HomeMy WebLinkAbout03/30/2020 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with: Vacasa, LLC Contract#
Effective Date: 3/30/2020
Expiration Date: 11/30/2020
Contract Purpose/Description:
To secure housing during a disaster including but not limited to Non-con re ate
andemic sheltering, eme[Mgenc disaster workers survivors and essential personnel.
Matt Massoud
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Matt Massoud 298-6043 Emergency Management/#14
(Name) (Ext.) (Department/Stop#)
CONTRACT COSTS
Total Dollar Value of Contract: $ Not to Current Year Portion: $
(must be less than$50,000) (If multiyear agreement then
exceed requires BOCC approval,unless the
$49 999.99 1t11r.;l ckS nkd tine aaniount is less than
$50,000,00),
Budgeted?Yes❑ No ❑ Account Codes: 125-04591j_b
Grant: $ T B D —_-_-
County Match: $ TBD --------
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e. .maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes
Date In Needed Regy gW_er Date In
Department Head Yes❑No ✓❑ > 'Fo °o-s 4/23/2020
Digitally signed by Patricia
County Attorney Yes❑No❑✓ Patricia Fables Fables 4/23/2020
Date:2020.04.23 12:56:42
Risk Management Yes❑�To❑✓ Maria Slavik DigDattIea1ly signed b20200423y1325 51Maria avik 04'00' 04/23/2020
YipGO Digitally signed by Julie Cuneo
Julie CUI I Date 2020.04.23144923 4/23/20
O.M.B./Purchasing Yes❑No0
04'00'
Comments:
Revised BOCC 3/18/2020
Page 74 of 92
DocuSign Envelope ID: E8827CE8-669D-461 E-AB82-8A82CF656931
AGREEMENT FOR LODGING ACCOMODATIONS
MONROE COUNTY
and
VACASA LLC
THIS AGREEMENT, is made and entered into this 3 oth day of March, 2020, by and
between Vacasa LLC, an Oregon Limited Liability Company, authorized to do business in
the State of Florida, (hereinafter referred to as "VACASA" or "Contractor"), and Monroe
County Board of County Commissioners (BOCC), a political subdivision of the State of
Florida, (hereinafter referred to as "County").
WHEREAS,in the event of an emergency or major disaster, including but not limited
to storms, natural and man-made disasters, acts of terrorism or other declared State of
Emergency, the County will need to rent lodging accommodations for its emergency workers,
including Monroe County employees and other authorized personnel when in the County
performing essential work in order to be able to provide County services and to support
response and recovery efforts, and
WHEREAS, these emergency workers will be working throughout Monroe County
and in or near the County Emergency Operations Center in Marathon, Florida, and therefore
accommodations are expected to be required throughout Monroe County in order to restore
and provide County services and provide the necessary response and recovery services; and
WHEREAS, disasters may also include pandemics that will require non-congregate
sheltering for residents who may or may not be infected and under an order to quarantine; and
WHEREAS, VACASA is a vacation rental management company that operates in
Key West and elsewhere in the Florida Keys,manages more than 250 units in Monroe County,
and has made the units under its management available during previous emergencies or major
disasters, and/or is willing to make its units available in the future should the County need
rooms for its emergency workers in the event of an emergency or major disaster,or for County
residents and other persons for non-congregate sheltering in the event of a pandemic.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereby agree as follows:
1.0 Description of Goods/Services. VACASA will provide accommodation (lodging) for County
employees and for authorized County contractors/personnel in two groups/phases for disasters.
The first group will consist of County emergency workers designated to remain in-County
during an incident. The second group will consist of County employees called back to work
in the County to perform essential work in order to provide County services,including response
and recovery services post-incident. Lodging can reasonably be expected to begin one (1)
week before an incident and will continue for an indeterminate period of time as needed to
perform and provide County Services. In the event of a pandemic, Contractor will provide
accommodations to be used by County residents and other persons for the purpose of non-
congregate(isolation)sheltering. Tenants (guests)will consists of persons awaiting test results
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for infection, persons testing positive for infection, and/or persons who are not positive for
infection but have no place to self-isolate safely. Non-congregate sheltering may coincide
during times of a disaster when it is also required to maintain social distance due to a pandemic.
