Item C13 C.13'
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe r�l Mayor Heather Carruthers,District 3
Keys Mayor
The Florida � - Mayor Pro Tem Michelle Coldiron,District 2
'` �ql
l €d� Craig Cates,District 1
\J? V,
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
August 19, 2020
Agenda Item Number: C.13
Agenda Item Summary #7156
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549
None
AGENDA ITEM WORDING: Approval of First Amendment to Agreement with Advance Water
Technology, Corp. to renew the Chemical Water Testing and Treatment Services contract for the
first renewal of one (1) year, to remove a location, to update certain contract provisions, and add
Federal required provisions. The new monthly payment amount is $1,328.00. Funding is Ad
Valorem.
ITEM BACKGROUND: On September 16, 2015, the BOCC approved a Bid Award Agreement
with Advance Water Technology, Corp. for Chemical Water Treatment and Testing Services in
certain Monroe County buildings. There was an initial five (5)year term beginning October 1, 2015,
which terminates on September 10, 2020. This First Amendment seeks approval to exercise the first
of five (5) optional one (1) year renewals. This renewal term would begin on September 11, 2020,
and terminate on September 10, 2021. The Agreement provides for monthly water treatment
services at nine (9) locations. Paragraph 5.D. of the Agreement is being revised to eliminate the
services at the Key West Library, which will reduce the monthly payment amount by $33.00. The
contract monthly amount will thus be reduced from $1,361.00 to the new monthly payment of
$1,328.00.
This Amendment also updates certain contract provisions, including but not limited to, public
records compliance, non-discrimination clause, maintenance of records, and notice requirements.
There are certain Federal required contract provisions that have also been incorporated to bring this
Contract into compliance.
The Contract amount may be adjusted annually in accordance with percentage change in the U.S.
Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by
the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31
of the previous year. The CPI-U on December 31, 2019 was 2.3%. Due to COVID-19 loss of
County revenue, however, staff will not be seeking a CPI-U increase for this year.
PREVIOUS RELEVANT BOCC ACTION:
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C.13'
September 16, 2015 BOCC approved a Bid Award Agreement for Chemical Water Treatment
and Testing Services in Monroe County with Advance Water Technology,
Corp.
CONTRACT/AGREEMENT CHANGES:
First Amendment for Chemical Water Treatment& Testing Services, First optional 1 year renewal
and to add other contract provisions.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
09162015 Original Agreement—Advance Water Technology
REVISED First Amendment to Agreement(Advance Water) 8-19-2020 (executed and legal
stamped) 8 1120
08-07-2020 Vendor Certification Regarding Scrutinized Companies List- Monroe Cty (8 11 20)
FINANCIAL IMPACT:
Effective Date: 9/11/2020
Expiration Date: 09/10/2021
Total Dollar Value of Contract: $35,936.00/year
Total Cost to County: $35,936.00 plus CPI-U adjustments
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: Ad Valorem
CPI: Yes
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: Yes
Additional Details: Five (5)year agreement with five (5) optional one-year renewals. The contract
amount may be adjusted annually with a CPI-U adjustment. Due to COVID-19 loss of revenue, this
Amendment does not include a CPI-U increase of 2.3%. This First Amendment will exercise the
first of five (5) optional one (1)year renewals. The Amendment also removes a location and thus
reduces the monthly payment amount by $33.00. Other required contract provisions are also added
and/or updated. As provided for in the RFP agreement additional services shall not exceed
$25,000.00 per year unless pre-approved emergency work requiring additional funds is
implemented.
None
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C.13'
09/11/20 147-20503 - UNINC PARKS & BEACHES $0.00
09/11/20 101-20505 - CORRECTION FACILITIES $19,180.00
09/11/20 001-20501 - FACILITIES MAINTENANCE $16,756.00
Total: $35,936.00
REVIEWED BY:
Patricia Eables Completed 08/04/2020 4:04 PM
William DeSantis Completed 08/04/2020 4:54 PM
Purchasing Completed 08/04/2020 5:05 PM
Budget and Finance Completed 08/04/2020 5:08 PM
Maria Slavik Completed 08/04/2020 5:25 PM
Kathy Peters Completed 08/04/2020 5:30 PM
Board of County Commissioners Pending 08/19/2020 9:00 AM
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C.13.a
0
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY,FLORIDA
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0
DATE: October 23, 2015
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TO: Kevin Wilson
Director of Public Works and Engineering °®
ATTN: Giselle Lopez/Bob Stone
FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller o
At the September 16, 2015 Board of County Commissioner's meeting the Board granted approval and o
execution of Items:
0
C40 A License Agreement with the Key Largo Merchants Association, Inc. to hold the Key Largo
Stone Crab & Seafood Festival at Rowell's Marina on January 30 to January 31, 2016. The
county will receive five (5)percent of the cumulative gross revenues for the event.
0
0
VC41 Contract with Advanced Water Technology, Corp. for "Chemical Water Treatment and Testing
Services".
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0
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Enclosed is a duplicate original of the above mentioned executed on behalf of Monroe County for your o
handling. Should you have any questions,please feel free to contact me. 2
cc: County Attorney 0
Finance
File `V
0
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax.,305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7145
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C.13.a
Chemical Water Treatment and Testing Services
AGREEMENT
CHEMICAL WATER TREATMENT AND TESTING SERVICES >
MONROE COUNTY,FLORIDA
This (5) five year Agreement is made and entered into this 16'h day of September, 2015,
between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of 06
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Advance Water
Technology, Corp. ("CONTRACTOR"), a Florida corporation, whose address is 7880 NW 176
Street, Hialeah, FL 33015.
