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08/01/2020 Agreement Monroe County Purchasingolie and Procedures ure ATTACHMENT COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Key'West'2016,`LLC.. Contract# Effective Date: August` 1 2020 Expiration Date: November 30, 2021 Contract Purpose/Description: This standby contract is to ensure ava_ilabil" of usin for erne en res nders Burin humcanes or other emergence events Jeff Mannin Contract is Original Agreement Contract Manager: Jeff Manning:._ 6325 EMG#14 (Name) (Ext.) (Department/Stop#) CONTRACT COSTS , 1 Total Dollar Value of Contract: $ Current Year Portion: $ ;, t (must he less than S50.000 t ` s}StE4 z{ins i�ts�apt 4frsy v 'itz f�Sttt r i S � � i�i�� �i 1� l iY � Of multiyear agCCIRQIIt vied ilshi S�( s i 6 requires BOCC approval.unless the tutw Cumdafive flmoumt a3 less than Budgeted?Yes❑ No ] Account Codes: Grant: $ _- County Match: $ _- ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Not included in dollar value above e. .maintenance,utilities 'anitoril salaries etc. CONTRACT REVIEW Changes Date In Needed Reviewer Date In Department Head Yes[:]No❑✓ 08/1/2020 County Attorney Yes[:]Noo 8/3/20 Risk Management Yesao❑ ea Julie Cuneo p.20200803 O.M.B./Purchasing YeCNo© 16 3348 Comments: Revised BOCC 31 12020 Page 74 of 92 AGREEMENT FOR LODGING ACCOMODATIONS MONROE COUNTY and Key West 2016, LLC THIS AGREEMENT,is made and entered into by and between Key-West 2016, LLC,a hotel d.b.a Ocean's Ede Resort and Marina, authorized to do business in the State of Florida, (hereinafter referred to as "Hotel", and Monroe County Board of County Commissioners(BOCC),a political subdivision of the State of Florida,(hereinafter referred to as "County"). WHEREAS, in the event of an emergency or major disaster, including but not limited to storms, natural and man-made disasters, acts of terrorism or other declared State of Emergency,the County will need to rent lodging accommodations for its emergency workers, including Monroe County employees and other authorized personnel when in the County performing essential work in order to be able to provide County services and to support response and recovery efforts, and WHEREAS, these emergency workers will be working throughout Monroe County and in or near the County Emergency Operations Center in Marathon, Florida, and therefore accommodations are expected to be required throughout Monroe County in order to restore and provide County services and provide the necessary response and recovery services; and WHEREAS, Ocean' E e R rt n M 'n is a h t l that operates in Key West and elsewhere in the Florida Keys, manages 175 units in Monroe County, and has made the units under its management available during previous emergencies or major disasters, and/or is willing to make its units available in the future should the County need rooms for its emergency workers in the event of an emergency or major disaster. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereby agree as follows: 1.0 PAcrintion of Goods/Services. Hotel will provide accommodation (lodging) for County employees and for authorized County contractors/personnel in two groups/phases for disasters. The first group will consist of County emergency workers designated to remain in-County during an incident. The second group will consist of County employees called back to work in the County to perform essential work in order to provide County services,including response and recovery services post-incident. Lodging can reasonably be expected to begin one (1) week before an incident and will continue for an indeterminate period of time as needed to perform and provide County Services. Non-congregate sheltering may coincide during times of a disaster when it is also required to maintain social distance due to a pandemic. in the event a local state of emergency is declared, the parties shall enter into an addendum setting forth categories of authorized personnel groups/phases for whom the accommodations will be provided- L 2..0 Designated Point of Contact. Hotel and the County will each provide a Designated Point of Contact and shall provide each other with all communication methods. The County Point of Contact will liaise with the Designated Point of Contact for Hotel, to provide a list of room needs and room assignments. Both Designated Points of Contact will work with each other to resolve any issues that arise, 3,0 Term, This Agreement is effective from August I'`, 2020 through November 30a', 2021 ("Initial Term''). At the end of the Initial Term,this Agreement can be renewed in writing For additional periods("Renewal Terms")of one(1)year each,subject to the mutual agreement of the parties Monroe County`s performance and obligation to pay under this contract js contingent upon an annual appropriation by the BOCC. 4..0 Fees. Invoices. a) All Hotel rooms will be billed at$129.00 per night(Room/Unit Charge). b) No parking fee will be charged. c) Any personal expenses above and beyond the Room/Unit Charge that are incurred by individual guests (e.g., phone charges, meals) are the strict responsibility of the individual guest and must be paid for by the individual guest. Hotel may request a personal credit card from guests upon check-in, which shall be used to pay for individual charges. The County will only pay for rooms that are utilized, up to the Room/Unit Charge. d) All Room/Unit Charges will be paid for by the County upon presentation of an invoice, in accordance with the Florida Local Government Prompt Payment Act. The invoices must be delivered to Monroe County Budget and Finance Department 1100 Simonton St., Suite 2-213 Key West,FL 33040 Attn: Purchasing and also e-mailed to OMB-Purchasin_g�a,, MvnroeCountyfl.gov Subject: EOC Invoice for Procurement Unit Hotel shall submit to County invoices with supporting documentation acceptable to the Clerk. Each invoice must list the rooms covered in the invoice, dates of service, the name of the person assigned to the room, and the Room/Unit Charge. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. e) The County is exempt from sales and use taxes_ A copy of the tax exemption certificate will be provided upon request. f) Hotel and County Designated Points of Contact shall mutually agree upon a maximum check-out date. Guests who wish to extend their stay at the Hotel may do so at Hotel's discretion and the guest's financial resources,and at the Room/Unit Charge established 2 by Hotel. g) The maximum amount that can be charged under this Contract is $49,999,99, h) Both parties understand that during an emergency or major disaster,the usual services and amenities available at the unit may not be available, including power, water, wastewater, food, and internet. Therefore, this Agreement covers use of the unit, without any expectation of the other amenities, However, _Key West 2016, LLC, will use its best efforts to provide the amenities as possible, 5.0 Miscellaneous. 5.1 Assignments Neither party may assign (voluntarily, by operation of law, or otherwise) this Agreement (or any rights or obligations contained herein) without the prior written consent of the other party, whose consent shall not be unreasonably withheld. Any permitted assignee shall assume all obligations of its assignor under this Agreement. Any purported assignment or transfer in violation of this section shall be void. 5.2 Entire Agreement, This Agreement is the entire agreement between the parties. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the subject matter covered by this Agreement. The terms and conditions of this Agreement can only be modified via a written agreement signed by all parties, 5.3 CgupteEpaM. This Agreement may be executed by the parties in separate counterparts each of which when so, executed and delivered shall be an original, but all such counterparts together shall constitute but one and the same instrument. 5.4 Muces., Any notice, communication or payment required under this Agreement shall be addressed as follows: coun Contractor: Monroe County BOCC Key West 2016,LLC 1100 Simonton Street _d.b.a Ocean's Edge Resort and Marina Key West,FL 33040 Attn: Roman Gastesi, County Administrator Attn: Thomas Elwood. General Manager, 786-862-6322 With a copy to: Attn: 5.5 _Authority. Each party represents to the other that execution,delivery,and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 5.6 Federal and State Required, Public Records, and Scrutinized Business Contract Clauses. The clauses included in Attachment A are hereby incorporated in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date set 3 forth below. The parties hereby agree and consent to the terms and conditions of the Agreement and acknowledge such by executing the Agreement below. Executed by: Monroe County BOCC Accepted By: tr p �," f li aMix) Signature: Signatures Jhavyt t Printed Printed Name: Name: Title: County Administrator Title: ' ' Date Date Si ed x gn Signed: - --._.--- Address: 1100 Simonton Street Address: KeY West,FL 33040 Email: Gastesi-roman@monroecounty- Email: fl.goy OJ 4 ATTACHMENT A FEDERAL,STATE, PUBLIC RECORDS AND SCRUTINIZED BUSINESS CONTRACT CLAUSES 1.0 Provisions Required-by Federal Law,2 CFR part 200. 1.1 Termination: 1.1.1 Termination for Convenience: The COUNTY may tenninate this Agreement for convenience,at any time,upon sixty(60)days written notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract, The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. Either party may cancel this Agreement without cause upon sixty (60) days' written notice of its intention to do so to the other party; however, this provision may not be exercised during hurricane season (June I to November 30) unless both parties mutually agree to terminate. In the event of termination,the County shall owe for all goods and services delivered prior to the date of termination. 1.1.2 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided.In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause, If the COUNTY terminates this agreement with the CONTRACTOR., COUNTY shall pay CONTRACTOR the sum due to the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. In the event that the CONTRACTOR shall be found to be negligent in any 5 aspect of service, the COUNTY shall have the right to terminate this agreement after five(5)days written notification to the CONTRACTOR. 1.2 Equal Em to ment 02nom—Wity,No Discrimination Provisions: CONTRACTOR and COUNTY agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without xiy further action on the part of any party, effective the date of the court order CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes,and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to- 1)Title Vll of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2)Title IX of the Education Amendment of 1972 as amended(20 USC ss.. 1681-1683,and 1685-1686), which prohibits discrimination on the basis of sex;3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s, 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975,as amended(42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91-616),as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public Health Service Act of 1912,ss. 523 and 527(42 USC ss.690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VM 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 