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02/11/2020 Agreement 1 , COUNTY ADMINISTRATOR CONTRACT SUMMARY O. FOR CONTRACTS 0 !0 Contract a ContractM ! jai - —Original - 1 Contract is rrement ContractRenewal 4 F. I Contract Manager: o* — --------- CONTRACT COSTS DollarTotal of "Gaff NCurrent YearPortion: (must be Icss than$50,000) (if multiyear agreement then requires BOCC approval,unless the tolal cumulative aniount is less than Budgeted? YesE] N ', Account Codes: 10' ' 01 0 ;9i ` f460 Match:County :D ADDITIONAL Estimated Ongoing Costs: $ /yr • (Not includcdindollar value -Riutilities, 4 tsalaries, CONTRACT REVIEW Changes Date Date d viewer Department Head YCsE] Nog JA Risk Management 2/12/2020 yesR #nx � 0 00 Comments: iwico 11 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR BIG PINE COMMUNITY PARK BASKETBALL/ROLLER HOCKEY RINK & TENNIS COURT RESURFACING NON-MANDATORY/Pre-bid Job Walk for BIG PINE COMMUNITY PARK BASKETBALLJHOCKEY AND TENNIS COURT RESURFACING, 31009 Atlantis Rd. Big Pine Key, FIL 33043, on Monday, July 1, 2019 at 2:00 PM. BOARD OF COUNTY COMMISSIONERS Mayor Sylvia Murphy, District 5 Mayor Pro Tern Danny Kolhage, District 1 Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 4 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Dir. of Project Management Kevin Madok Cary Knight June 21, 2019 PREPARED BY: Monroe County Project Management Department Monroe County Engineering 4- 0 1100 Simonton Street,2-2 16 Key Wed,FL 33040 Project Management Monroe County Engineering Date: June 1, 2019 Scope of Work: The scope of work is to resurface ( ) tennis complex that measuresapproximately 13,200 square II Court/Hockey Court/Hockey rink complex sur s approximately 18,000 square s newly pavedi asphalt. The scope includes i repairs to all cracks installing ri i . The Basketball/HockeyI is a multi- use playing s of both those activities. Job Name: BIG PINE COMMUNITY PARK BASKETBALLIHOCKEY Location: RINK& TENNIS COURT RESURFACING Job i i unity Park 31009 Sands Rd. Big PineFlorida33043 Project t Keithrin brin -k ith&monro couDty fi].go r ( Facilities t Willie is desantis-willig[n@monroecounty-fl.gov PROJECT OVERVIEW, PROJECT INTENT AND SCOPE, GENERAL REQUIREMENTS 1. Project Overview a. Big PineCommunity in Bigi lori significant i and storm surge during i Irma. Due to thisevent the tennis surfaces and the basketball/hockey basketball/hockey rink r o be repaired. i job requires r r i of the currentexisting surfaces, repairs of all cracks, and installation of new surface and striping. This work is beingr repair storm damages. job I is scheduled for Monday, July 1, t the location. II Quotes arein writingo be submitted later than Tuesday, P.M. via it to bring- Page 2 of 29 Monroe County Engineering 1100 Simonton Street,2-216 Key West,FL 33040 Project Management i r via delivery 1100 SimontonStreet, Room 2-216, Key West, Florida 33040. All Quotes must state they will be honoredfor one hundred (1 ) calendar days from i I due date. 2. Project Intent and Scope a. Contractor shall supply II of the needed materialshardware t complete roj ct and properlydispose ris. The scope of work is to resurface ( )tennis court complex that measuresapproximately 13,200 square s II/ o rink I sures approximately 18,000 square that s newly pavedi I . The scope includes i repairs II cracks installing striping. The Basketball/HockeyI is a multi-useplaying surface and must both of those activities. 3. Summary of General Requirements a. The pictures sur nprovided i this RFS may be used for estimating r o s. Contractor shall be responsible for any errors or omissions in measurements or pictures provided. b. Contractor is required o provide protectionfor all existing surfaces. To include, t not limited : i. Existing fixtures ii. InteriorWalls iii. Personal Items iv. Windows and Doors V. Flooring vi. Vehicles and Personal Property vii. Landscaping c. The Contractor shall ensure that all non-exempt employeesthis effort i are compensated in accordancei II State and Local . d. Provide dumps ter, containment bin, r similar device for the collection containmentof construction generated debris. haul, and properlyi of all construction debris. f. Provide i in appropriate (OSHA required) construction warning signs and barriers. Furnishg. II required rk site safety equipment. Page 3 of 29 Monroe County Engineering I 100 Simonton Street,2-216 Key West,FL 33040 Project Management h. Furnish maintain on-site ri I safety data (" ") for all materials used in the construction. i. Construction worktimes shall be limited t .to 5:00 P.M. Monday- Friday. j. II materials shall be approvedsubmittal rior to commencement work. (Please Provide Court Surface Specs to Be Used in This Bid) k. Contractor shall provide a lump sum priceTuesday, July 9, 2019 P.M. via email or hand deliveryherein. I. Contractor needs to be awarer and location I accordingly. m. Contractor needs to be awareof the facility, its residents, i unusual schedules Ian accordingly. n. Contractor shall provide a safety lift I for all crane/hoist work. o. Contractor to provideschedule for all phases of the project. p. Contractor to provide one 3-ringBinder with all original device specifications, i s, maintenance schedules, r i s, permits, repair and maintenancecontacts, and any other information for the proper function and maintenanceof the equipment and one (1) digital copy in PDF format on CDIDVD. q. Contractor to coordinate aII activities withconcurrent i in signing i agreement,the Undersignedread ands the terms and conditions set forth by the Monroeo l Requirements for Construction, found at the followinglink Monroe . s. Insurance Requirements: Workers' Comp Employers' Liability 1 / / 1 , Bodily Injury i it Injury is li limits/Bodily Injury iemployee Page 4 of 29 j . 3i Monroe County Engineering 1100 Simonton Street,2-216 Key West,FL 33040 Project Management General Liability $300,000 CombinedSingle Limit Vehicle r Person $300,000 per Occurrence Property or Combinedi I Limit Builders i Not-required Construction oNot-required t. The Contractor shall be required r for all permits required to performwork. . The Contractor is required v II current licenses necessary the work. v. Indemnification, Hold Harmless and Defense. Notwithstanding minimum insurance requirements scri elsewhere in thisagreement, Contractor shall defend, indemnify hold County oun ' elected i officers l harmless from ist (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, II roc i t other proceedings relating to any type of injury (including ), loss, damage, fine, penaltyor business interruption, (iii) any costs or expenses that may be assertedis , initiated i respect to, r sustained by, any indemnified reason r in connectionwith, ) any activityContractor or any of its employees, r r r other invitees during i Agreement, ( ) the negligencer recklessness, intentional wrongful misconduct,errors or other wrongful act or omission of Contractor or any of its employees, agents,sub-contractors or other invitees, r( )Contractor's defaultin respect n of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, ctions, causes of action, litigation, roc i , costs or expenses ariseintentional r sole negligent s or omissions of the Countyor any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation o liability r this contractII be not less 1 million per occurrence pursuantcti , Florida Statutes. Insofar as the claims, ions, causes of ion, litigation, proceedings, s or expenses relate to events r circumstances that occur during the term of this Agreement, this section ill survive it in of the terrn of thisr r any earlier termination of this Agreement. Page 5 of 29 Monroe County Engineering l 100 Simonton Street,2-216 Key West,FL 33040 Project Management In the eventthat the completionof the project(to include r others) is delayedr suspended as a result r is failure to purchase r maintain the required insurance, r c r shall indemnify County from II increased resulting r such delay. Shouldclaims iCounty virtue deficiency r ambiguity in the plans and specificationsprovided Contractor, the Contractor agrees and warrants that the Contractor shall hold the Countyl II indemnify it from II losses occurring therebyII further defend any claim t action on the County's . The first dollars ( 1 ) of remuneration paf o the Contractor is for the