04/01/2020 Agreement ATTACHMENT D.6
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with: Rachel Bowmen Contract 4
Effective Date: 4/1/20
Expiration Date: 4/28/20,unless extended
Contract Purpose/Description:
Public information writing and admire assistance as needed for Covid-19.
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Kristen Livengood 680-8226 11
(Name) (Ext.) (Department/Stop 4)
CONTRACT COSTS
Total Dollar Value of Contract: $ Not to Current Year Portion: $ Est. $5,000
(must be less than$50,000) Exceed (If multiyear agreement then
$49,999 requires BOCC approval unless the
i.,:di CI 11'1 .d.;.-..dL1�,�a11t. ,r;i11dt1
Est. $5,000
($1,000 per
week)
Budgeted? Yes❑X No ❑ Account Codes: 125-0459113-530490-COVGB3-530340
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $N/A/yr For: N/A
(Not included in dollar value above) (e.g.maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Department Head 4/1/20 Yes[:] No® 4-1-20
Risk Management 04-14-2020 yes❑ NoI 1�7)&zl� 04-14-2020
O.M.B./Purchasing 4/14/20 Yes❑ No® ClnV`bst%v"(( 4/14/20
County Attorney 4/6/20 Yes❑ No❑ fAtatine-CLn,6e-tt-Raaz�ows 4/6/20
Comments:
I I
PUBLIC INFORMATION STANDBY SERVICES AGREEMENT
This Agreement for Public Information Services is to be used on a standby basis
("Agreement") and is entered into and shall be binding upon the parties on this _1st
day of April 2020 (the "Effective Date") by and between Rachel Bowman, an individual,
and Monroe County Board of County Commissioners ("County"), a local government
entity in the State of Florida.
WHEREAS, due to Covid-19, the County is in need of additional public information
services to assist the County's Public Information Officer (PIO) in providing the Contract
Services described below; and
WHEREAS, the County's PIO has determined that the Contractor has the skill,
talent, equipment and desire to provide the services as needed; and
WHEREAS, the parties wish to enter into an Agreement to memorialize the terms
and conditions by which the services of the Contractor would be utilized if needed;
NOW THEREFORE, the parties agree as follows:
1.0 CONTRACT SERVICES
The Contractor will use all personal equipment at her own risk. Contractor will provide
services as directed by the County's PIO.
The Contractor shall report to and be supervised by the PIO.
In the event that services are required, the services provided shall be as follows:
• Preparing and editing press releases or other public information documents as
directed by the County's PIO.
• Taking photographs and video in the field of subject matter identified by the PIO,
including but not limited to press conferences, Covid-19 response efforts, etc.
• Providing all photos or video taken via whatever method works best at the time
(thumbdrive, dropbox, etc.).
• Timely selection and editing of photos to be used by the PIO for press releases,
the website, social media posts, flyers, etc., and providing detailed caption
information for those photos. The PIO will provide direction each day.
• For photography, provision of caption information for photos including the names
of identifiable people in photographs, date, location and other detailed information
to tell the story of the photograph.
• For video, editing of content into a shareable video for posting that day or soon
thereafter, as directed by the PIO, and also raw footage for future use, to be
determined before being sent into the field.
All photos and videos taken shall become the intellectual property of Monroe County,
whether delivered to the County or not, and shall only be used with the express written
permission of the County.
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2.0 TERM
The services of the Contractor will be from April 1st, 2020 to April 30t", 2020, unless it is
extended in writing by an amendment to this Agreement signed by both parties.
3.0 COMPENSATION
Compensation shall be as follows: The weekly rate shall be One Thousand Dollars
($1,000.00) per week for up to Fifty (50) hours per week. The Contractor shall provide
her own equipment, included within this compensation.
The Contractor shall receive mileage based on the mileage rate contained in Section 2-
111 of the Monroe County Code (currently, $0.53 per mile) after submission of the
County's travel form. Other than as stated herein, no other costs are reimbursable,
including but not limited to lodging and per diems.
The Contractor shall be paid in accordance with the Florida Local Government Prompt
Payment Act, following submission of an invoice, delivered to the Monroe County PIO
with a copy to the Monroe County Budget Director.
All invoices must be submitted no later than ninety (90) days after the date of service.
This Agreement is subject to annual appropriation by the Monroe County Board of County
Commissioners.
Total compensation under this Agreement can never exceed forty-nine thousand,
nine hundred ninety-nine dollars and ninety-nine cents ($49,999.99).
4.0 INSURANCE
Throughout the term of this Agreement the Contractor shall ensure that the following
insurance coverages are in force, and shall supply current certificates of insurance to
demonstrate proof of insurance for the following or shall submit and obtain approval from
the County's Risk Management for a waiver of the insurance requirements.
Workers' compensation Statutory limits
Employer's liability $100K bodily injury by accident
$500K bodily injury by disease, policy limits
$100K bodily injury by employee
General liability $300K combined single limit
Business auto liability $50K per person
$100K per occurrence
$25K property damage
5.0 INDEMNIFICATION/LIMITATION OF LIABILITY
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Each party agrees to indemnify, defend and hold harmless the other party and its
affiliates, and their directors, officers and employees (each, an "Indemnified Party"), from
and against any and all third party claims, demands, liabilities, suits, damages, expenses
and costs (including reasonable attorneys', experts' and investigators' fees and
expenses) arising solely out of the indemnifying party's acts under this Agreement.
Each party shall be responsible for any acts of negligence, acts or omissions or wrongful
conduct on the part of its own employees, agents, contractors, and subcontractors and
shall defend, indemnify and hold the other party harmless from all claims arising out of
such negligence, acts or omissions or wrongful conduct, and agrees to be liable to the
statutory limits for any damages proximately caused by said acts or omissions, or
intentional tortious acts.
6.0 MISCELLANEOUS
6.1 Entire Agreement. This Agreement comprises the entire Agreement
between the parties, which supersedes all prior proposals, purchase orders,
understandings and agreements with respect to the subject matter hereof.
6.2 Force Majeure. Neither party shall be responsible for any failure or delay in
the performance of any obligations (excepting obligations to pay money) to
the extent that failure is caused by acts of God, acts of terror, flood, fire, labor
disputes, acts or omissions of the other party, non-delivery or delays in
delivery by any other supplier of goods or services deliverable under this
Agreement, or other causes beyond such party's reasonable control.
6.3 Severability. If any provision of this Agreement is held to be invalid or
unenforceable under applicable law in any jurisdiction, the validity or
enforceability of the remaining provisions thereof shall be unaffected as to
such jurisdiction and such holding shall not affect the validity or enforceability
of such provision in any other jurisdiction. To the extent that any provision of
this Agreement is held to be invalid or unenforceable because it is overbroad,
that provision shall not be void but rather shall be limited only to the extent
required by applicable law and enforced as so limited.
6.4 Assignment/Modification. The parties shall not transfer, assign or otherwise
dispose of (through operation of law or otherwise) any of its rights or
obligations under this Agreement to any other person or entity, without prior
express written consent.
6.5 Notices. Every notice required under this Agreement shall be in writing and
effective three (3) days after being mailed first class postage prepaid, or upon
delivery by an overnight or other courier or delivery service, in either case
addressed as follows:
To Monroe County: To Contractor:
Monroe County Administrator Rachel Bowman
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1100 Simonton Street Room 268 82 Dorsett Dr
Key West, FL 33040 Marathon, FL 33050
Attn: Roman Gastesi
Either Party may change its notice address with written notice to the other party.
6.6Entirety. This Agreement, together with all appendices, exhibits, schedules,
attachments and addenda attached hereto, constitutes the entire agreement
between the parties with respect to its subject matter, and, with respect to that
subject matter, supersedes all previous agreements, promises,
representations, understandings and negotiations, whether written or oral,
between the parties. This Agreement shall control over any other agreement
or any contrary terms contained in any other agreement (including, but not
limited to, master agreement(s), service agreement(s), subscription
agreement(s), business associate agreement(s), or similar agreement(s)).
6.7Counterparts/Execution by Facsimile. For the convenience of the parties,
copies of this Agreement, including Schedules hereto, may be executed in two
or more counterparts and signature pages exchanged by facsimile or scanned
copies via e-mail. The parties intend that counterpart copies signed and
exchanged as provided in the preceding sentence shall be fully binding as an
original handwritten executed copy hereof and all of such copies together shall
constitute one instrument.
6.8Waiver of Jury Trial. EACH PARTY AGREES TO WAIVE AND HEREBY
WAIVES THE RIGHT TO TRIAL BY JURY OF ANY ACTION, SUIT,
PROCEEDING, DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF
OR RELATING TO THIS AGREEMENT OR THE SERVICES.
6.9 SALES AND USE TAXES
Notwithstanding any other terms or conditions contained in the Agreement the
County is not liable for any sales or use taxes.
6.10 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 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
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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
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records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided
by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN(a-)-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE
1111 12T" Street, SUITE 408, KEY WEST, FL 33040.
6.11 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 days written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving
the other party twenty (20) 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 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 20 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
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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
6.12 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 seven years from
the termination of this agreement or for a period of five years from the submission of the
final expenditure report as per 2 CFR §200.333, whichever is greater. 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 purposes during the
term of the Agreement and for seven 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.
6.13 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
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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 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.
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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 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.
8) The Contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through
(7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result
of such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
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7.0 FEDERAL CONTRACT REQUIREMENTS:
A portion of the funds used to pay for these services are expected to come from
federal awards, as that term is defined in 2 CFR part 200. Therefore, the following
federal contract clauses from 2 CFR part 200 are incorporated in and made part of
this Agreement. 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:
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 40 hours.
Work in excess of the standard workweek is permissible provided that the worker
is compensated at a rate of not less than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of
40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
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.
Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-
7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
§§1251-1387) and will report violations to FEMA 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.
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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
governmentwide 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.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
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 designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that
contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $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.
Americans with Disabilities Act of 1990, as amended (ADA) — The CONTRACTOR will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
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
Page 11 of 13
2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws
and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall
not discriminate on the basis of race, color, national origin or sex in the award and
performance of contracts, entered pursuant to this Agreement.
2 C.F.R. & 200.321 CONTRACTING WITH SMALLAND 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-
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. 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;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
5. 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.
6. Requiring the Prime contractor, if subcontractor are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
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.
Additional FEMA Requirements:
Access to Records: Contractor/Consultant and their successors, transferees, assignees,
and subcontractors acknowledge and agree to comply with applicable provisions
governing the Department of Homeland Security (DHS) and the Federal Emergency
Management Agency's (FEMA) access to records, accounts, documents, information,
facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance
review or complaint investigation conducted by DHS 2. Give DHS access to and the right
to examine and copy records, accounts, and other documents and sources of information
related to the grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and other applicable
Page 12 of 13
laws or program guidance. 3. Submit timely, complete, and accurate reports to the
appropriate DHS officials and maintain appropriate backup documentation to support the
reports.
DHS Seal, Logo and Flags: Contractor shall not use the Department of Homeland
Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials
without specific FEMA approval.
Changes to Contract: The Contractor understands and agrees that any cost resulting
from a change or modification, change order, or constructive change of the agreement
must be within the scope of any Federal grant or cooperative agreement that may fund
this Project and be reasonable for the completion of the Project. Any contract change or
modification, change order or constructive change must be approved in writing by both
the COUNTY and Contractor.
No Obligation by Federal Government. The federal government is not a party to this
contract and is not subject to any obligations or liabilities to the non-Federal entity,
contractor, or any other party pertaining to any matter resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts. The
Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for
False Claims and Statements) applies to the Contractor's actions pertaining to this
contract.
The CONTRACTOR is bound by the terms and conditions of any Federally-Funded
Subaward and Grant Agreement between COUNTY and the Florida Division of
Emergency Management (Division).
r
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Monroe County Board of County Rachel Boman
Commissioners
Digitally signed by Doman Gartesi
DN:m-Doman Gartesi,o-Monroe County BDCC,
Roman Gastesi o County Ad mininstratogemail-bAk,d-
IindseyC momoecounty fl-.gov,c-US
Date:2020.04.1714:04:39 04'X
By: y: ,
Name: Roman Gastesi Name: Rachel Pi�wman
Title: County Administrator Title:
Date: Date: l Za hlOaPPR WD TOsbtfrt 0OaPiPY
06
cHRIS ME LIMHERT•BARROWS
r ASS10S.NC C0[jt�71;21t'aR"7E�
Page 13 of 13
2018 Edition
MONROE COUNTY, FLORIDA
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements,be waived or modified on the following contract.
ContractorNendor:
Project or Service: P:f D
ContractorNendor
Address&Phone#:
General Scope of Work: (��S i S�``n �� t �_ �— C` � S
.S
Reason for Waiver or ITL
Modification, A- ne-- r --I-- Ao rX a4,r,> y .-,ntN ac �JfSn_as
Policies Waiver or
Modification will apply to:
Signature of ContractorNendor:
Date: 4 2a W Approved X Not Approved
Risk Management Signature: 04-21-2020
Date:
County Administrator appeal:
Approved: Not Approved:
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Date:
Administrative Instruction 7500.7
104