In the event a local state of emergency is declared, the parties shall enter into an addendum
setting forth categories of authorized personnel groups/phases for whom the accommodations
will be provided.
2.0 Designated Point of Contact. VACASA and the County will each provide a Designated Point
of Contact and shall provide each other with all communication methods. The County Point
of Contact will liaise with the Designated Point of Contact for VACASA, to provide a list of
room needs and room assignments. Both Designated Points of Contact will work with each
other to resolve any issues that arise.
3.0 Term. This Agreement is effective from March 30,2020,through November 30,2020("Initial
Term").
4.0 Fees, Invoices.
a) Each unit will be billed at a mutually agreed rate per night("Unit Charge"). The Unit
Charge for a unit will vary depending on season and how many bedrooms the unit
contains. County will arrange for and separately pay for the required cleaning of each
unit upon check-out.
UNIT CHARGE, PER NIGHT, PER UNIT:
1 Bedroom - $150
2 Bedrooms - $200
3 Bedrooms - $275
4 Bedrooms - $400
5 Bedrooms - $700
b) Any personal expenses above and beyond the Unit Charge that are incurred by
individual guests (e.g., phone charges, meals) are the strict responsibility of the
individual guest and must be paid for by the individual guest. VACASA may request
a personal credit card from guests upon check-in, which shall be used to pay for
individual charges. The County will only pay for units that are utilized, up to the Unit
Charge.
c) All Unit Charges will be paid for by the County upon presentation of an invoice, in
accordance with the Florida Local Government Prompt Payment Act. The invoices
must be delivered to: Monroe County, Office of Management & Budget, 1100
Simonton St., Suite 2-213, Key West, FL 33040, Attn: Budget Director. Each invoice
must list the units (including unit numbers) covered in the invoice, dates of service, the
name of the person assigned to the unit, and the Unit Charge.
d) The County is exempt from sales and use taxes. A copy of the tax exemption certificate
will be provided upon request.
e) VACASA and County Designated Points of Contact shall mutually agree upon a
maximum check-out date. Guests who wish to extend their stay at the VACASA unit
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may do so at VACASA's discretion and the guest's financial resources, and at the unit
rate established by VACASA.
f) The maximum amount that can be charged under this Contract is $49,999.99.
g) Both parties understand that during an emergency or major disaster, the usual services
and amenities available at the unit may not be available, including power, water,
wastewater, food, and internet. Therefore, this Agreement covers use of the unit,
without any expectation of the other amenities. However, VACASA will use its best
efforts to provide the amenities as possible.
5.0 Miscellaneous.
5.1 Assignment. Neither party may assign (voluntarily, by operation of law, or otherwise)
this Agreement (or any rights or obligations contained herein) without the prior written
consent of the other party, whose consent shall not be unreasonably withheld. Any
permitted assignee shall assume all obligations of its assignor under this Agreement. Any
purported assignment or transfer in violation of this section shall be void.
5.2 Entire Agreement. This Agreement is the entire agreement between the parties. This
Agreement supersedes all prior or contemporaneous oral or written communications,
proposals, and representations with respect to the subject matter covered by this
Agreement. The terms and conditions of this Agreement can only be modified via a written
agreement signed by all parties.
5.3 Counterparts. This Agreement may be executed by the parties in separate counterparts
each of which when so, executed and delivered shall be an original, but all such
counterparts together shall constitute but one and the same instrument.
5.4 Notices. Any notice, communication or payment required under this Agreement shall be
addressed as follows:
Coun : Contractor:
Monroe County BOCC Vacasa LLC
1100 Simonton Street 926 NW 13'h Avenue
Key West, FL 33040 Portland, OR 97209
Attn: Roman Gastesi,
County Administrator With a copy to:
Vacasa LLC
1001 Whitehead Street
Key West, Fl. 33040
Attn: Rick Haskins
5.5 Authority. Each party represents to the other that execution, delivery, and performance of
this Agreement have been duly authorized by all necessary County and corporate action,
as required by law.
5.6 Federal and State Required, Public Records, and Scrutinized Business Contract Clauses.
The clauses included in Attachment A, as applicable, are hereby incorporated in this
Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by each duly
authorized representative on the dates set forth below.