indemnification provi r the above. The extent of liability is in no way limited , reduced, or lessened insurance requirements i elsewhere ii this Agreement. FDEM Indemnification To the fullest r i law, the Contractor shall indemnify hold harmlessAgency, the State of Florida, Emergency Management, and its officers andemployees, from liabilities, damages, losses and costs, including, limited , reasonable attor 's fees, causedto the extent li , recklessness r intentional r l misconduct of the Contractor and persons employed or utilized Contractor in the performance of this Contract. This indemnification shaII survive termination of thi or thin containedin this paragraph is intended to nor shall it constitutewaiver of Floridathe State of (County)Agency's sovereign immunity. w. NON-COLLUSION. By signing is proposal, the undersignedswears, according law on his/her oath, and under penalty of pedury,that their fir executes this proposal with prices arrived at independently i out collusion, consultation, communication, or agreement for the purpose restricting competition, as to any matter relating to such prices i other bidder or with any competitor. Unless otherwise required law, the prices is ve been quoted in thisr o I have not been knowingly disclosed by the proposer and will not knowingly be disclosed proposer prior to proposal opening, directlyr indirectly, n r proposer or to anycompetitor. No attempt has been made or will be made by the proposer o induce any other person, partnership or corporation submit,or not to submitproposal for the purposerestricting competition. The statements contained in this paragraph arecorrect, with the full knowledge rCounty relies truth of the Page 6 of 29 Monroe County Engineering qfi 1100 Simonton Street,2-216 Key West,FL 33040 Project Management statements contained in this paragraph in awarding contracts for this project. x. ETHICS CLAUSE. By signing i proposal, the undersignedwarrants that he/she/it s not employed, retained r otherwise had act on his/her/its formerbehalf any County officer or employee in violation of Sect Ordinance 1 -1 r any Countyofficer or employee in violation Section of Ordinance -1 r breach or violation of this provision in its discretion,terminate thisr i out liability I , in its discretion, deduct fromAgreement or purchaseri r otherwise recover, l{ amount of any fee, commission, rgift, or consideration paidt County officer or employee. y. DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies Contractor complies fully with, and in accordancei Floridatute, Section 287.087, the requirements s follows: i. They will publish a statement notifyingl the unlawful manufacture, distribution, dispensing, possession, r use of a controlled subs is prohibitedin the workplacespecify actionsill be taken againstt for violations of such prohibition. ii. Inform employeesr in the workplace, the business's licy of maintaining a dru - rworkplace, any available r li , rehabilitation, lassistance programs, lti imposed upon employees r drug abuse violations. iii. Give eachl in providingcommodities or contractual services that arei copy the statement specified in subsection (i). i . In the statementspecified in subsection (i),notify the employees , as a condition working ii r contractual services underthat are bid, the employeeill abide statement and will notify the employer of any convictionr plea guilty or nolo contenderen violation of Chapter 893 (Florida Statutes) or of any controlledlaw of the Unitedr state,any for a violationi in the workplacelater than five s after such i i . V. Impose i r require i s participation in a drug abusei or rehabilitation pro r if such is available in the employee'scommunity,for any employeeis so convicted. vi. Make a good faith effort to continuemaintain drug-free workplace through implementation of this section. Page o Monroe County Engineering 1100 Simonton Street,2-216 Key Wed,FL 33040 0 Project Management PROPOSALTO: Monroe County Project Management 1100 Simonton St., Room 2-2116 Key West, FIL 33040 Zi (L�aur'—� "V PROPOSALFROM: The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: BIG PINE COMMUNITY PARK BASKETBALL/HOCKEY RINK & TENNIS COURT RESURFACING 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 is 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 ofthis Project within ten (10) calendar days after the date of issuance tot undersigned by Owner of the Purchase Order. Once commenced, undersigned shall diligently continue performance until completion oft Project. The undersigned shall accomplish Substantial Completion of the Project within Thirty(30) calendar days. Page 8 of 29 Monroe County Engineewing 1 100 Simonton Street,2-216 Key West,FL 33040 Project Management The Bass Proposal shall be furnished below In words and numbers. If there Is an inconsistency between the two, the Proposal in words shall control. 1 < r .r 0 Dollars (Total Base Proposal-words) Dollars (Total Base'Proposal-numbers) I acknowledge Alternatesfollows: Alternate Dollars (Alternate#1-words) $ _Dollars (Alternate#1- numbers) I acknowledge receipt o.( )or None No. Dated - -�¢r e 9 of 29 Monroe County Engineering I 100 Simonton Street,2-216 Key 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: Mailing Address: A-1 I Phone Number: 2— E.I.N.: .t2 0_,/ 2._........ ........ Email: Date.- 9_12 Signed: (Name) (Title) tra n ss t a: Witness name: Date: IL MONROE COUNTY aR2/11/20 7 /�flk Date: FILL IN NAME AND TITLE OFAUTHORIZED COUNTY REP. Page 10 of 29 Monroe County Engineering 1100 Simonton Street,2-216 Key West,FL 33040 Project Management ADDITIONAL CONTRACT PROVISIONS . Non iscr rein t onfFcusl Employment Opportunity. agreeCONTRACTOR and COUNTY r ill be no discrimination against person, and it is expresslyunderstood determination court competentjurisdiction that discrimination has occurred, this Agreementautomatically terminates i out any further action on the part of any party, effectivethe court order. CONTRACTOR or COUNTY agrees to complyi II Federal and Florida statutes, ll local ordinances, as applicable, relating to nondiscrimination. These include but arenot limited o; 1)Title VI I of the Civil Rights Act of 1 ( - 352) which prohibits discrimination on the basisof race, color or national origin; 2) Title IX of the Education1 (20 USC ss. 1681-1683, and 1 -1 ), which prohibits discrimination on the basis of sex; 3) Section the Rehabilitation 1 (20 USC s. ), which prohibits discriminationon the basisis ) The Age Discriminationc of 1975, as amended (42 USC ss. 1 1- 1 )which prohibits discrimination on the basis of age; Office5) The Drug Abuse r 1 ( - ), as amended, relating to no iscri iti sis o ) The Comprehensive Alcohol Abuse and Alcoholismr v i , Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondi cri i i sis of alcohol abuse or alcoholism; )The PublicIt ice Act of 1912, (42 USC ss. - - ), as amended, relating to confi i li of alcohol and drug patientabuse records; ) Title Vill of the Civil Rights Act of 1 (42 USC s. 3601 et seq.), as amended, relating to non iscri i nation in the sale, rental or financing of ) The Americansi i ilii s Act of 1 (42 USC s. 12101 Note), as may be amended from i time, relating to nondiscrimination on the basis of disability; 1 ) Monroe Countyr 14, Articlell, which prohibits discriminationon the basis of race,color,sex, religion, i I origin,ancestry,sexual orientation, gender identity r expression, familial status or ; 11) Any other nondiscrimination pr visions in any Federal or state statutes which may apply partiest , or the subject matter , this Agreement. During or of this Agreement, , in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 1 , 1964- 1965 Comp., . ), as amended by ExecutiveOrder 11375, AmendingExecutive Order 11246 Relatingto Equal Employment Opportunity, implementing regulations at 41 (Office r I Contract Compliancer r , Equal Employment Opportunity, Department of Labor). , AppendixII, 1 C, agreess follows: (1)The CONTRACTOR will not discriminateis l r applicant for employmentrace, I r, religion, I orientation, gender identity, r national origin. The contractor will take affirmativeaction to ensure that applicants are employed, l re treated duringl io regard o their race, color, religion, I orientation, gender identity, or national origin. Page of 29 Monroe County Engineering - 1100 Simonton Street,2-216 Key West,FL 33040 Project Management Such actionII include, not be limited to the following: I r in , demotion, or transfer, recruitment or recruitment v i i ; layoff or termination; rates of pay or other forms of compensation; and selectionfor training, including apprenticeship. r cr agrees to postin conspicuousIavailable to employees and applicants for employment, notices to be providedcontracting officer setting forth the provisions of this nondiscrimination clause. ( ) The CONTRACTOR will, in all solicitations or advertisements for employees placed or on behalfof the contractor, state that all qualified applicantsill receive consideration for employment without regard I r, religion, I orientation, gender identity, or national origin. ( ) The CONTRACTOR will not dischargeor in anyr manner discriminate againstny employee or applicant for employment because such I or applicant s inquired out, discussed, or disclosed the compensationof the employee or applicant or another employee or applicant.This provisionshall not apply to instances in whichl s to the compensationinformation of other employees or applicants as a part of such employee'sessential job functions, discloses the compensationsuch r employees or applicants to individuals who do not otherwise s such information, l s such disclosure is i response to a formal complaint or charge, in furtheranceinvestigation, proceeding, ri , or action, including investigation conducted by theemployer, r is consistent with ' legal duty to furnishinformation. ( ) The CONTRACTOR will send to eachlabor union or representative of wor e with whichit has a collectivebargaining r other contract or understanding, noticeto be providedc contracting 1c r, advising the labor union or workers' representative of the contractorscommitments r section 202 of Executive r r 11246 of September , 1965, and shall post copies of the noticei conspicuous I s available to employees and applicantsfor employment. ( ) The CONTRACTOR will comply with all provisions of ExecutiveOrder 11246 Septemberof 24, 1 , and of the rules, regulations, and relevant orders of the Secretaryof Labor. ( ) The CONTRACTOR will furnish all information and reports required Executive Order 11246 of September 24, 1965, andrules, regulations, ordersof the Secretaryof Labor, or pursuant thereto, ill permit access to his books, records, c u contracting ncy and the Secretaryr for purposes of investigation to ascertaincompliance i such rules, regulations, orders. (7) In the eventoft non-compliance i the nondiscrimination clausesis contract or with any of such rules, regulations, or orders, this contract may be I , terminated, or suspended in wholer in part and the CONTRACTOR may be declared ineligible for further Government contractsi accordance i procedures ri in ExecutiveOrder 11246 of September 24, 1965, and such other sanctionsimposed andremedies invoked provided in ExecutiveOrder 11246 of September 24, 1965, or by rule, regulation, or order of the Secretaryr, or as otherwise providedI . Page 12 of 29 Monroe County Engineering 1100 Simonton Street,2-216 Key West,FL 33040 Project Management II. Termination. a. In the event that the CONTRACTOR shall be found to be negligentin anyaspect service,of the COUNTY shall have the right to terminateis agreement afterfive ( )days' wriften notification . b. Either of the partiesr I this Agreementwithout cause by giving other party sixty( ) s' written noticeits intention o so. c. Termination for Cause and Remedies: In the event of breach of anycontract r , the COUNTY retains the right i i Agreement.The COUNTY may also terminate is agreement for cause withof it to performv r in contained at the timein the manner herein provided. In the eventf such termination, prior termination, II provide i five ( ) calendar tic r vi the CONTRACTOR with an opportunitycure the breachoccurred. If the breachis not cured, the Agreementill be terminated . If the COUNTY terminates this agreement withshall pay CONTRACTOR the sum due the CONTRACTOR under thisr rior to termination, l I ti funds remaining in the contract; however, the COUNTY reserves the right to assert seek an offset for damages caused by the breach. The maximum CONTRACTOR shall not in any eventspending in thisAgreement. In addition, the COUNTY reserves all rights available recoup moniesi this Agreement, including right r breach of contractn including right u claim r violation ofthe COUNTY's False ClaimsOrdinance, located at Art. IX, Section - 1 et al. of the Monroe . d. Termination for Convenience: The COUNTY may terminatei r r convenience, i ( ) ' notice to CONTRACTOR. If the COUNTY terminates this r i II pay underCONTRACTOR the sum due the CONTRACTOR this agreementprior to termination, l ss the cost of completionc funds remaining in the contract. The maximumII not exceed the spending in this . In addition, the COUNTY reserves all rights available to recoup ies paid under this r , including right sue for breach of contractincluding right r claim for violation of the COUNTY's FalseClaims r i , located at Art. IX, Section - 1 et al. of the Monroe our Code. e. Scrutinized Companies: r Contracts of any amount, if the County determines that the Contractor/Consultant has i l certification t Section Page 13 of 29 I, Monme County Engineering 1100 Sursontm Street,2-216 Key West,FL 33040 Project Management .1 ( ), Florida Statutes or has been placedScrutinized Companies Boycottthat Israel List, or is engaged in a boycott of Israel, the County shall have the tin of (1) terminating the Agreementr it has given Contractor/Consultant written noi i o demonstrate agency'sr i i of false ifi io in error pursuant to Section .13 ( )( ), Florida Statutes, or( ) maintaining the Agreementif the conditions of Section .1 ( ), Floridatut s, are met. III. MAINTENANCE _RECORDS. CONTRACTOR II maintain all books, records, c directly i performancer this Agreement in accordancei r ll accounting principles consistently applied. Records shall be retained for a periodoft (1 )years from r i tin of this agreement. r. Each party to this Agreement or its authorized representatives ll have reasonable and ti i s to such records of each other party to this Agreement for public records it purposes during term of the Agreementfor (1 ) yearsfollowing termination tis Agreement. If an auditor employed by the Countyr Clerk determines that monies paid to CONTRACTOR pursuanti reement were spent for purposes not authorized i r t,or were wrongfully retained h ,the CONTRACTOR II repay the monies together with interest caIlpursuant to c. 55.03 of the Floridat tut s, running from ies were paid I . PUBLIC,ACCESS. The CONTRACTOR and COUNTY II allow and permitreasonable ac ss to, and inspection o , all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, r received in connection with this Agreement; and the COUNTY shall have the right it r ll I this Agreement violation of thisprovision by CONTRACTOR. CONTRACTOR shall be referred to herein also s "Contractor" for this provisiononly: Public r li Contractor must complyi I ripublic records laws, including limited o Chapter 119, FloridaStatutes and Section 24 of articleI of the Constitution Florida. The CountyContractor shall allow and permit reasonable access to, and inspection II documents, records, letters or other " lic record" materials in its possession or under its controlsubject to the provisions of Chapter 119, Floridatut r received oun Contractor in conjunctioni is contract and related r c performance. The County shall have the fight to unilaterally canc I this r violation of thi provision by the Contractor. Failure of the Contractor to abideis provision shall be deemed a material breach of thiscontract enforce the terms of this provision in the form of a court proceedingshall, as a Page 14 of 29 a Monroe County Engineering I 100 Simonton Street,2-216 Key West,FL 33040 Project Management prevailing party, be enitl to reimbursement of all r fees and costs associated i r i . This provisionII survive any termination or expiration r c . The Contractor is encouraged { i its advisorsFloridaliRecords Law in order to complyi is provision. Pursuant to F.S. 119.0701 and the termsconditions i contract, the Contractor is required : (1) Keep and mamaintain lic records of required o performservice. receipt fr oun 's custodian records, roviwith a copy of the requested