H, 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 lsqual 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,¶C, agrees as follows: I) 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 6 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 Nell receive consideration for employment without regard to race, color, religion, sex, sexual orientation,gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order If 246 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 7 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 Govemment 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 (I) and the provisions of paragraphs (1) through (7) lilt every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States, 1.3 OTHER FEDERAL CONTRACT RE U1IREENTS Hotel and its subcontractors must follow the provisions,as applicable,as set forth in Appendix 11 to 1 C.F.R. Part 200, as amended,including but not limited to: A. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs,all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704,as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction-work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. B. Riahts to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the 8 recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or perfbrmance of experimental,developmental,or research work under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency- C Clean Air Act(42 U.S.0 7401-7671n.) and the Federal Water Pollution Control Act(33 U.S C. 1251-1387). Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C, §§7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. §§1251-1387)and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA)=The Clean Air Act(42 U.S.C. 7401-7671q.)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 S150,000. D. Debarment and Sus sion Executive Orders 12549 and 12689 A contract award(see 2 CFR 180.220)must not be made to parties listed on the govemmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p, 189)and 12689(3 CFR part 1989 Comp.,p. 235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. E. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)--Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non- Federal award. F. Compliance with Procurement of recovered materials as set forth in,2 CFR 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended,by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 9 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. G Americans with Disabilities Act of 1990, as amended ADA)m.-The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. H- Disadvantaged Business Ente ri e DBE Poligy and Obli atop-It is the policy of the COUNTY that DBE's,as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard,all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color,national origin or sex in the award and performance of contracts,entered pursuant to this Agreement. 2 C.F.R. &200.321 CONTRACTINQ WITH SMALL AND MINORITY BUSINESSES.WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS - a. If the CONTRACTOR,with the funds authorized by this Agreement,seeks to subcontract goods or services,then,in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible_into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits which encourage participation by small and minority 10 businesses,and women's business enterprises; (5) Using the services and assistance,as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring.the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through (5)of this section. I. - eri -The Contractor shall utilize the U.S. Department of Homeland Security's -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. I Access to Records-Contractor and their successors,transferees, assignees,and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security(DHS)and the Federal Emergency Management Agency's(FEMA)access to records, accounts, documents, information, facilities,and staff. Contractors must; 1. cooperate with any compliance review or complaint investigation conducted by DHS,2. Give DHS access to and the right to examine and copy records,accounts, and other 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, 3. Submit timely, complete,and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. K. DHS Seal, Logo and Flames- Contractor shall not use the Department of Homeland Security seal(s), logos,crests,or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. L. _Changes to Contract-The Contractor understands and agrees that any cost resulting from a change or modification, change order,or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. M. Maintenance of Records CONTRACTOR shall maintain all books,records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of five years from I the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec, 55.03,of the Florida Statutes, running from the date the monies were paid by the COUNTY. 1A Florida Divisi n of EmeiXency Mana em nt Requirements: A. The Contractor is bound by any terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management. B. The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement,to the extent allowed and required by law. 1.5 Florida Public Records Requirements: Pursuant to F.S. 119.0701 and the terms and conditions of this contract,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 Iaw for the duration of the contract term and following completion of the contract if the Hotel 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 Hotel or keep and maintain public records that would be required by the County to perform the service: If the Hotel transfers all public records to the County upon completion of the contract, the Hotel shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. if the Hotel keeps and maintains public records upon completion of the contract, the Hotel shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County,upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. 12 (5) A request to inspect or copy public records relating to a County contract must be made directly to the County,but if the County does not possess the requested records, the County shall immediately notify the Hotel of the request,and the Hotel must provide the records to the County or allow the records to be inspected or copied within a reasonable time, if the Hotel 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 Hotel. A Hotel who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119,10, Florida Statutes, The Hotel shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT PHONE#305-292-3470 B LEY- RIAN N F MONROE COUNTY AO Y'S OFFICE 1111 12TH Street,SUITE 408,KEY WEST,FL 33040. 1.6 Scrutinixed Businesses: For Contracts of any amount,if the County determines that the Contractor has submitted a false certification under Section 287,135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287,135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 1.7 Required Cduoty Forms: A. Public.Entity Crime Statement. In accordance with F.S_ 287.133, A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity, may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor lists 13 B. Ethics Clause. In accordance with Section 5 (b)Monroe County Ordinance No- 010- 1990 Contractor warrants that it had not employed,retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. C, Non-Collusion Statement: The contractor shall provide the non-collusion certification. D Qru&Free Work2lace: The contractor shall include an executed"Drug Free Workplace"form. 14 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list.m I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list witilin the last 36months. 011-- NA/ (Signature) 7 bolb Date: STATE OF: harld�q COUNTY OP. Subscribed and sworn to(or affirmed) before me, by means of,Nhysical presence or❑ online Sir July,(tip,!, notarization, on 3k (date) by `thz was T- 1 anod (name of affiant). He/She is rsonally known me or has produced (type of identification) as identification. NOTARY PUBLI s.ra Rrguiar NOTARYPUBUC My Commission Expires. t0 STATE OF FLOFUDA C Ta*OCAM14 Explm 10►51202a 1 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE a r (Company) "...warrants that herd has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No, 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No- 010-1990, For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also,in its discretion,deduct from the Agreement or purchase price,or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee_" (Signature) Date: STATE OF: Ort Ck COUNTY OF: YV_$MCQQ, Subscribed and sworn to(or affirmed) before me, by means ofl*hysical presence or❑ online notarization, on *2nO (date)by —S-Qm0tS E;ktijXX-j:A (name of affiant). He/She is ovally known a or has produced (type of identification)as identification. NOTARY PUBLIC NOTA UBLI 'r STATE OF FLORIDA • CA= QG03&H4 My Commission Expires: __ (T I-OZZ Exp1m 10/5/2020 1 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of penury,,depose and say that a. I am t of the firm of making the Proposal forthe proiect desc d herein and that I executed the said proposal with full authority to do so ba the prices in this bid/proposati'offer have been arrived at independently without collusion,consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/respondent or with any competitor, C. unless otherwise required by law,the prices which have been quoted in this bidtpmposaVoffer and(if applicable) have not been knowingly disclosed by the bidder/respondent and will not knowingly be disclosed by the bidder/proposal prior to bid opening, directly or indirectly,to any other bidder/respondent or to any competitor, and d. no attempt has been made or will be made by the bidder/respondent to induce any other person, partnership or corporation to submit, or not to submit, a bid/proposal for the purpose of restricting competition; a. the statements contained in this affidavit are tnie and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said M/W (Signature) f Date: ! STATE OF: %04—tC�OC COUNTY OF: Subscribed and swom to (or affirmed) before me, by means of Nhysical presence or❑ online notarization, o Tfr �27 date) by `(4��Mcks 1=luk-- c% (name of aftiant). He/She is ersonally kno to me or has produced (type of identification)as identification. IBM FWWW WTARY PUBLIC STATE OF FLORIDA N TA UBLIC Con mo 000=14 Explm 10/512020 My Commission Expires: Q 0 17 DRUG-FREE WORKPLACE FORM I The undersigned vendor in ac ordance with Florida Statute 287-08 hereby certifies that: euAaC' (Name of usiness) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2. Inform employees about the dangers of drug abuse in the workplace, the business'policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3_ Give each employee engaged in providingythe commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that is firm complies full with the above requirements. (Signature) Date. Z STATE OF or",C�Ct COUNTY OF: ELVD .f� ' Subscribed and swom to(or affirmed) before me, by mearts of R�hysical presence or O online notarization, on� EZ M_C(date) by Jn w\QS n WOOD( (name of affiant). He/She is pe onally kno to me or has produced (type of identification) as identification. NOTARY PUBLIC NO F°��TARY PUBLIC �a My Commission Expires: NO STATE OF RDRIDA l . Coy"d(3=14 Explme 101512020