The parties hereby agree and consent to the terms and conditions of the Agreement and
acknowledge such by executing the Agreement below.
Executed by: Monroe County BOCC Accepted By: VACASA LLC
Digitally signed by Roman G o"
DN:o—R—,G ,i,o=M—oeC—ty DocuSigned by:
Roman Gastesi emz�=b,11,dfi d,y@mo,,o,,o-y EfFC20008E43DE545D
fl.gov,c=US bb
Signature: Dat" 0.042409:19:51-04'00' Signature: '
...
Printed Roman Gastesi Printed Bob Milne
Name: Name:
Title: County Administrator Title:
coo
Date Date 23-Apr-2020
Signed: Signed:
Address: 1100 Simonton Street Address: 926 NW 13t' Avenue
Key West, FL 33040 Portland, OR 97209
Email: Gastesi-roman@monroecounty- Email: bob.milne@vacasa.com
fl.gov
O 1J TY ATTORNEY OFFICE
E0 T€ POD
FAA �= 11-
AUI,,STAN, ,T COUNTYATTORNEY
DATE 4/23/2020
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ATTACHMENT A
FEDERAL, STATE, PUBLIC RECORDS, AND SCRUTINIZED BUSINESS CONTRACT CLAUSES
1.0 Provisions Required by Federal Law, 2 CFR part 200.
1.1 Termination:
1.1.1 Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' written 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 Section 2-721 et al.
of the Monroe County Code. Either party may cancel this Agreement without
cause upon sixty(60)days'written notice of its intention to do so to the other party;
however, this provision may not be exercised during hurricane season (June 1 to
November 30) unless both parties mutually agree to terminate. In the event of
termination, the County shall owe for all goods and services delivered prior to the
date of termination.
1.1.2 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' written
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 to 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. 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.
1.2 Equal Employment Opportunity, No Discrimination Provisions:
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)
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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 Vill 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, as applicable:
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
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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 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 (8) 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.
1.3 OTHER FEDERAL CONTRACT REQUIREMENTS
VACASA and its subcontractors must follow the provisions, as applicable, as set forth in
Appendix II to 1 C.F.R. Part 200, as amended, including but not limited to:
A. 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
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 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
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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.
B. 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.
C. 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. §§7401-7671q) and the
Federal Water Pollution Control Act as amended(33 U.S.C.§§1251-1387)and will report
violations to FEMA and the Regional Office of the Environmental Protection Agency
(EPA). The Clean Air Act (42 U.S.C. §§ 7401-7671 q.) 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.
D. 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.
E. 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.
F. 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.
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G. 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.
H. 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 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 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:
(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.
I. E-Verify - 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.
J. Access to Records - Contractor 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
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
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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 laws or program guidance, and (3.) Submit timely, complete,
and accurate reports to the appropriate DHS officials and maintain appropriate backup
documentation to support the reports.
K. 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.
L. 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.
M. Federal Government not a Party to Contract. Contractor acknowledges that 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.
N. Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that
31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
Contractor's actions pertaining to this contract.
O. Compliance with Federal Law, Regulations, and Executive Order. This is an acknowledgment
that FEMA financial assistance will be used to fund all or a portion of the contract. The
Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA
policies, procedures, and other directives, as applicable.
1.4 Florida Division of Emergency Management Requirements:
The Contractor is bound by any terms and conditions of the Federally-Funded Subaward and Grant
Agreement between County and the Florida Division of Emergency Management, as applicable.
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.
1.5 Florida Public Records Requirements:
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, as applicable, VACASA
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 VACASA 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
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DocuSign Envelope ID: E8827CE8-669D-461 E-AB82-8A82CF656931
possession of VACASA or keep and maintain public records that would be required by the
County to perform the service. If VACASA transfers all public records to the County upon
completion of the contract, VACASA shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If VACASA
keeps and maintains public records upon completion of the contract, the Hotel 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 VACASA of the request, and the Hotel must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If VACASA 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
VACASA. 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.
VACASA 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@MONROECOUNTY-
FL.GOV, MONROE COUNTY ATTORNEYS OFFICE 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
1.6 Scrutinized Businesses:
For Contracts of any amount, if the County determines that the Contractor 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 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.
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