records r allow the records inspected r copied i i reasonable time provided in this r or as otherwise rovi law. Ensure lic records that arer confidential and exempt from li records disclosure requirements r not disclosed except as authorizedlaw for the duration contract following compI i of the contract if the contractor does not transfer the records to the County. ( ) Upon completioncontract, transfer, at no cost, to the CountyII public records in possession of the Contractor or keep and maintainpublic records of be required oun service. If the Contractor transfers all public records n completion of the contract, the Contractor shall destroy any duplicate lic records that arer confidential and exempt from lic records isclosur requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements r retaining lic records. ll records red electronically must be provi County, request fromthe County'scustodian records, in a format that i compatible it information technology systems of the County. request to inspect or copy public records l i to a Countyrmust be made directly to the County, but if the County does not possess the requested reco,rds, the County II immediately i r r of the request, and the Contractor must provide records r allow the records inspected r copied within reasonable time. If the Contractor does not comply i 's request for records, the County shall enforce the public records r c provisions in accordancei nr c , notwithstanding t 's option and right to unilaterallycancel this contract upon violation of thisprovision Contractor. nr cr who failsprovide public records aunty or pursuant to a valid lic records request withinreasonable time j c penalties under section 119.1 I ri Statutes. The Contractor shall not transfer custody, release, I r, destroy or otherwise dispose of any public records unless or otherwise rovi in thisprovision r as otherwise provided law. Page 15 of 29 Monroe County Engineering 1100 Simonton Street,2-216 Key West,FL 33040 Project Management r ATTORNEY'ATTORNEY'S OFFICE1111 12TH Street, SUITE 1>'WEST, FL33040. V. Flight to Audit Xvailability of Records. The records of the parties to thisr relating to the Project, which shall include limited to accountingrecords ( r copy, as II as computer readable it can be made available; subcontract files(including proposals of successful and unsuccessful bidders, bidrecaps, bidding instructions, bidderslist, c.); originalestimates; estimating r s; correspondence;change order files (including tin covering negotiatedsettlements); back charge logs and supportingdocumentation; general ledger entries detailingtrade discounts , insurance rebates anddividends; any other supporting vi necessarydeemed r to substantiate chargesrelated this agreement, II other agreements, sources of information in Owner's reasonable judgment have any bearingr pertain to any matters, rights, duties or obligations r or covered by any contractc ( II foregoing rin r referred to as "Records") shall be open to inspection and subject to auditand/or reproduction rs representative and/ r agents of Owner. Owner may also conduct rifi ios such as, but not limited o, counting employees at the job site, witnessing the distributionof payroll, verifying payroll computations, overhead computations, i vendor and supplier payments, miscellaneousllo i , special charges, verifying information and amounts through interviews confirmationsi Ioyees, Subcontractors, suppliers, contractors representatives. AII records II be kept for ten (1 )years after Final Completion. FEDERAL CONTRACT PROVISIONS The CONTRACTOR and its subcontractors mus IIprovisions, as applicable, s set forth i Contract rvi i nix II t , amended,as including not limited o: I. Clean Air Act,142 U.S.C.--§§7401-7671gland the Federal Water Pollution Control Act ( U- 1 1-1 7)as amended. Contractor agrees to comply i II applicable standards, orders or regulations issued pursuant to the Cleanit Act ( U.S.C. 1- 1 ) and the Federal Water Pollution Control Act as amended ( U.S.C. 1 1-1 ) and will report violations to FEMA and the Regional Office Environmental Protection Agency (EPA). TheI it Act ( 1- e 16 of 29 i Monroe County Engineering 1100 Simonton Street,2-216 Key West,FL 33040 Project Management 7671q.) r l Water Pollution Control Act ( 1 1-1 ), as amended, li Contracts and subgrants of amounts in excess of$150,000. II. Contract Work Hours and Safe Standards Act U. . _ 37 1-3703). Where applicable, is includes II FEMA grantcooperative r programs, ll contracts awarded by the COUNTY in excess of $100,000 that involve employment of mechanicsor laborers st comply with , as supplemented n r regulations ( ). Under 40 contractor s te the wages of every mechanic and laborer i standard orforty ( ) hours. Work in excess of the standard ork week is permissibleprovided r r is compensated at rate of not less n o I times sic r r II ours worked iexcess ( ) ours in the work week. The requirements are applicableconstruction roi t no laborer or mechanic must be required o in surroundings or under working conditionswhich are unsanitary, hazardous, r dangerous. These requirements o not apply to the purchases supplies r materials or articles ordinarilyv it I open market, or contracts for transportation or transmission of intelligence. III. Ri hts to Inventions(Made Under a Contract orAgreerrient. If the Federal award the definition "funding r n " under 37 CFR §401.2O and the recipient or subrecipient wishes to enter into a contract it II business firm or nonprofit organization regarding the substitution i s, assignment or performance of experimental, developmental, or research r that "funding agreement," the recipient or subrecipient mustl i requirements 1, "Rights Inventions Nonprofit Organizations II Business Firms Under Government Grants, r r i Agreements," and any implementing regulations issued by the awardingagency. IV. Debarment and Suspension Executive Orders 12549 and_12 contract awa isee 2 CFR 180.220) must not be made to parties listed on the governmenti exclusions in the System for Award Management( ), in accordancei guidelines at 2 CFR 180 thaimplement civ r rs 1 (3 CFR part 1986 . 1 ) and 1 (3 CFR part 1 ), "Debarment Suspension." SAM Exclusions contains the names of parties , suspended, or otherwise cl agencies, as well as partiesdeclared ineligible under statutory or regulatory authon other than ExecutiveOrder 12549. . Byrd Anti-Lobbying-Arnendment,131 U.S.C. 13 ), Contractors that applyi for awardan ing $100,000 mustfile the required ii i tier certifies t the tier above thatit will not and has not used Federal appropriated funds to pay any person r organization for influencing r attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an Page 17 of 29 Monroe County Engineering 1100 Simonton Street,2-216 Key West,FL 33040 employeeProject Management of a member of Congressin connectionobtaining Federal contract, grantor any other award covered 1 U.S.C. §1352. Eachtier must alsodisclose any lobbying ith non-Federal funds that takes placein connection iobtaining Federal award. Such disclosuresr r from i r to tier up to the non-Federal award. I. Come liancc with Procurement of recover d materials as set forth in 2 CFR_§,_200322. NTRACTOR must complyi section li Disposal Act, as Resourceamended by the o tin and Recoveryc . The requirements f Section include procuring only items designedin guidelines of the Environmental Protection Agency (EPA contain i percentage o recovered mat r! I r ci I , consistent withmaintaining is level competition, r rprice of the item exceeds$10,000 or the value quantityc uirduring preceding fiscal year 1procuring soli waste t services in a manner that maximizesr resource recovery; s li i I tiv procurement r r for procurement o recovered materi I identified in the EPA guidelines. (1) In the performance of this contract, the Contractor shall make maximumproducts i i recovered materials that arei items unless the producto uir ; (i) Competitively i i timeframe providingt compliance withtcontract performanceschedule; (ii) Meeting contractrequirements; r (iii) At a reasonable price. ( ) Information out this requirement, Iong with the list of EPA- designateditems, is availableComprehensive rocur t Guidelines site, httgL//www.epa. ov/smm/co lore onsivo-orocurorracnt auidel,i oµcc -arooram. REQUIREMENTSOTHER FEDERAL I. Americans with