Loading...
10/15/2019 Agreement County of Monroe „`yC?,_r BOARD OF COUNTY COMMISSIONERS Mayor SylviaJ.Murphy,District 5 The Florida Keys C. r' Mayor Pro Tem Danny L. Kolhagc.District 1 Michelle Coldiron,District 2 Fleather Carruthers,District 3 s A r. David Rice,District 4 Monroe County Board of County Commissioners Office of the County Administrator R Eg[dED The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 0 1 8 2019 Key West,FL 33040 (305) 292-4441 —Phone By: (305) 292-4544-Fax MEMORANDUM TO: Pam Hancock, Deputy Clerk FROM: Lindsey Ballard, Aide to County Administrator) DATE: October 17, 2019 SUBJECT: Small Contracts Small contract for your records only. Enclosures: A-1 Property Services— 1 copy enclosed Falck Southeast II Corps— 1 copy enclosed ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: aA 1• Contract# Effective Date: Expiration Date: , ,z gy & - h . Contract Purpose/Description: c�of�re au ofthe Mara hon�C ovefi>mcnt enter g� � ,t ra ham` � P'�rr Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Bii+eariiie sricIcsoit X44:If t ,Yroje.ct-.Mgmt (Name) (Ext.) (Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ 43;637iO4 Current Year Portion:$ 43,b37 04" W (must he less than S50,000) (If multiyear agreement then requires 110CC approval,unless the lc tal cumulative ati4turt t,less that • Sin 00000) ''','' Budgeted? Yes❑ No® Account Codes: 125-04591 10-530460-IRMONRE I-530460 Grant: $ Yes - - - - County Match: $ Yes - i ADDITIONAL COSTS Estimated Ongoing Costs: S /yr For: (Not included in dollar value above) (c. . maintenance,utilities,janitorial,salaries,etc) CONTRACT REVIEW Changes Date Out IT Needed ewer • Department Head o 1b ( Yes❑ NoW ip d 1 ((((( Risk Management 101( j 1 C\ Yes❑ Nok 10/ I( I I l O.M.B./Purchasing Idk)'t9 Yes❑No[g] 101(6(19 County Attorney Ycs❑ No( Comments: Hurricane Tracking#58555 A:A t /. + ''-' \ Monroe County Engineering s 1 1100 Simonton Street,2-216 Key West,FL 33044 kProject Management 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,FI 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'S MARATHON GOVERNMENT CENTER BUILDING ROOF 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 8 of 30 • 'f;�(l �`r x Monroe County Engineering ` 1 100 Simonton Street,2-216 Key\Vest,FL 33040 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. Fourty Three Thousand Six Hundred Thirty Seven And Four Cents Dollars (Total Base Proposal- words, MONROE COUNTY'S MARATHON GOVERNMENT CENTER BUILDING ROOF REPAIRS) $ 43,637.04 Dollars (Total Base Proposal — numbers, MONROE COUNTY'S MARATHON GOVERNMENT CENTER BUILDING ROOF REPAIRS) I acknowledge receipt of Addenda No.(s) or None No. Dated Page 9 of 30 ,,pTft e—,5 r Manioc Corurty Engineering `rj � 110DSimonlonStrcct,3.1I6 tr*s' i� Keys West.FL 33040 ¢ Project Management 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-1 Property Services Group Inc Mailing Address: 890 Sly 69 Ave • Miami,Fl 33144 Phone Number: 305-471-7353 E.I.N.: 20-8899101 Email: Geo@a 1propertyselvices. tcl Date: Q2/13/2019 Signed: , Y4v#my Madruga (Nance) CEO (The) Contra or' itness slg lure: Witness name:930140 1rt l &lii N4at/l'i Date: 2 13 M IROE Y Date:)d 1® jd] C ni ht, D do of Project Management Date: IO/I5i21 f County Administrator or esignee Page 10 of 30 MONROE COUNTY ATrORNEY'S OFFICE CPt~ AS TO OR) PATRICIA EABUES ASSISTANT COUNTY ATTORNEY DATE: ID_11 —1 - ' Monroe County Engineering k 1100 Simonton Street,2-216 \ 5 Key West,FL 33040 Project Management ,i 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 11 of 30 Monroe County Engineering 1100 Simonton Street,2-216 /.� Key West,FL 33040 4,17 Project Management 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 12 of 30 ' Monroe County Engineering 1100 Simonton Street,2-216 . 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 13 of 30 1,1 Monroe County Engineering 1100 Simonton Street,2-216 t~ Key West,FL 33040 Project Management 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 Page 14 of 30 ,/•;3:\s Monroe County Engineering V" 1100 Simonton Street,2-216 =/ 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. Page 15 of 30 ii,4pw fM ,I� Monroe County Engineering CI' a 1100 Simonton Street,2-216 g '�` KeyWest,FL 33040 j Project Management The Contractor shall not 'transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING-TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY-BRIANRMONROECOUNTY-FLGOV, 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 n (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. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387) as amended. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 Page 16 of 30 (7' \ Monroe County Engineering 1100 Simonton Street,2-216 \�F .=) 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. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a 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 Page 17 of 30 reefr f,. Monroe County Engineering 1100 Simonton Street,2-216 Key West,FL 33040 Project Management 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. Ill. 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 Page 18 of 30 Monroe County Engineering vtr1 1100 Simonton Street,2-216 Key West,FL 33040 Project Management 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-cpg-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 19 of 30 Monroe County Engineering1100 Simonton Street,2-216 1 Key West,FL 33040 Project Management 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://fl-monroecounty.civicplus.com/Bids.aspx?CatID=18. Page 20 of 30 Monroe County Engineering �-1t �ti '1 1100 Simonton Street,2416 'rQ -�!.'. Key West,Fl. 330.10 t .t Project Alanagement 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 undcrrepresentation 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 n 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 finn based in this state which has a Small Business Administration 8(a)certification. As applicable to sole proprietorships, the$5 million net 'mill requirement shall include both personal and business investments. Cot t'actor may ref'r tot F.S.288.703 for more information. -Con r:ctor Sub-Reci ient: Monroe County @ems►— ,,r ,A.._.. -r Sigm tw Signature ,,�� Print Name: Yosvany Madruga Printed Name: L' 4-1 Title: CEO Title/OMB Department: c+tEZ• mid Verified via: M - https:l/osd.dms.ntyfloriclu.com/directories Address: 890 Sw 69 Ave DEM Contract: Z0002 Page 21 of 30 f� 5, " R.;, Monroe County Engineering !'-" t 1100 Simonton Street,2-216 f" Key West,FL 33040 `» � � Project Management City/State/Zip Miami,FL 33144 Date: 02/13/2019 FEMA Project Number: • Page 22 of 30 - i: i iMonroe County Engineering WEy,� ,, ) � I t00 Snnonlon 5trcet,2-216 O�� c �tlti•;� Key West,FL 33040 �; ` Project Management • Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, OPc a,'11 ("le4)r✓ �'� , 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. CONTRACTOR:itefi By d Si a re Recipient's Name 1' sv ny.Madruga Name and Title Division Contract Number 890 Sw 69 ave Street Address FEMA Project Number Miami, P1 33144 City, State, Zip 02/13/2019 Date Page 23 of 30 TE YYY) AccoRD CERTIFICATE OF LIABILITY INSURANCE DAOIM�DT 19 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sandra LaRue NAME.. Frank H.Furman,Inc. { a ); (954)943-5050 I C,No): (954)942-6310 1314 East Atlantic Blvd. ADDRESS: sandra@furmaninsurance.com P.O.Box 1927 INSURER(S)AFFORDING COVERAGE NAIC 0 Pompano Beach FL 33061 INSURER A: Clear Blue Specialty Insurance Company 37745 INSURED INSURER B: Travelers Casualty Ins Co of America 19046 A-1 Property Services Group,Inc INSURER C: Evanston Insurance Company 35378 890 SW 69th Ave INSURER D: Bridgefield Casualty Ins Co 10335 INSURER S: Miami FL 33144 INSURERF: COVERAGES CERTIFICATE NUMBER: B:19 GLJUM/AUIWC/PL 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.. . 'NSW TYPE OF INSURANCE ADDL• v1 POLICY NUMBER POLICY EPF POLICY LIMITS LTR INSD WVD IMMIDD/YYYY) IMMIDD/YYYY). X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS MADE El OCCUR DAMAGE TO RENTED 100,000 PREMISES IEs ooc r ance)- 5 MED EXP(Any one parson) $ 5.000 A Y AR01 RSI 90074700 08/17/2019 08/17/2020 PERSONAL B ADV INJURY $ 1.000,000 GEN'LAGGREGATEUMITAPPLIESPER: GENERALAGGREGATE $ 2.000,000 I POLICY�.PRa 2,000,000 JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT g 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B — OWNED SCHEDULED Y BA3N700687 08/17/2019 08/17/2020 BODILY INJURY(Per accident) S v AUTOS ONLY AUTOS NON-OWNEDHIRED PROPERTY $^ AUTOS ONLY X AUTOS ONLY (Peraon) PIP $ 10,000 UMBRELLA UAB )<OCCUR EACH OCCURRENCE $ 5,000,000 C X EXCESS LIAB CLAIMS-MADE MKLV2EUL103549 08/17/2019 08/17/2020 AGGREGATE g 5,000,000 DED I RETENTION$ S WORKERS COMPENSATION XI PER I OTH- AND EMPLOYERS'LJABIUTY Y/N STATUTE ER D ANY PROPRIETORIPARTNER/EXEgUTNE NIA 19648542 05/01/2019 05/01J2020 E.L EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER:EXCLUDEOT (Mand*toiy In NH) E.LDISEASE-EAEMPLOYEE S 1,000,000 IIyee dosatb°,und er 1,000,000 DESCRIPTION.OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ Each Pollution Condition 91,000,000 C Professional Liability&Contractors ECPENV01117 08/17/2019 08/17/2020 Aggregate Pollution Liability 99ate $1,000,000 g DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is included as additional insured for General&Auto Liability as required by written contract. APPROVED. f1ISK. WAGEMENT BY .; •(t�S' . DATI; � -a- - WAIVER p/ 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, AUTHORRED REPRESENTATIVE Key West FL 33040 I2.C 2 40 Aa,1,----- ) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD