf elatrlt. Tenant shall be in default under this Lease sport the happening
of any of the.following events(each an"Event of Default`,): �
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a. The Abandonment ofthe Leased Premises fry errant; 2
0
b, Failure of the Tenant to maintain the property and be liable as required by
e�
a
Paragraph 11; a®
c. Tenant ys failure to pays the Rent or any other E
or portittrr of it, pur°suartt to the Local ove e Pr rrrptaPayrrrerr rge for wlA Section iit may betable 0,
Florida Statutes,after having received an invoice in a formal acceptable f-br payment y the Clerk
of Monroe County and for FE MA reimbursement. '
16. Landlord's Reined! . In the event of Tenant's default,, Landlord shall have all 4a
M
rights available under Florida law,
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17, Set-Off:... o The Lease sets forth the entire agreement between Landlord and 2
"l'crrarrt concerning"the Leased I��� , �
rerni es and Tenant's use and occupancy thereof"and there are agar
other agreements between.them.. �
18. tr ''M A t:AY 'I"his is a Florida contract,governed by Florida law,In die eventCO
of any dispute between the parties regarding the terms grid provisions of this Lease, the parties
agree that the oarr�t in Monroe County, Florida shall have exclusive jurisdiction giver sarclr �
dispute.
19, R hor°ity. "l''"he Parties each represent and warrant to the other that each has full
authority to execute this Lease without the joinder or consent of any other party and that each party
has not assigned any of"its right,title,and interest in the Lease to
any other panty.
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C.19.a
X l datic s: All notices re anired or permitted by this Lease shall he in writing and may
he delivered in person(by hand or by messenger Or courier service)or may be sent by Certified cnn'
registered mail or fJ, . l�o�stal is Express Mail, witln
Postage preid, r, by recognized Overnight courier service,and shallhe deemed sufficiently given rn
served in nation
ally
specified in this Paragraph. The addresses noted adjacent in Paragraph p this Lease shall he that
Party's address for delivery or mailing of anotice& Either Warty may by written notice to the,other
specify a different address for notice purposes, A COPY Of all notices required or permitted to he U)
given to Landlord hereunder shall be concurrently transmitted to such
or es at such
addresses as noted in paragraph l or as Landlord may from time to tim part hereafter designate hate by
ltten notice to,7'cnn .rnt.
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2I. te,onp Notice.' ,ray notice sent by registered or certified mail, return receipt �
requested,,shall be deemed given on the date of delivery shown on the receipt deliveryo
date is shown,the postmark thereon.Notices delivered by United States Express Mail or,Overnight
courier that guarantees next clay delivery shall be deemed given 24 hours after delivery onf"the sanne
for the[.united Mates borstal Service or courier. If notice is received on a Saturday or a Sunday or a
legal holiday,it shall be deemed received on the next business day.
22. AttornSysl Fees and OtherCosts: If any Marty brings an action or proceeding for
enforce flee terms hereof oar declare rights hereunnder,the e�l�re�rai4a l�art �' U)in y such Proceeding shall.be entitled to reasonable attOrrleys"fees, Art term "hereafter
l'�nr Inedl
shall include,vrithont limitation,a p T)
y who sea starztially obtains or defeats tone relief"sought, �
23. ecurxt eaL reses:: Tenannt acknowledges es that Landlord doves not inclaaele the cost6
of gilard service or other security measures. Landlord has no obligations to provide same, 'Tenant
assumes all responsibility for the Protection of the Leased Preraises,,J'enant,its agents and invitees
and their Property from the acts of third parties,
24� Amendments: This Lease may be modified only in writing,signed y the parties �
in interest at the time of the modification. �a
2 Irater:oretati raa The parties acknowledge e that this Lease is the result o f �
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negotiations between the parties,and in constniin any be made in favor of either pa y. o inference hall be made yfrom anyritem, which has oa.n .
stricken from this Lease other than the deletion of such item. crt o'
26, oa P artrner lei : Nothing in this Lease creates y relatioanslnipa between the parties a
other than that of landlord and tenant,and nothing in this Lease constitutes the Landlord ar partaaer
of Tenant or a joint venture,or Member of a common enterprise with'"renant, in
2 oaanrater)arts: This Lease may be executed in counterparts each of which shall be �
deemed an original and all of which together shall constitute one instrument, A Pi"ll' signature
shall be deemed for all purposes to be an original.
2 everabrplt The invalidity Of any Provision of this Lease, as determined by a
court of competent jurisdiction,shall not affect the validity onf"ally other Provision hereof
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29, M Wai
—'v"r 2 Jar -MAL EACH PARTY HEREBY WAIVL,,S ANY RIGHT TO
TRIAL, BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (
ARISING UNDER THIS SF;CAR.(ji) IN ONN
ANY WAY CCU WITH OR REI,ATED
OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN J�ESPECT'OF THIS
LEASE OR TIfE TRANSACTIONS RELATED HERETO OR THERETO IN EACH CASE
WHETHER NOW EXISTING OR HEREAFTER ARISING, EACII PARTY HEREBY
AGRI-,ES AND CONSENTSTRAT ANY SUCfj CLAIM, U)
DEMAND,ACTION OR,CAUSE OF
ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT ANY
PARTY MAY FILE AN ORIGINAL COUNTER PART OFA COPY OF 'rjjIS "ASE WITH
co
TO THE WAIVER OFTHEIR RIGHT TO TRIAL BY JUR ENT OFTTIE PARTIES HFREf,o
ITSN EVIDENCE OF THE CONSF
ANY COURT AS WRYI LE
Y,
30. KRUkdon E
Disq�] 0
is provided: osure: In accordance with Florida Statutes,the following information
4_#4QRGQaLRadon is a naturally Occurring radioactive gas that when it has acournulated in M
a building in su-fheient quantities,may present health risks,to persons who are exposed to it over
tinge. Levels of radon that exceed federal and state guidelines have been found in buildings in
Flori& Additional infonilation regarding radon and radon testing may be obtained c0"atY Public health unit. fi-ont your
T)
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31. Federal Contract Clauses Required by 2 Code of Federal Regulation,pai 9200, 0
Appendix 11,
2
The Parties must 'follow the Provisions as set fart in App�endix 11 to Part 200, as
amended and as applicable,including but not limited to.,
E
& Clean Air Act (42 C.
U'S
74Qh-20_7_1q_'Lkpd the Fe er
1251 41 W#lqK Pollution
-1387J 4�LAINM094---Contracts and sub-_gr'anL"_9'_o_f
amounts in excess of$1 �
must Comply nth,all applicable standards,orders or
regulations issued pursuant to the Clean Air Act (42 U.&C. 7401-7671q) and the U)
Federal Water Pollution Control Act as,amended 1,.33 U.S.C, 1251-1397). Vic)jations
must be reported to the Federal awarding agency and the Regional offIce of, the 0 Environmental Protection Agency (EPA)The Parties agree to comf)ly with all .2
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,&C„ 1251-1387)and will report violations to FIB MA said the Regional 0 cc )f
the Environmental Protection Agency(EPA). ff] 2M
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B. Davis-B
..aqpn A�!A�Alm�kdRLOQJLS_.C�.. _When required by
,a legislation, all prime construction c - - E
Federal pro gran— on tracts in excess of $2!,000
awarded by non-Federal entities insist comply with the Davis-Bacon Act(40 U,S.c.
3141-31,44, and 3146-3148) as suPPlemented by De
. Standards Provisions Applicable to Contracts Covering
(29 CIF Pall 5, "Labor partment of Labor regUlations
Federally Financed and Assisted Construction"), In, accordance with the statute,
cOntrdetors must be required to pay wages to laborem mid mechanics at a rate,not less
than tile Prevailing wages specified in a wage determination.made by the Secretary
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C.19.a
of"Labor, In addition,contractors must be required to pay wages es not less than once a
week,The COUNTYMUst place a copy of the current prevailingwage e determination
issued by the l 3e artin rt of Labor in each Solicitation. The decision to award a.
contract or subcontract must be Conditioned upon the acceptance of they wage
determination. The COUNTY must report all suspected or reported violations to the
Federal awarding agency. The Contractors must also comply ww�ith the Chop I d
` ntr 1CiClcbaC ,� ct4 Cl. °C'. 314 , as supple°t�c�atecl by ll�artert I.,rala ° Us
regulations .FR Pant 3, "Contractors.and Subcontractors cart Public Buildingor
�
Public Work Financed in Whole or in Part by beans or Grants froin the United
State,;'), As required by the Act,each contractor or sub-recipient is prohibited from
inducing, by any means, anyperson employed in the onnstrrrction, cornpletiorr, or �
repair of public work,to give up any part of the compensation to which he or she is
Otherwise entitled„'Fhe COUNTY must report all suspected.or reported violations to �
the Federal'awwrar°din agency. �r
C. C'.a ntract prlr_jgg4 t _Lt C. Itl l� t p.
Where applicable„all contracts awarded by the COUNTan excess of lC1tf,t]C3Cl that �
involve the employment of mechanics or laborers must Comply With 40 l_l. .C°'.3702 �
d 3704, as supplemented by Department ent of Labor regulations g CF1C liar~t )A
Cinder 40 LI. .0, 70 of the.act,each contractor must t is puce the wages of over �
mechanic and laborer on the basis of a standard work week of 40 hrarrrs° Work in 2
excess of the standard work week is permissible provided that tire worker is,
compensated at a rate of not less than one and a half tinies the bgusic rate (al"pay for
all hours worked in excess of 40 hours in the work week. "Fhe requirement of 40
U-S—C; 3704 are applicable to construction work and provide that no laborer or
rucchanic must be required to work in surroundings or trader working conditions
which are unsanitary,hazardous ardous or dangerous, These requirements do not apply to E
the purchases of supplies or materials or articles ordinarily available on the open �
market,or contracts for transportation or trarrsarras,sitrzr of intelligence, '
contract award...__ U)
eh ens d lag
ontract tw rd exclusions.._. 9. aer0.22. )twill n t girders l 4gties lisp � �_... . �
sec C"F 1��.2C9 gill not be Heads tag pa . red ran �tlre
rra the System for wwraaa3 1vlarraernerat 1 in 0
accordance with the C1 113 uidelines at C.;Fp l 0 that irrrplctnag lMatecratiw�e Orders),i0
12549 3 C:FI past l q C orrtp.,P. 189),and l -3 CFR part 1989 Cornpa,p: 35),
"Debannent andSuspension." SAMExclusions contains the names of parties
debarred, suspended,or otherwise excluders by agencies,as well as parties declared �
ineligible under statutory or regulatory authority other than Executive Order 12549,
or bid for
wrdw paward edira 1C1 ��.._ _ ' � i E
.. _ rueslrpen CJ , 13 -Contractors that apply
,Cl ll must file the required certification.Each tier �
certifies to the tier above that it will riot and has not used Federal appropriated funds �
o 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 l° .C, 1352. Each tier Must also
Packet Pg. 1316
C.19.a
disclose any lobbying with non-Federal frauds that takes place in connection with
Obtaining y Federal.award, Such disclosures are forwarded fr°oar tier to tier tip to
the rroan-Federal award.
Fa A-MeMic �vath I a rJat Act pf 1 .. s.. :. c rr lro rrrrtl mall
corrapapy with.all the requirements as irnp�osed by the > I , the re talatiorrs of"tbe Federal �s
governrylent issued thereunder
G No Ohlr ation,by Federal t �av bra(. "p"he federal dove errf is not a party
CO
to this contract d is not subject to any obligations or liabilities to the note-Federal
entity, contractor, or, other art
contract.
party pertaining to y matter resulting from the E
0
Ca
parties f pad �rrld p alsp_fir Frapu slept,., tat
.. tatcrrnfrts shy belated tact" 1"he
acknowledge that p U.&C". C"ha ter 3 ( dr ini trative Remedies for°false �
".laArrrs and Statements)ajrfrties to their actions pertaining to,this contract.
A_cge� to Itp gLOr 4: orrtr-actor/Consultant and their sssccessors,trarnsferees,assignees,and
subcontractors acknowledge err a
Department of Homeland Security(DHS)and the Federal EmergencyManagement applicable provisions governing ncyIs
(FFMA)access to records,accounts,documents,inforruation,f'acilifies,,and staff. M
Contractors/Consultants tritest l.cooperate with ally Compliance review or complaint
investigation conducted by DHS . ive DJJS access to and the r°ip ht to e rrsirae errs!'copy
records,accounts,and other documents d sources of rraforrrratasrrr t to the
permit access to facilities,personnel,and other individuals and i and
nfo at related as r•r� bctnecessary,
as required by DHS regulations and other applicable laws or program guidance.3, Submit
timely,complete,and accurate repsar°ts to tpre appropriate DUTS officials and maintain appropriate 4)
backup documentation to Support the reports,
p PHN.594131,91m and Fla sa The parties shall not use the Department of
Homeland Security seal(s),do ers,crests,or reproduction of flaps or likeness of DHS �
agency officials without specific FEMA approval.
J. Changes to ontra t:The parties understand and agree that an crust re trktisr
change or rsncadiflcstlorr,clr ,a order°,or constructive change of the agreement test he
g florn'a
within the scope of any Federal grant or cooperative agreement that may flared this
Project and be reasonable for the completion of the Project.Any contract change or
modification,change artier or cornstructive change must be approved in writing by both �
parties.
ITHE BALANCE OF THIS A IS INTE .lip
LY LEFT BLANK.)
Packet Pg. 1317
IN WITNESS WHEREOF,the Parties have SO their hands and seals as of this
of July 201,9.'
1't —day
(SEAL) IENANT.
Attest: KEVIN MADOK,clerk
Monroe County,,a Political Subdivision of the
State Of Florida co
E
By: 0
DePuty Clerk �76.... .------
MA' R.
M
WITNESSES:
LANDLIQRD:
,,. w° l
bi'rico
6
Industrial Communications and Electronics Inc, 0
Title: P
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