Disabilities Act of 1990 LADAI as,amended. The CONTRACTOR will complyi II the requirements imposed by the ADA, the regulations Federal government issued thereunder, and the assurance pursuant thereto. I!. Disadvantaged Business F1tcr ri F Folic and Obfigaflon. It is the policy COUNTY that 's, as defined i II have opportunity to participatein the performancecontracts financed in wholer in part with COUNTY funs under this Agreement. The DBE requirements of applicable federal and state laws and regulations appl this Agreement. The COUNTY and its agreeCONTRACTOR re that DBE's have the opportunityparticipate in the performanceof this Agreement. In thisregard, II recipients and contr c II take II necessary and reasonable steps in accordancei 1 ( s set forth below), applicable federal and state laws andregulations o ensure ' have the opportunitycompete for and performcontracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race,color, Page 18 of 29 MonroeCounty Engineering 1100 Simonton Street,2-216 Key West,FL 33040 Project Management national origin or sex in the awardcontracts, entered this Agreement. C.F.R. 1 -CONTRACTING WITH SMALL AND MINORITY RITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS: If the CONTRACTOR, withauthorized this Agreement, seeks to subcontract goods or services, then, in accordanceith 2 C.F.R. §200.321, the CONTRACTOR shall take the followingaffirmative steps to assurethat minority businesses, ' usin ss enterprises, and labor surplus areai are whenever u2ssible. b. Affirmative steps must include: I. Placing qualifiedII and minoritybusinesses business enterprises on solicitation lists; r. Assuring that small and minoritybusinesses, and women's business enterprises r solicited whenever they arepotential sources; `-. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximumparticipation II and minority businesses, and women'sbusiness enterprises; Establishing livery schedules, where the re uirement l2errnits, which encourage ici ti y small and minoritybusinesses, ' business r ris ; V. Using the servicessis n ,as,a pro riate, of such organizations as the Small Business Administrationthe MinorityBusiness Development Agency of the Department of Commerce. Requiring Prime r c r, if subcontractor r o be I , to take the affirmative steps listed in paragraph (i)through VI) oft is section. III, The Contractor shall utilize I cri 's E-Verify system to verify Ioyment eligibility of alI new employeesit Contractor during the term of the ContractII expressly require subcontractors performi r or providing servicesContract likewise utilize ISecurity's - ri vedfy employmentthe li i ili II new employeesit subcontractor during the Contract r . IV. The Contractor is bound by theconditions r ll -Funded Subaward and Grantr oun Florida ivision of Emergency Management (Division) ll i link on the MonroeCounty web page: hftp.,//fl-monroecounty.civ*scplus.com/Sids.asl2&?GatlD=18. V. The Contractor shall hold the Division and Countyharmless is II claims of whatever nature arisingout of the Contractor's performance of work under this Agreement, II required law. Page 19 of 29 Monroe County Engineering ip I 100 Simonton Strect,2-216 Key West,FL 33040 Project Management 11+lina�*it�ry wt3lrted ��tl �- �trst lcr a -contractor n Monroe o n o completion of workassociated below indicated project (Check one) is a minority business enterprise,as defined in Section 288.703,Floridais or is not a minoritybusiness enterprise,as definedin Section .7 3,Florida Statutes. F.S. 288.703(3)"Minority business enterprise" a ll business concern as defined in subsection(6)(sbelow)which is organized to engage in commercial transactions,which is domiciled lorida,and which is at least 51-percent-owned by mino ° ersns who are members n insular group t is of a particular racial, ethnic,or gender makeup or national origin, which s been subjected isto °cally to disparate treatment due to identification and with that group resulting ree do of commercial enterprises under the ou 's control, and whose management and dailyoperations are controlled such persons.A minority business enterprise may primarily involve the practice of a profession, Ownership a minority person does not include ownership 'c is the result of a transfer nonminority personto a minority personi related immediate family o if the combined total net asset value of all members of such family group exceeds 1 million. For purposes aft is subsection,the to "related immediate it o s one or more children under 16 yearsof age and a parent of such children or the spouse of such parent residing the same house or living unit. 288.703(6)"Small business"means an independentlyowned and operated u ` ess concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates, has a net worth not more 5 million or any firm basedthis state which has a Small Business Administration O certification. s applicable to sale proprietorships, themillion worthnet requirement shall include both personal and business investments. Contractor La.y refer to F,S, 288.703 for more information. Contractor Sub-Recipient: Monroe Signature i a e Print e:R_/<-*?+r) Printed e: Title. / a� ...., s Title/ Department: Verified via: k ttt s:/losd.dms.m florida.cotWdirectories DEM Contract: Z0002 i /S te/ i �,, . late: - - ,_ FEMA ProjectNumber: Page 20 of 29 Monroe County Engineering II Simonton Street,2-216 Key West,FL 33M Project Mmagement Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) Theprospective contractor of the Recipient, 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 tot above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By Si n r aRecipient's Name Name and it Division Contract Number Xel'l Street Address FEMA Project Number City, State, Zip -7 Date Page 22 of 29 MonroeCounty Engineering 1100 Simonton Street,2-216 Key Weat,FL 33040 Project Management VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Descdption(s): des- a-r 1'e •, 5 - 110 1 r i Respondent Vendor Dame: e - Vendor F l 0 Vendor's AuthorizedRepresentative and Title: . , � City: xState: Zip: 33177 Phone Number 1-1 _Email Address: r r w Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing ntrct for goods orservices of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 1 . 75, Florida Statutes, or is engaged in a Boycottof Israel. s the person authorized to sin on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor " is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities In Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged In business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject company to civil penalties, ttorney's fees,and/or costs. I further understand that any contract with the COUNTY may be terminated,at the option of the COUNTY,If the company Is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycottof Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities In the Iran Petroleum EnergySector List or been engaged in business operations In Cuba or Syria. Certified y: " \Q% who is authorized to sign on behalf of the ve pa Authorized ` nature. Print Larne: , Title: Note:The List are available at the following ea ent of Management ServicesSite: hlt ; ww.drn ,m fl ri , , m/busine rations/stat r h ndor information/convicted sus ended _discriminatory complaints vendor lists Page 23 of 29 Monroe County Engineering I1O0 Simonton Street,2-216 Key West,FL 33040 Project Management NON-COLLUSION AFFIDAVIT AOT - oft cFty according l r penalty of pedury, depose and say that: 1. I am '` . , ,Va-rU of the firm of the proposer making the Proposal for the projectdescribed in the noticefor calling for proposals for: and i t I exeEuted the saidr o I ith fullauthority to do so; 2. The prices in this proposal have been arrivedindependently ithout collusion, consultation, communication or agreement for the purpose of restricting competition, s to any matter relating to such pric i r proposer or with any competitor; and 3. Unless otherwise required 1 , the pricesis v in this proposal have not been knowinglydisclosed proposer and will not knowingly be disclosed r o r prior to proposal opening, it cl or indirectly, other proposer or to any competitor; 4. No attempt has been made r will be made by the proposer to induce any other person, nr r corporation to submit, or not to submit, a proposal for the purposerestricting competii . The state nts i this affidavit r truecorrect, i full kno w. (Signature of Proposer) (Date) STATE : COUNTY PERSONALLY APPEARED BEFORE , the undersignedauthority, - A after first being sworn me, (name individual signing) affixed his/her signature in the space provided above. on this IR day of 0 A . NOTARY U LI -- My commission expires: (SEAL) KRIST=PEDROSO-GAMBLE-GABLE r*. Notary `orida079,2021 a of 29 Monroe County Engineering 0 I 100 Simonton S 2-216 Key West,FL 33040 Project Management COUNTY,LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE ETHICS CLAUSE FLORIDA zlec- (Company)) ... warrants that he/its not employed, retained r otherwise had actis/its behalf any former County officer or employee in violation of Secti r i o. 010- 1990 or any County officer r employee in violation of SectionOrdinance 1 - 1 r breach or violation iprovision , in its discretion, terminate this contract without liability I , in its discretion, from r c or purchaseri , or otherwise recover, full amount of any fee, commission,percentage, gift, or consideration paidt County o er ore to e " (Signature) �. STATE OF: COUNTY OF: Subscribed (or affirmed) before me on (date) y _(name of affiant). He/She is personally to me r has produced as identification.. (Type of identification) Ln::: NOTARY PUBLIC My commission expires: (SEAL) KRISTAL NICOLEPEDR 0-GAM Notary blic-State of Florida v Commission M GG 123079 y Comm.Expires Jul 11,2021 Page 25 of 29 Monroe County Engineering 1100 Simonton Street,2-216 Key West,FL 33040 Project Management DRUG-FREE WORKPLACE FORM undersignedThe vendor in accordancei I rida Statute 287.087 herebycertifies that: (Dame of Business) 1. Publishes a statement notifying ! s that the unlawful manufacture, distribution, dispensing, possession, r use of a controlledsubstance is prohibited in the workplacen ii actions that will be taken againstemployees for violations of such r i ii . Informs l out the dangers of drug abuse in the workplace, the business's lic of maintainingdrug-free Iace, any availabler counseling, rehabilitation, I ssistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Gives l in providingthe commodities or contractual services r r proposal a copy of the statement specifiedin subsection 0). . In the statement specified in subsection (1), notifies the employees condition r icommodities r contractual services that arer proposal, the employeeill abide by the terms of the statement and will notify employer of any convictionor plea i( r nolo contenderet , any violation Chapterof 893 (FloridaStatutes) or of any controlledsubstance law of the United States or any state, for a violationoccurring in the workplaceno later than five ( ) days after such conviction. Imposes a sanctionr require is c participation in a drug abuse assistance or rehabilitation pro r if such is availablein the employee's community, or any employeeo is so convicted. good faithcontinue i idrug-freeIthrough implementation of this section. personAs the t ri sign , I certify that this firm complies Ily h abovethe requirements. .v roposer's Sigrialure t Page 26 of 29 Monroe County Engineering ie 1100 Simonton Stred,2-216 Key West,FL 33040 jt Management PUBLIC ENTITY CRIME STATEMENT "A personr affiliate who has been placedon the convictedor list following conviction for public entitycrime i i contract to pr i or services to a publici it a bid on e ipublic entity r the construction or repair of a publicbuilding r public work, may not submit bidsn leases of real property to public entity, r r perform workcontractor, supplier, subcontractor, or CONTRACTOR under a contracti lientity, may not transact businessi npublic i in excess of the threshold provided in SectionFlorida tut , for CATEGORY TWO for a periodof 36 months from the date of beingplaced vic vendor list." l ve read the above id state that neither I , ! 17, ( Proposer' ) nor any Affiliate has been daceon th con ' tad v do r ist within the last thirty-six ( )months. ( Ignature) Date: OF: STATE 1 - ubscribed and sworn to (or affirmed) before me on the _day of y c- (name of afflant). He/She is personally known_to Ise or has produced (type of identification) as identification. MYCOMM i fires: NOTARY PUBLIC KRISTAL NKOLE PEDROSO-GA BLE Notary Public-State of Florida Commission a GG 123079 ` y Comm.Expires)ul11,2021 Page 27 of 29 �Fy X BUILDING f �, gry31 _ CERTIFICATE OF COMPETENCY NOY This is to certify listed is in i I08/08/2017 This certificatei Expiration : 10/31119 competency is validin force Qualifier: unless revoked it the noted Company name: MCCOURT CONSTRUCTION INC expiration License . FENCE ERECTOR CONTRACTOR (spel + County license: 7 BUILDING FFICI .I U:\GDC\V91\MAR\PERMIT\COCRENEWED.doc—Printed Tuesday,August 08, 2017 MONROE COUNTY GROWTH MANAGEMENT i, i BUILDING DEPARTMENT CERTIFICATE OF COMPETENCY This is to certify that the contractor listed is in goodstanding. Issue date: 08108/2017 This certificate i Expiration t 1111 competency is valid and in force Qualifier: MCALPINE, unless revoked untilCONSTRUCTION expiration . License . I ( J license:County BUILDING ICI L RECEIPT . U:\GDC\V91\MAR\PERMI-F\COCRENEWED.doc—Printed Tuesday,August 08, 2017 BUILDINGMONROE COUNTY GROWTH MANAGEMENT 40, lczy CERTIFICATE This is to certify listed is in good standing. I08/08/2017 This certificateaccording Expiration . 10/31/19 competency is validQualifier: I I unless revoked it the noted CompanyCONSTRUCTION expiration License . 'PAINTING & DECORATING (SP21A license:County BUILDING FFICI L . . 00 U:\GDC\V91\MAR\PERIT\COCRENEWED.doc—Printed Tuesday,August 08, 2017 2018 / 2019 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2019 RECEIPT 30140-66223 C M0 (:--y Ov-le' N,If-no- MCALPINF DANIEL C PRES QUAL Business Location: MARAI HON, Ft. Mad-,-ig A&We,v,; 16 155 SW I 17 AVE SUI'I E 26 Business Phone: 30 5-2 5 5 0'-2 121 MIAM., FL. 33177 Business Type� CONT"!,ACTOR Employees COMP CARD: SP1963. 1964, 2077 -talty-w, T,t,, mw Years Per ti .......... 25.00 0.0o 0,00 0,00 Paid 000-17-00023195 0 7 10/2 018 25 .00 Danise D. Henriquez, CFC, Tax Collector I 1 J ""8 1 f "X' I PO Box 1129, Key West, FL 33041 MONROE COUNTY BUSINESS TAX RECEIPT P.0, Box 1129, Key West, FL 33041-11.29 EXPIRES SEPTEMBER 30, 2019 ffi..usjness Narne: MCCOUR-1 CONST INC RECEIPT# 30140-66223 M0 CTY Business Location: MARATHON, Fi- Ov,fne, Namp: YCALPINE DANIEL C PRES QUAL Ma I ng Addre,Is: Business Phone: 30-5-255,,-0 252 16155 SW 117 AVE SUITE 26 Business Type: CON'rRACTOR MIAMI, FL 33177 Employees COMP CARD: SP1963, 1964, 20') Penalty Pout years 25,00 25.00 O,OfS I 0. 061 Paid 000-17-00023195 0 7 10/2 018 25.00 2018 / 2019 M, NROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2,019 CONST 1NC L.11 0 C OiM DANIEL C PRES QUAt- Bus'ness HON 1, L.,'fir 17 AVE `.;QUITE 26 255 5-0 FL 33177 Businfns]'/ne� CON'�!""'(Jol_� Employees J ti COMP CARID� SFIP)h;3, 'WA; _),')77 Pr:o, Years 2 5 "0 2500 0.00 0J)a Paid 000-17­00023195 07/10/2018 25 . 00 A I A',,/ R i 1 ;11 Danise D. HenriqUez, CFC, Tax Collector Ib Is::; PO Box 1129, Key West, FL 33041 'YOU 11' 0s-, MONROE COUNTY BUSINESS TAX RECEIP"I" P.O. Box 1129, Key West, FL 33041-11_t_'; EXPIRES SEPTEMBER 30, 2019 lv,�1-1_01,)Rf CONST INC REC'EIFITli- 310140-662,} ' PI-N!, DANIEL C PRES QUAL c; Bus�nesq Phone: 30.5-21'; 02511 6 1 0/ 117 AVE SUITE 26 Business Type: CON,FRACTOL, -�3177 Employees SP1963, 1964, 20� pena'ty 1 Prior Years 5 01 0 G.5 0 0 Ji Mvl c_)' Paid 000-1 7-00023195 07/10/2018 25 .00 ADDITIONAL CONTRACT PROVISIONS I. Nondiscrimination/Equal Employment O ortunity. 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 taction 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 ITC 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 11, 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 11, 1 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. Page 1 of 9 (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 contractors 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. 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. Page 2 of 9 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. 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 or for a period of five (5) 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 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 Page 3 of 4 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 wiith 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 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 Fla. Stat., Sec. 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 Page 4 of 9 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 11 9.10, 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 WESTIONS REGARDING THE APPLICATION OF CHAPTER 11,9FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RE CORDS,---BRIA ADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN,@_MONROECOUNTY-FL.GOV,...,,_MONROE COUNTY ATTORNEY'S OFFICE., 1111 12 T11 Street, SUITE 408 KEY WEST FL 33040. V, Riaht 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 contractor's representatives. All records shall be kept for ten (10) years after Final Completion. FEDERAL REQUIRED 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 2 C.F.R., Appendix 11 to Part 200, as amended, including but not limited to: I. Clean Air Act (42 U.S.C. P,-F,,7401-7671g.J and the Federal Water Pollution Control Act (33 U.S.C, §§1251-13871as-,,amended. 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 Page 5 of 9 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, Davis-BaconAct, 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 g3146-3148) 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 FEIVIA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback"Act(401 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 s,ubrecipient 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.P. 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 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.P. § 5.12. Contract Work Hours and Safety Standards Act (40 U S.0 §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) Page 6 of 9 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. ffig.hts to Inventions Made Under a Contract or Aare meat 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 s,ubrecipient 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 j_2689). 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. VL Byrd Anti-Lobbvi no Amendment-,(3] 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. 'SIB. Compliance with Procurement of Recovered Materials as set forth inL2L 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; (j) Competitively within a timeframe providing for compliance with the contract performance schedule; (1i) Meeting contract performance requirements; or (iii) At a reasonable price, (2) Page 7 of 9 Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, ment- uideline-c - ro ram, OTHER FEDERAL AND FEMA REQUIREMENTI. S 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. Disadvanta ed Business Enter rise I BE Policy and -Q L Ii ation. It is the policy of the_q_ COUNTY that DBEs, 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 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 21 - CONTRACTING 'KITH 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 wnh9eDn2eyv9eLp2aAjLLe. b. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ij. 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, Aa-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. 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, Page 8 of 9 IV. 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 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, V. 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. VI. 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. VlJr 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: Ott :/, .rrionraecoaunfiy-floc ent Vill. 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. Contractor: cCourt Construction Proposer Signature Page 9 of 9 "Genieral Dec is Nfumbe:r : FL20200022 05/1'E/4'020 Superseded General- Decislon Numbe-r: ET,201900221 S t e : IFI I d a Type : Bu-il -Min Count-y: lvlonroe Coul-j! y �Ln, Florir-la. BUILD-ING COS STRUCTION PRC-"JECITS (does riot J..nclude sinalLe fam. ij,y homes or apartmen--Ls UIP to and inc.Iudinq 4 stories) Note: Under. Execu ve Order, (EO) 13658, an hol��rly minim�im wage of �or --aiendar year �2. 020 applies -o al contracts subject Da vi s-Bacon, Act fox.. whiCh II--he cont ra c'L-" 1.s awa rdeld, i a nd any SOIJ.citat.j-Orl was issued) on or after January .11, 2011-5 . if tInL' s c)nt:ract d.s covered by the Do, contractor T cj.uE--,- pay all workers any C,-] Fissifival ` O-cl listed on this wage deLerminaLiCln a- least J-0 - 80 per houl- (o he. appl,ilcabie wage rate J. ,,-. K—steld on thi.s wage e r inatiOrl, if - t is higher' for all hours spent performing on th-e conl[ra L in --:al-en-,-far year 2020 , if this contract is covered by '-he 11"0 and a class-Lification ConsicR,.?rec..-i necessary for performance of work on -,the contract clues appear on 't-his wage determination, the ccn-tractor mi,Isil- Pay workers in that classifi-ratio n at least the wage ral'-'C. det-ermi-ined throucj'-i the ccjnfo=,:m.ce process set forth 11 29 CFR 5 -5 (a) (-I ) (ii. ) (or t)" C-` u o r ' -, iI E Js higher than the cont-ormed 'viage The LEO min I Lmum wage rate w Ll-1 1--,e a,Jjustee annually. pi j.ease note that this EO appi -i L-s to the above- mentioned types of contracts entered Ji-rito by the federal goverrumen, thaf- are subject "iDo 'he Davis-Bacon Act 'i -self, bud it does naL n apply to cont-racts subje-t only to the Davis-Bacon Reiated Acts, those set f at 29 CFR 5 . I (a) 2) - ( 60 Add.i Liona , - -riformar-ion on contractor requirements and worker pl-Otec-tions under. the EO is a ,7ai-lable at wwwdo.t - gov./whcd/govconT-Y-ac+k.-s . ] 4 0(1 a o n N un-�-,e r Pub 'Cation Da'Le 0 �')1/03/2.020 Eh E r,-'O 3 4 9-C)0"3, CS)"/02,' 2 0 1 9 Rates Fringes R T C I A,N. . . . . . . . . . . . . . . . . . . . . $ 35 . '36 1 T7 ------------------------- ---------- ----------------------- '-'NIGT0'4S`/-OO4 C-17/01/-2,'013 J Page I of 6 ��te's Fciugea OPFI.]RAIOB: Crane All Cranes Over I5 Ton Capacity. . . . ' . ^ . . . . . ^ . . . . . . . $ 29 . 001 8 . 80 Yard Crane, BydrauIio Czamc, Capacity 15 Torj and Dodez. . . . . . . ^ . . . . . . , . . . . . . . . 22 . 00 8 . 80 ------------------------------_____________________________ ZRO0O272-004 lO/OI/2OI3 �zioqeo ZRONWORKER, STDOCTDRA� AND BEZ0FDBCZ3G` - ~ ^ ^ ^ , ' . . . . . . . . . . . . . . S 25 . 48 ll . 89 -------------------------------- ----------------------_______ PAZ0U3,615-0O4 08/01/201L9 T at�o Fringes PAINTER: Brush Ooly. . . . ^ . . . . . . . . 20 . 2I II , 28 ___________________________________________________________ � 3F F LUB2I-0OI OI/0l/2O20 Rates Fringes SP IP,Z0BZE R F, ZTT EB i�e okIers) . . . . . . . . , . . . $ 29. 18 19 . 75 ________________________________________________________ 8B 0O32-003 l2- /0l/20l3 Dates Fringes S8��TMFTATl WORIK]"B (8VAC Duct 1nstuIlatioo) . . ' . . . , . ' . ^ ^ , . . . . ^ . . $ 23 . 50 12 . 18 ----------------------------------------------------------- SDFI2009-O59 05/22/2009 Rates Fringes CA'-,--,'P E0 Efl. . . . . . - . . . - , ^ . . . . . . . . . . ^ l5 . 08 S . O7 CEM,'E07 lvL/ASDN/CDNLCRF,-E- FZ0I�BED. 12 . 45 O , OU �E0(�'3 E R ECTO R. . . . ^ . . , . ^ . . . . . . . . . . 9 . 94 0 . 00 LABODER: Comuzn or Geoezal . . - . . . � 8 . 62 O . 00 IABDRER: PipeIayer . . . ^ . . . . . . . . . . $ 10 . 45 0 . 00 uPE- EF%A'-Fc)i'- - Backhoe/Exca vat or. . . . . $ 16 . 98 0 . 00 OPEPAI'OR: Paver Asp h c:i J1. 'I-- Auaregate, and Concrete) . . . . . . . . . 8 9 , 58 0 . 00 0 P EP A R _:,Ump — . . . — . . . . . . . . . . $ 1 0 L 0, 00 PAINTER: Rolle- and Sp-ray. . . . . . . $ jj . ?j 0 . 00 }-'LUMBER. . . . . . . . . . . . . . . . . . . . . . . . $ 12 , w'7 3 . 33 R 01 0 FE P. Bulit UP, l.,ompos ion, Hot Tar ;:-ind s-' 1.1'19ik� Ply . . . . . $ 14 . 3-3 SI-H-l"ET METAL WORKER, Excl-tides HVAC Duct Install $ 14 . 41 1 . 61 TRUCK DRIVER, TntielUdes Dump and 10 Yard Haul. Away. . . . . . . $ 8 , C)o 0 . is ----------------------- ------------ --------------! f - Rece.jtve Late prescr.."Lbed f(-.,r craft oerforming e r a t-,Lon ito W�iich welding is incidental . N 1 )- . Execiirive Order (EO) 3'706 Fs't a h-I s h i n g P a i Si,ck Leave f o r Feder,al. (--'ontractors appl,'Jes to all contracts subject to Lne Davi Bacon Act for wh].c.ri tne. — contrcict is awarded (and any solicitati0l'i was issued) --I! or ;.Ifi,--er Jan).j.ar,,u 1-1 , 201'7 . If this contract covered bv the EO, the contractor mj.rst pro-,7--Lde employees with I hour ol` -paid s.--I'.ck leave for every 30 hours they work, l-ip to 56, ours r pai-d sick 1, eave each year. Employees musl-- be permitted 1C o ...ise paid- sic,< leave for their own 111ness, in-ji-,,ry or other heallt h— related needs, inc"Lu,-Jinq, preventive (-,are; farr.11y memb%er 'o assIst. a person who is 1-Ll�e fard.lv to the emp.loyee) wl ko is -nj u r e has other hea- -h-reiated nee(ls, including preventive care; ., r for reasons resulting from, or tLo ass �st i family m ember (".)r leis' o n I who is .1like fami.1y to the err�qioyee) who is a victilrl Of, domest�",-- V sextlal- assault, or stalkinq . Additicnal informatioy� Ori a re,11--ieme--r-rits and worker Protections under the EO IS , cA Y a wt4w.fro l , qov/�,1,hd/govc,,-)rlti,-acts , ClLl--si f-J c-at ions for work not- inc.luded w-l.th.=Ln the sC-Ope of Lhe cl--assJ-fica-t.jons IJ..sted, may be added after award oniv as provided in the la r st:andards -Contract. clauses (29cFp. 5 . 5 (a- i Page 3 of 6 --------------------- ------------------ ------------------ The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited. type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of identifiers"" zhat indicate whether the particular rate is a union rate (current union negotiared rate for local ) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate identifiers A. four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than or MAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example : PLUMO198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union, number or district council number where applicable, i . e . , Plumbers local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotia7ed rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the colLective bargaining agreement (CBA) governing this classification and rate . Survey Rate Identifiers Classifications listed under the ""W" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union Yates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates , LA indicates the State of Louisiana . 2012 is the year of survey an which these classifications and rates are based . The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier . Fags 4 of 6 SI_Ir-,,. y w�--Ige rates Fare riot UPdated and rema 11 n j,_n effei-t Lan',.il, a new survey li's conducted, Union Average RaLe IdenLiflers Class ification (s', listed ander the UAVG` iderjt-�f er n, c t L _L that no si.rlqle maJority rate prevailed for those classifications; 1,,Dwever, of the data reported for the C" lassifical-ions was union data, EXAMP-IE : UAVG-OH-0010 08/29/2014 . 1 i_JAVG­ indicates thla+E t_-.he rate is a wej.ght.--.ed union average' rate . OH J,ndi,_-ares tine ST-a " e . The next number, 0010 in the example, Js an number used in produ(-.'ing the wage determination. .1 - t '18/129/2014 indicates the survey completion date for the 1 a s S_JfJ_ca+[J_or-_s arid rates under `hat ident-Ifier. , AV,---' rate v,­' 11, -i e updted once a year, llsuca.' Iy in January off each I o - i. year, to reflect a weighte(JI a-v-erage of Lthe current ne clot i-it ed/-BA- rate of the union locals from whIJI-cli the rate is based'. ------------------------- ------ ------ WAGE DETERM T NATION A-PPEALS PPOCEss L 1 . ) Has there been an ini"Aal- decision in the inatt,er? This can be : an ex-isting blis'ned,I j p U wage determination a sur-,zey underlying a wage deterri-,ination a Wage and Hour on letter setting forth a positAon on a wage determination matter ZA conformance (add.Jlt.-Loneil Ci-Lassi f-L' cation rind rate) -rul-ing 01-1 SII1­,/ey relcEted mattleEs, J_nitial contact, including requests for stim-T,arles of survey h s, sould be with the Waue and Hour ReqI-onal for the area in which the survey was conducted because those Of Fices h-,-Ive responFS-lbi_IiL:y for the DavJi-s-Bacon survey. proa-La'l1. a �Jhe- ­1 ponse from this L14 EE,S �4 -L-Lal contact is not sat" sfactory, then 'Che process desCrJhed in 2 . ) and 3 . ) should be 0 1!owed. With regaid, to any ol her miat-IC-'er not yeI[ ripe for tJ e folritia` proc,ess des Cr..".bed here, initial (,.0-Itd-t Qr b be wi.tIll the B r a n h rat Co ns,t r u JL o n W a q e D e,I--e r m 11 i a t i o r 3 Write to Branch of Construction Wage IDeter m i n.a ti.onr Waqe and Ho-ur Divisicn U . S . DepacrLment of Labor 200 Ccn st-Ltul--ion Avenue, N. W. Washingi.--on, DC 2021_0 Page 5 of 6 2 . ) Tf an&wer to the question in I is yes, then an interest ed party /those dffecfe-d by the action) can reque�,st revLew and recorsid(-,rat-ion from the Viage and Hour Administrator pa.r,t, 1 . 13 and 29 C,FR r-art 7 i Write to: Wage arid Hour Administrator U. S . Department of Labor W a s IhJ n q t rO n DC 0 2 10 rl,he reques,,11-, shou.] d be accompan-JeCi by a full., statement of the iriteresLeci party' s :)osj-Li(-.)T- and by any informat.ion 0,iaqe payment datcl, pro-ject n, a descripl--ic --e c t a praice maLerial, etc . ) LhaF the ) requl-stor considers re1evant to the issI,,e . 3 . ) it t'Fie decision of the Achaff in.J.. tratolr is not fair-orable, an Interested party may appeal -i ; -ect!Y to the Administ rat ive Review Board (formerly thi,,� Wage Appeals Board) . Write to: Adm-in -ve Review Board U. S . Department of Labor 200 COnst-ItEl-2tion Avenue, N.W. Wash-1, r1q4L-can, DC" 220210 4 . ) All 111 Cj'e—' sions by i Yie A(Iministrat.Ive Review Board are Final p END Of GENFRA.11 DECISTON11 Contractor: MCCOUrt Construction, Inc. IL Pro poser Signatrue Page 6 of 6 A ® DATE(MM2 Y) CERTIFICATE OF LIABILITY INSURANCE o7loz/z020o2o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER NA)NTPCTGladys Rodriguez Ellie Miffs Insurance Agency Inc. P"�"o Ext:305-238-8688 AC No,305-238-8608 StateFarm 20330 Old Cutler Road E-MAIL ADDRESS: ladys@gotmius.com A+ Cutler Bay, FL 33189 INSURER(S)AFFORDING COVERAGE NAICM e�� INSURER A State Farm Mutual Automobile Insurance Company 25178 INSURED McCourt Construction Inc INSURERB: 16155 SW 117th Ave Ste 626 INSURER C: Miami, FL 33177-1617 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. ILTR TYPE OF INSURANCE A L POLICY NUMBER MMIDDYIYYYY MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ EN E CLAIMS-MADE FOCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑JECT LOC PRODUCTS-COMPIOPAGG $ OTHER: $ A AUTOMOBILE LIABILITY Y E58 9065 F19 59 06/19/2020 12/19/2020 EOa acc i.n SINGLE LIMIT $ 1,000.000 ANY AUTO G71 8521 F30 59 06130/2020 12130/2020 BODILY INJURY]Per person] $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS E46 4837-F02-59 06/02/2020 12/02/2020 NON-OWNED PROPERTY DAMAGE~ $ HIRED AUTOS AUTOS Peracciden! UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEO I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNERfEXECUTIVE ❑ N f A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NHJ E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUT RIZED REPRESENTATIVE 1988-2014 CORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 i DATE Y) ACCMEP CERTIFICATE 4F LIABILITY INSURANCE o7ro212020z�za2o 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 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 NAME:CONTACT Rodriguez Ellie Mills Insurance Agency Inc. PHONE.,at.305-238-8688 Luc Na,305-238-8608 Statefarm 20330 Old Cutler Road E-MAIL lads Otmills.Cbm ADDRESS:g y @g Cutler Bay, FL 33189 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA;State Farm Mutual Automobile Insurance Company 25178 INSURED McCourt Construction Inc INSURERB: 16155 SW 117th Ave Ste B26 INSURER c: Miami, FL 33177-1617 INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 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. 1NSR TYPE OF INSURANCE A POLICY NUMBER MM/DD1YYYY MMID�IYYri LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE F71 OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ JECT POLICY❑PRO ❑LOC PRODUCTS-COMPlOPAGO $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A Y G97 76$5 B31 59 02I2912020 OBl3112020 Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HAEDAUTOS Ix AUTOS Peraccideni UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Yf STATUTE ERA l ANY PROPRIETOR/PARTNERIEXECUTIVE E.L,EACH ACCIDENT $ ❑N OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES(ACORD 107,Additional Remarks Schedule,may be attached if more space Is required) i CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 88-2014 ACORD CORPGRATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered ma s of ACORD 1001486 132849.9 02-04-2014