WHEREAS, COUNTY desires to have inspection, testing, maintenance and treatment
services for cooling tower and chilled water systems located in Monroe County; and
2
WHEREAS, CONTRACTOR desires and is able to provide inspection, testing,
maintenance and treatment services for cooling tower and chilled water systems located in °3
Monroe County; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
inspection, testing, maintenance and treatment services for cooling tower and chilled water
systems located in Monroe County, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
0
1. THE AGREEMENT
The Agreement consists of this document, the proposal documents, exhibits, and any
addenda only.
2. SCOPE OF THE WORK:
A. Provide extensive monthly water chemical treatment services that include but are >
not limited to all testing, chemicals, reagents, analysis reports, equipment i
operation checks, feed station checks and chemical refills whereby County
personnel do not have to handle any chemicals.
1. Own, inspect, maintain and provide all chemical feed equipment at no cost
to the Owner. Maintain chemical feed stations in a professional, clean,
safe and compliant manner. Update chemical feed equipment as
technology advances. Maintain on-site Log Books and MSD Sheets. LO
2. On a quarterly basis, collect and analyze samples of the treated water for
planktonic and sessile bacteria counts per the chart below along with
legionella counts. Provide to the Owner testing results with interpretation
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of results and corrective action on a quarterly basis for all cooling tower
systems.
Target Values
CD
Routine Treatment of Cooling Water Systems
Agar Pour
�
Parameter Dipslides Plate or Microscopic 06
06
Petrifilm Exam
Planktonic <10 000 <10 000 No higher life
Counts(Bulk CFU/mL CFU/mL forms
Water) r
Sessile
Counts <100,00Q <100,010 No higher life(Surfaces) CFU/cm CFU/cm forms
Deposits NA NA
No higher life m
forms
Note: Results from dipslides, agar pour
plates, or Petrifilm are colony forming units
(CFU per milliliter or per square centimeter) of
total aerobic heterotrophic bacteria. Legionella
bacteria are not detected by these
conventional plate count media. Microscopic
examination for the presence of higher life
forms requires a trained microscopist
and specialized microscopy equipment.
3. Maintain low levels of algae and bacteria in all cooling tower systems with
alternating biocide treatments and biodispersants. Microbial populations
are to be properly controlled and kept numerically as low as possible. >
Review chemical control of the treatment, adjust the feed, and control i
equipment based on analytical results. Bacteria target values are noted in
the chart above. Biocide types and levels shall be indicated on your E
monthly report.
4. Maximize energy efficiency by ensuring the cleanliness of all heat transfer 76
surfaces through additives that control corrosion, deposits and fouling.
Maintain adequate Scale Inhibitor levels of all cooling tower and closed 0
loop systems. Inhibitor types and levels shall be indicated on your LO
monthly report. Provide up to ten gallons of closed loop water treatment
per system per year.
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Chemical Water Treatment and Testing Services
5. Maintain 4 to 6 chloride water cycles of concentration for cooling tower
systems.
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6. Inspect each system and associated equipment and report conditions on a
routine monthly basis. Provide additional routine site-visits if necessary to
maintain systems within established parameters. Provide up to four
additional non-routine/emergency site visits per year. Educate and advise
plant personnel on proper maintenance of the systems.
7. Contractor is to provide a monthly service report for each system.
Minimum constituent readings with acceptable ranges included within the
report shall be Cl, total hardness, ph, p. alkalinity, in. alkalinity,
Organophosphate, Conductivity, Total Dissolved Solids, Temperature,
Chloride Cycles, Total Aerobic Bacteria, Water Clarity, and Nitrite.
Condition of systems, chemicals used, chemical concentrations, excessive
system water loss, any observed abnormal operating conditions and
contact with on-site personnel shall also be noted.
8. 24-Hour Emergency Service - 7 days a week: Technicians to respond
twenty-four hours a day, seven days a week to ensure proper and reliable
operation of systems as designated for the facilities listed in Paragraph 5.13
below. In the event of an operational failure, emergency response time
shall be no greater than eight (8) hours from County notification to be on
site.
2
9. The contractor shall warrant that the chemicals used in the water treatment
program shall not endanger the health or safety of persons being exposed
to them and shall not damage personal or real property when used in
accordance with the vendor's instruction for use and disposal of
chemicals.
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10. All chemicals used must meet all required EPA regulation (local, state and
federal) and used in the proper dilution rates. The contractor shall provide
double containment in compliance with local and state regulation for the i
chemicals supplied.
11. Load, haul and properly dispose of all generated debris. 2
The Scope of Work shall at a minimum, includes all work shown and detailed above.
The Contractor is required to provide complete services as described in the scope of
work. The Contractor shall furnish all labor, supervision, transportation, materials, LO
power, tools, equipment, supplies, engineering and any other means necessary or proper
for performing best practices and completing the Scope of Work, unless otherwise
specifically stated.
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C.13.a
Chemical Water Treatment and Testing Services
The Contractor shall be responsible for complying with regulations, approvals, and
permitting by: Monroe County, Monroe County Growth Management, Monroe County
Building Dept., Fire Marshall, Municipalities, and any other permitting or regulatory
agencies as applicable.
3. QUALITY ASSURANCE PROGRAM
06
The Contractor shall meet the Owner on a semi-annual basis to evaluate system
performance and Owner's satisfaction with the quality of service that is being
provided. Contractor is to schedule a meeting with the Owner at the beginning of
the contract year and an update meeting six months into the contract year with the
following being part of the agenda. Contractor shall compile and submit to the
Owner for review, all proposed maintenance, testing and treatment protocols as
recommended by the Contractor and supported by peer group best practices along 2
with all chemical data sheets. The Contractor shall provide a single point of °3
contact with 24/7 accessibility.
4. ADDITIONAL SERVICES
A. Additional services may include any County facility and may include but not be y
limited to testing and treatment of potable and non-potable water systems along with W
cooling tower maintenance and cleaning. For normal working hours between 8:00
a.m. and 5:00 p.m. Monday through Friday, excluding holidays, shall be $30.00 per 2
hour for technician and shall be $40.00 per hour for technician and helper.
B. Emergency service calls (above four per year) after hours stated above, including °®
holidays, shall be $40.00 per hour for technician and shall be $50.00 per hour for
technician and helper.
C. The cost of parts (excluding freight and sales tax) shall be the manufacturers cost plus
25 %. Freight, engineering, permits, equipment and sales tax will be reimbursed at
the amount charged only. The manufacturer's invoice must accompany all requests
for payment for any part, which exceeds $500.00, and may be requested at the
discretion of the Contract Administrator, or their designee, for any part, regardless of
the cost. Freight invoices over $500.00 must accompany all orders that require M
shipping or transportation of parts whether the part is under warranty or not, and may
be requested at the discretion of the Contract Administrator, or their designee, for any
freight charge, regardless of the cost associated therewith.
5. PAYMENTS TO CONTRACTOR T_
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A. COUNTY'S performance and obligation to pay under this agreement, is contingent
upon annual appropriation by the Board of County Commissioners.
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C.13.a
Chemical Water Treatment and Testing Services
B. COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act. Invoices for scheduled services will be paid on a monthly schedule in
arrears. Payment will be made after completion of scheduled services and upon
submission of a proper invoice and required documentation by CONTRACTOR.
Payment for additional services will be made after acceptable completion and upon
submission of a proper invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation 06
acceptable to the Clerk, at completion of the work by the CONTRACTOR and
approval by an appropriate COUNTY representative. Acceptability to the Clerk is
based on generally accepted accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal of funds. The County designates the
Clerk of Courts as its agent under the Local Government Prompt Payment Act,
Florida Statues Section 218.735
D. The following buildings require monthly water treatment services: E
Murray E Nelson Government Center
102050 Overseas Highway, Key Largo, FL-------------------------------------------$ 175.00 per Month
Monroe County Medical Examiner—Crawl Key
56639 Overseas Highway, Marathon, FL--------------------------------------------$40.00 per Month
Harvey Government Center W
1200 Truman Avenue, Key West, FL--------------------------------------------------$40.00 per Month
Juvenile Justice Building
5505 College Road, Key West, FL------------------------------------------------------$40.00 per Month
Monroe County Sheriff's Office Administration Building
5525 College Road, Key West, FL------------------------------------------------------$ 175.00 per Month
Monroe County Detention Center on Stock Island
>
5501 College Road, Key West, FL------------------------------------------------------$550.00 per Month
Jackson Square Complex
500 Whitehead St., Key West----------------------------------------------------------$275.00 per Month
Key West Library
700 Fleming Street, Key West, FL-----------------------------------------------------$33.00 per Month
Gato Building 0
1100 Simonton Street, Key West, FL------------------------------------------------$33.00 �per Month
T.
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Total per Month-----------$ 1,361.00
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C.13.a
Chemical Water Treatment and Testing Services
The total monthly service amount of contract shall be One Thousand Three Hundred
Sixty-One Dollars ($1,361.00) for an annual amount of Sixteen Thousand Three Hundred a,
Thirty-Two Dollars ($16,332.00). Total Compensation to CONTRACTOR for additional >
services and repairs under this Agreement shall not exceed $25,000.00 per year unless
pre-approved emergency work requiring additional funds is implemented.
Contractor shall submit all invoices with the Application for Payment.
There shall be no additional charges to the Owner for travel, mileage, meals, or lodging.
6. TERM OF AGREEMENT E
This (5) five year Agreement shall commence on October 1, 2015, and ends upon
September 10, 2020, unless terminated earlier under paragraph 20 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional five
(5) one-year periods at terms and conditions mutually agreeable to the parties, exercisable
upon written notice given at least 30 days prior to the end of the initial term. Unless the m
context clearly indicates otherwise, references to the "term" of this Agreement shall mean
the initial term of five(5)years.
The Contract amount may be adjusted annually in accordance with the percentage change
in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban
Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the v,
CPI-U annualized computation at December 31 of the previous year. W
7. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
c i
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses. Proof of such licenses and approvals shall be submitted to the
COUNTY upon request.
8. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to i
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other 2
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, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. LO
55.03, FS, running from the date the monies were paid to CONTRACTOR.
9. PUBLIC ACCESS
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C.13.a
Chemical Water Treatment and Testing Services
Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply
with all public records laws of the State of Florida, including but not limited to:
A. Keep and maintain public records that ordinarily and necessarily would be
required by Monroe County in the performance of this Agreement.
B. Provide the public with access to public records on the same terms and
conditions that Monroe County would provide the records and at a cost that does
not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise
provided by law.
C. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law. a
D. Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon
termination of this Agreement and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to Monroe County in a format
that is compatible with the information technology systems of Monroe County.
ca
10. HOLD HARMLESS,INSURANCE AND LIMITATION OF LIABILITY
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i)
any third-party claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any
reasonable costs or expenses that may be asserted against, initiated with respect to, or
sustained by, any indemnified party by reason of, or in connection with, (A) any activity
of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees
during the term of this AGREEMENT, (B) the negligence or willful misconduct of
CONTRACTOR or any of its employees, agents, sub-contractors or other invitees, or(C) a,
CONTRACTOR's default in respect of any of the obligations that it undertakes under the
terms of this AGREEMENT, except to the extent the claims, actions, causes of action, >
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts i
or omissions of the COUNTY or any of its employees, agents, contractors or invitees
(other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, m
proceedings, costs or expenses relate to events or circumstances that occur during the
term of this AGREEMENT, this section will survive the expiration of the term of this
AGREEMENT or any earlier termination of this AGREEMENT.
The extent of liability is in no way limited to, reduced, or lessened by the insurance 0
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to L
comply with the requirements of this section shall be cause for immediate termination of cv
this agreement.
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C.13.a
Chemical Water Treatment and Testing Services
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutory limits as
required by Florida Law, and Employer's Liability coverage in the amount of
$500,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy
limits, and $500,000.00 bodily injury by disease, each employee. 06
COMMERCIAL AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less than
,$300,000.00 per aggregate occurrence, combined single limit for Bodily Injury Liability and °®
Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles,
and all hired vehicles. If single limits are provided, the minimum acceptable limits are
$200,000.00 per person, $300,000.00 per occurrence, and ,$200,000.00 property damage.
Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of
liability of not less than $500,000.00 per aggregate occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. If single limits are provided, the minimum
acceptable limits are $300,000.00 per person, $500,000.00 per occurrence, and $200,000.00
property damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED
ADDITIONAL INSURED ON ALL GENERAL LIABILITY AND AUTOMOBILE
POLICIES.
CERTIFICATES OF INSURANCE: Original Certificates of Insurance shall be provided to the
COUNTY at the time of execution of this Agreement and certified copies provided if requested.
Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar
days' written notice shall be provided to the COUNTY before any policy or coverage is canceled
or restricted. The underwriter of such insurance shall be qualified to do business in the State of
Florida. >
11. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any Agreement entered into by the COUNTY be required to 0
contain any provision for waiver. LO
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12. INDEPENDENT CONTRACTOR E
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At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners of Monroe
County. No statement contained in this agreement shall be construed so as to find
CONTRACTOR or any of his employees, sub-contractors, servants, or agents to be
employees of the Board of County Commissioners of Monroe County.
13. NONDISCRIMINATION
CONTRACTOR agrees that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. CONTRACTOR
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
VI 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, E
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 03
(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 0
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC s. 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. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this
Agreement.
14. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to 2
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County and CONTRACTOR, which approval shall be subject
to such conditions and provisions as the Board may reasonably deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and any
assignee or sub shall comply with all of the provisions of this agreement. Unless L
expressly provided for therein, such approval shall in no manner or event be deemed to cv
impose any additional obligation upon the board.
15. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
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Chemical Water Treatment and Testing Services
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, rules and regulations
pertaining to, or regulating the provisions of, such services, including those now in effect
and hereinafter adopted. Compliance with all laws includes, but is not limited to, the CD
immigration laws of the Federal and State government. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess 06
proper licenses to perform work in accordance with these specifications throughout the
term of this Agreement.
16. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract, as provided in
Section 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees m
of the COUNTY recognize and will be required to comply with the standards of conduct
for public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's
agency; unauthorized compensation; misuse of public position, conflicting employment
or contractual relationship; and disclosure or use of certain information.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed v,
nor retained any company or person, other than a bona fide employee working solely for W
it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, CD
company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
17. NO PLEDGE OF CREDIT
i
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of E
payment or surety for any contract, debt, obligation, judgment, lien, or any form of W
indebtedness. CONTRACTOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this contract.
18. NOTICE REQUIREMENT
LO
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested,to the following:
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FOR COUNTY: FOR CONTRACTOR:
Monroe County Public Works Pete Robinson
Middle Keys Operations—Stock Island Jail 7880 NW 176 Street >
5501 College Road Hialeah, Florida 33015
Key West, FL 33040
And
County Attorney
Post Office Box 1026
Key West, FL 33041-1026
19. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from
paying sales tax to its suppliers for materials used to fulfill its obligations under this
contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption
Number in securing such materials. CONTRACTOR shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
20. TERMINATION n
A. The COUNTY may terminate this Agreement with or without cause prior to the
commencement of work.
B. The COUNTY may terminate this Agreement for cause with seven (7) days notice
to CONTRACTOR. Cause shall constitute a breach of the obligations to perform
the obligations enumerated under this Agreement.
C. 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.
21. GOVERNING LAW,VENUE,INTERPRETATION, COSTS,AND FEES >
i
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State. E
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR
agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida. —
22. MEDIATION LO
cv
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
Page 11 of 15
Packet Pg.601
C.13.a
Chemical Water Treatment and Testing Services
proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
23. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be 2
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
24. ATTORNEY'S FEES AND COSTS
c,
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the 03
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to
pay its own court costs, investigative, and out-of-pocket expenses whether it is the
prevailing party or not, through all levels of the court system.
0
25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS �NNN,eee
f
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days
after the first meet and confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have i
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
26. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONTRACTOR agree to participate, to the extent required by the other T_
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. ,
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
Page 12 of 15
Packet Pg.602
C.13.a
Chemical Water Treatment and Testing Services
27. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
28. AUTHORITY 06
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY
and corporate action, as required by law. °®
29. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
30. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, �+
and rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
31. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the i
extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the 2
delegation of the constitutional or statutory duties of the COUNTY, except to the extent
permitted by the Florida constitution, state statute, and case law. 76
32. NON-RELIANCE BY NON-PARTIES 0
LO
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
Page 13 of 15
Packet Pg. 3
C.13.a
Chemical Water Treatment and Testing Services
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
33. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably 06
require,to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
34. NO PERSONAL LIABILITY °®
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her 2
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
c,
35. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
36. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
37. PUBLIC ENTITY CRIME INFORMATION STATEMENT >
i
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any E
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 a public entity, may not be awarded or perform work as
a Construction Manager, 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 L
months from the date of being placed on the convicted vendor list." cv
38. MUTUAL REVIEW
Page 14 of 15
Packet Pg.604
C.13.a
Chemical Water Treatment and Testing Services
This agreement has been carefully reviewed by Contractor and the County therefore; this
agreement is not to be construed against either party on the basis of authorship.
.2
39. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
06
40. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Board of County Commissioners. In the event that the °®
County funds on which this Agreement is dependent are withdrawn, this Agreement is
terminated and the County has no further obligation under the terms of this Agreement to
the Contractor beyond that already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this °3
Agreement on the day and date first written above in four (4) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original contract.
E
L) BOARD OF COUNTY COMMISSIONERS
Y HEAVILIN, CLERK OF MO%ROECOUNTY, FLORIDA
By: c
putt'Q1Lrk Mayor
yy
ate: 9/��D/L5 Date:
Witnesses for CONTRACTOR: >
� s
Signature of person authorized to
Signature legally bind Co oration
Date:
air �
Date Print Name —
IAKFP��—
Address: a NW 17 L LO
Signature
15 }� �, t 33 6 s
Date Telephone Number
ROE C Ty rw... ,; Y
PP OV U F aVf
Page 15 of 15
Date __ Z0 IS Packet Pg.605
C.13.a
MONROE COUNTY PUBLIC WORKS AND ENGINEERING
PROPOSAL TO: Monroe County Public Works
10600 Aviation Blvd.
Marathon,FL 33050
E
PROPOSAL FROM: Advance Water Technology, Corp
7880 NW 176 St
Hialeah, FL 33015
The undersigned, having carefully examined the Work and reference Drawings,
Specifications, Proposal, and Addenda thereto and other Contract Documents for the °3
services of:
ca
CHEMICAL WATER TREATMENT AND TESTING SERVICES
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 with material availability, Federal, State, and Local laws, W
ordinances, rules and regulations affecting performance of the Work, does hereby
propose to furnish all labor, technicians mechanics, superintendents, tools, material, —o
equipment, chemicals, 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 Specifications, and other Contract Documents including Addenda
issued thereto.
The undersigned further certifies that he has personally inspected the actual location of
where the Work is to be performed, together with the local sources of supply and that he
understands the conditions under which the Work is to be performed. The proposer shall i
assume the risk of all costs and delays arising from the existence of any subsurface or
other latent physical condition, which could be reasonably anticipated by reference to E
documentary information provided and made available, and from inspection and
examination of the site.
The undersigned agrees to commence performance of this Project within ten (10)
calendar days after the date of issuance to the undersigned by Owner of the Notice to
Proceed. Once commenced, undersigned shall diligently continue performance until LO
completion of the contract term.
The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency
between the two the Proposal in words shall control. This proposal is valid for 120 calendar days from
submittal due date.
Murray E Nelson Government Center
102050 Overseas Highway, Key Largo, FL-------------------------------------------$ 175.00 per Month
Packet Pg.606
C.13.a
Monroe County Medical Examiner—Crawl Key
56639 Overseas Highway, Marathon, FL--------------------------------------------$ 40.00 per Month
Harvey Government Center
1200 Truman Avenue, Key West, FL--------------------------------------------------$ 40.00 per Month
.2
Juvenile Justice Building
5505 College Road, Key West, FL------------------------------------------------------$ 40.00 per Month
Monroe County Sheriff's Office Administration Building
5525 College Road, Key West, FL------------------------------------------------------$ 175.00 per Month 06
Monroe County Detention Center on Stock Island
5501 College Road, Key West, FL------------------------------------------------------$ 550.00 per Month
Jackson Square Complex
500 Whitehead St., Key West----------------------------------------------------------$ 275.00 per Month
Key West Library 2
700 Fleming Street, Key West, FL-----------------------------------------------------$ 33.00 per Month m
ca
Gato Building
1100 Simonton Street, Key West, FL------------------------------------------------$ 33.00 per Month
Total Proposal per Month-----------$ 1,361.00
Total Proposal per Year--------------$ 16,332.00
W
One Thousand Three Hundred Sixty One Dollars.
0
(Total Base Proposal-words)
$ 1,361.00
(Total Base Proposal—numbers)
Additional Services:
1. Labor—normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding
holidays:
PROPOSAL PRICE: $ 30.00 PER HOUR, TECHNICIAN i
PROPOSAL PRICE: $ 40.00 PER HOUR, TECHNICIAN PLUS HELPER
2. Labor—overtime rate for hours other than normal working hours stated above, including holidays: 0)
PROPOSAL PRICE: $ 40.00 PER HOUR, TECHNICIAN 2
PROPOSAL PRICE: $ 50.00 PER HOUR, TECHNICIAN PLUS HELPER
3. Materials—Supplies and Replacement Parts:
PROPOSAL PRICE: Manufacturer's Invoice plus 25 %
LO
Mailing Address: 7880 NW 176 St
cv
Phone Number: (305)828-5616
Date: 8/4/15 Signed: z ° Title: Secretary
rY
(Name)
Page 2 of 2
Packet Pg.607
C.13.a
NON-COLLUSION AFFIDAVIT >
Maria Morales of the city of Hialeah accordingto law on
oath,and under penalty of perjury,depose and say that CD
1. I am Secretary
of the firm of Advance Water Technology,Corp 06
the bidder making the Proposal for the project described in the Notice for Calling for bids for.
Water Treatment Services
and that I executed the said proposal with full authority t do so:
2. the noes in this bid have been arrived at inde
pendently ependently without collusion,consultation,communication or agreement for U
the purpose of restricting competition, as to: any matter relating to such prices with any other bidder or with any
competitor, m
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3. unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by
the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly,to any other
bidder or to any competitor,and
4. no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit,
or not to submit,a bid for the purpose of restricting competition; y
5. the statements contained in this affidavit are true 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 project. CD
0
11
�/� �a• titer t 8/4115
(Signature of Bidder) (Date)
STATE OF: Florida
COUNTY OF: Miami-Dae >
i
PERSONALLY APPEARED BEFORE ME,the undersigned authority, 1'Y l&A,uv 'yl� d+a-�d7 who, after first W
orn by me,(name of individual signing)affixed his/her signature in the space provided above on this y ► day of_
2015
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NOTARV PUBLI
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My Commission Expires: 3 o, U 1 L
Of"11A UEt
*a•by ns Apr 30.1016
(memo pad"o Ana.
Packet Pg.608
C.13.a
LOBBYING AND CONFLICT OF INTEREST FORM o
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 >
MONROE COUNTY.FLORIDA
0
ETHICS CLAUSE
0
Advance Water Technology, Corp. warrants that hest has not employed,retained or otherwise had act on
hisrts behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 10-1990. 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.
--� / o
(Sign) o
Date:
STATE OF
COUNTY OF
0
PERSONALLY APPEARED BEFORE ME,the undersigned authority, i
a.%.,: Tyln c. .C who,after first being sworn by me,affixed his/her signature(name of
individual signing)in the space provided above on this 411" day of
>
NOTARY PUB1qC i
My commission expires: OfAa 3 L),a o i E
0
twn VtMM
OMB-MCP FORM#4 son
�DowAP�
tCM�IMiwt/a lisle$
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Packet Pg.609
C.13.a
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
Advance Water Technology, Corp
(Name of Business)
06
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's 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.
76
3. Give each employee engaged in providing the 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 contendere 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. m
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. y
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 this firm complies fully with the above requirements. 0
0
0
bidder's Signature
0
8/7/15
Date >
i
qq;
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pW
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OMB-MCP#5
m
0
Packet Pg.610
C.13.a
Bidder's/Respondent's Insurance and Indemnification Statement
Insurance Requirement Reouired Limits
Worker's Compensation Statutory Limits Q
Employer's Liability $500,000/$500,000/$500,000
CD
General Liability $500,000 Combined Single Limit or
$300,000/$500,000/$200,000
Vehicle Liability $300,000 Combined Single Limit or
$200,000/$300,000/$200,000 0
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL
INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and as
against(i)any claims, actions or causes of action, (ii)any litigation,administrative proceedings, appellate proceedings,or "Ur-
other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business interruption,and
(iii)any costs or expenses that may be asserted against, initiated with respect to,or sustained by,any indemnified party by m
reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub-contractors or
other invitees during the term of this AGREEMENT,(B)the negligence or willful misconduct of CONTRACTOR or any m
of its employees, agents, sub-contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the
obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of n
action, litigation; proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part W
or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions, causes of action, ,liti ation proceedings,
g p gs, costs or expenses relate to 0
events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the
term of this AGREEMENT or any earlier termination of this AGREEMENT. 0
0
In the event that the service is delayed or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such n
delay.
0
0
The first ten dollars($10.00) of remuneration paid to the Contractor is consideration for the indemnification provided for
above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere �.
within this agreement.
as
This indemnification shall survive the expiration or earlier termination of the Contract. m
0
BIDDER'S/RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the 'a
requirements. -
u3
Maria Morales �- - ,v/..�
Bidder/Respondent Signature
as
0
Packet Pg.611
C.13.a
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the responder named below. The following deductibles apply to the
corresponding policy. ,
0
POLICY DEDUCTIBLES )
oD� 1 ►y
4
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Liability policies are v Occurrence Claims Made
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1Wz PM)C P.�f
Insurance Agency Wt C1 Signature m
Print Name:
L14-��e cs E
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0
0
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Packet Pg.612
C � CERTIFICATE 4F LI DATE(Mc.13.a
ABILITY INSURANCE Fe/14/;7
2015
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO ROM UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NOMATIVELY AMEND, EXTEND OR ALTER THE COVERAQE AFFORDED BY THE POLICIES
BED= THIS CERTIFICATE OF INSURANCB DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING NWRER48j AUTHORIZED
RPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE FOLDER.
IMPORTANT: E tM cerWBah holder h an ADDITIONAL INSURED.the polky(ks)mutt he endorsed. If SUBROGATION HI WAIVED.=dyed to
do- Ind eondkbm of the Policy.catalrl p IcMs may require an willmument. A t10mard an IN*cwUr4 m does not confer dgtft to the
e, -IN- I a holder In Mar of such s}
PRODUCER
Diaz
Insurance Agency . 23 7656571 No 397655214
PO Box 127
ADDRESS:
Fort Myers Beach, FL 33931 SWUNIAa ArroRoea ro�RAoa �
INSURER A: 5
94S'RED -RIVER INS CO 1368
INSURER B:PROGRZSSn% INSURANCE CONP=r 10193 06
ADVANCE WATER TECHNOLOGY ft"ERc:EVANSTON INSURANCE COMPANY 353 88
7980 1NW 176 ST INSURERD:
HIALEAH, FL 33015 INSLAURE:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSLIED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD
IJU ATED. NOTWITHSTANDM ANY REGUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTFIfIATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREN IS SUBJECT TO ALL THE TERMS.
EXCUISIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
WLTR TYPE OF INSURANCEWell vm POLICY NUMBER LaAfiS 2 -
X tasaletlelRL am""uAsurT EACH OCCURRENCE $ a)CL MOMAM FA]OCCURmy-
PREIYOSES as S �� CJ
OOQ
MEDEXP Okay one pwwn) S
A 000601141 1/26/14 1/26/15 PERSONAL aAovmAm s m
0 0
GEft AGGREGATELear APPLIES P� GENERAL AGGREGATE s 2,000,000
POLICY®PRO-� ❑LOC PRODUC78-COMP OP AGG s O 000 m
0HM s
AUTOMOBLEUABIInW'o s 11000 000 (n
ANYAIM BODILY NJURY per puson) tALLOWNW SCHEDULED
W
B Norm 0572020fi-8 4/11/15 4/11/16 BOOILY14JURYMoraocidsn� s
AUTOSCD
NOWWNED X s
S O
UMBRELLA LIMB OCCUR
EACH occuaaaNCE $ 1,000 000
C otcEss LIAR p�� XOVA761814 1/26/14 11/26/15 AGGREGATE s 1,000,600
oeD RFIE WION$ s
WORKERS TXIN
AND EMPL01fERS'LIABILITY
Tra I STATUTE I I ER
Aw
alxuloem Q N/A P VED Y IS NAGEMENr E.L.EACH ACCIDENT s
e}!�dsecTiAs~under 3Y EL DISEASE-FJ1 EMPLOY $
IION OF OPERATIONS OeloMr E.L.DISEASE-POLICY LIMIT t
>
DATE LA
WAIVER N/A YES_.
OESOMMON OF OPERATIONS I LOCATIONS r V94CLES WXM 101.Add*m W Remerb Sdo",may be aaached if i a epme is required)
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS NAMED
ADDITIONAL INSURED ON ALL GENERAL LIABILITY AND AUTOMOBILE
POLICIES.
LO
CERTIFIWHOLDER CANCELLATION r
Monroe County
1100 Simonton St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL. BE DE
LNERED IN
West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
•
019W2Dl3 ACORD CORPORATION. A9 rvft nwer%vd.
ACORD25(2D13N4) The ACORD name and bg0 are 11e[lieFered marks of ACORD
Packet Pg.613
C.13.a
ADVAN-1
CERTIFICATE OF LIABILITY INSURANCE F
M1312015 j
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS U
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES t
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 w
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 endorseme s. >
Customers Rule Ins.Agency NAME:
1005 NE 125th St,#202 PHONE Ax
A/C No lad: AIC No): O
North Miami,FL 33161 MA L
Lynn Ramon ADDRESS:
IISURER(S)AFFORDING COVERAGE NAIL/
INSURER A:*Bridgefield Employers Ins Co 10701 06
INSURED Advance Water Technology,Corp INSURER B
Maria Morales
7880 NW 176 St INSURER C
Hialeah,FL 33015 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
'r
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.
NS
LTR TYPE OF INSURANCE POLICY NUMBER M L1CY EFF Ir
IN LIMITS O
GENERAL LIABILITY EACH OCCURRENCE $ CJ
COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $
CLAIMS-MADE OCCUR MED EXP(Arty one person) $
PERSONAL&ADV INJURY $
3
GENERAL AGGREGATE $ O
GEN'L AGGREGATE LIMIT APPLIES PER: ED K �GEMENT PRODUCTS-COMP/OP AGG $
17
POLICY PRO- LOC E ¢
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AUTOMOBILE LIABILITY D Ea accident)
INGLE LIMN $
BODILY INJURY(Per person) $
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ANY AUTO DATE W €CD
ALL OS TIEO ASUOSULED WAIVER NIA4 Y S_ BODILY INJURY(Per accident) $
NON-OVMED PROPERTY DAMAGE O
HIRED AUTOS AUTOS PER ACCIDENT $ O
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE S
EXCESS LJAB HCLAIMS-MADE AGGREGATE $
DED RETENTIONS $ 00
AND MPLO RS LIABILITYY i N �(RKERS COMPENSATION WCY TA�T- OE H-
A ANY PROPRIETORIPARTNERIEXECUTNE 0196-19605 02/24/2015 02/24/2016 E.L.EACH ACCIDENT $ 1,000,OOt U
OFFICERIMEMBER EXCLUDED? FN N/A _ O
(Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,00� t8
If yes describe under
DESCRIPTION OF OPERATIONS belay E.L.DISEASE-POLICY LIMIT E >
1,000,OOC
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Rernarks SelradLd%Minor space is regtd ed) O
at:@S t:T@at0@IIt consultants.
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 0
Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
H
1100 Simonton St ACCORDANCE WIT THE POLICY PROVISIONS.
Key West,FL 33040 AUTHORIZED REPRESENTATIVE
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD
Packet Pg.614
C.13.b
FIRST AMENDMENT TO AGREEMENT FOR
CHEMICAL WATER TREATMENT AND TESTING SERVICES
MONROE COUNTY, FLORIDA
This First Amendment to Agreement is made and entered into this 19th day of August, 2020, `2
between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and ADVANCE WATER
TECHNOLOGY, CORP. ("CONTRACTOR"), a Florida corporation, whose principal address is
7880 NW 176 Street, Miami, Florida 33015.
WHEREAS, the parties hereto did on September 16, 2015, enter into an Agreement for
Chemical Water Treatment and Testing Services, Monroe County (hereinafter "Original
Agreement"); and
WHEREAS, the County desires to exercise its option to extend the term of the Original
Agreement for an additional one-year term pursuant to the terms of the Original Agreement; and
WHEREAS, the County desires to remove one (1) location, the Key West Library, from the
list of facilities which require monthly water treatment services and to adjust the monthly payment
amount to the Contractor accordingly; and
N
WHEREAS, the County desires to amend its Public Records compliance language in
accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to Sec. co
co
119.0701, which became effective March 8, 2016, and any subsequent changes thereto; and ,
WHEREAS, the County desires to revise the financial records provision, non-discrimination,
termination, and other clauses in its contracts and/or agreements to update and/or add current
revisions pursuant to its ordinances and/or Federal required contract provisions; and
WHEREAS, the Contractor agrees and consents to such revisions in its Original Agreement
to extend the term, remove a location for services, correct errors, and ensure compliance with the
various clauses, and compliance with any Federal required contract provisions requirements; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and
WHEREAS, the parties find it would be mutually beneficial to amend its Original Agreement E
and enter into this First Amendment to Agreement; and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set
forth below, the parties agree as follows:
LU
1. Paragraph 5.D., PAYMENTS TO CONTRACTOR, of the Original Agreement, shall be _
amended to terminate the monthly water treatment services for the Key West Library, at 700 Fleming W
Street, Key West, Florida, and thereby decreasing the monthly payment amount under the Original
Agreement in the amount of Thirty-three and 00'100 ($33.00) Dollars per month, for a total amended
monthly payment amount for the services to all remaining buildings to be One Thousand Three
Hundred Twenty-eight and 00°100 ($1,328.00) Dollars.
i
Packet;Pg. 615
C.13.b
2. In accordance with Paragraph 6. TERM OF AGREEMENT, of the Original Agreement, the
County exercises its option to renew the Original Agreement for the first of the five (5) one-year
terms. This renewal term of the Original Agreement shall commence on September 11, 2020, and
ends upon September 10, 2021, unless terminated earlier under paragraph 20 of this Agreement.
N
3. Paragraph 7, ACCEPTANCE OF CONDITIONS BY CONTRACTOR of the Original
Agreement shall be amended to rename the heading of Paragraph 7 and to delete the paragraph in its
entirety and said paragraph shall be replaced with the following: N
7. LICENSES
Contractor has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses shall be submitted to the County upon execution of y
this Agreement and annually thereafter or upon any renewal.
4. Paragraph 8, FINANCIAL RECORDS OF CONTRACTOR, of the Original Agreement,
shall be amended to rename the heading of Paragraph 8 and to hereby delete the paragraph and
replace the following in its entirety as Paragraph 8:
8. MAINTENANCE OF RECORDS X
Contractor shall maintain all books, records, and documents directly pertinent to N
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of seven (7)
years from the termination of this agreement or for a period of five (5) years from the co
submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is
greater. Each party to this Agreement or their 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 five (5) 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 5
the Contractor, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to
Contractor.
0
Right to Audit.
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as a
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 LU
logs and supporting documentation; general ledger entries detailing cash and trade 5;
discounts earned, insurance rebates and dividends; any other supporting evidenceLU
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
2
Packet;Pg. 616
C.13.b
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 N
employees, subcontractors, suppliers, and contractors' representatives. All records
shall be kept for seven (7) years after Final Completion.
N
5. Paragraph 9, PUBLIC ACCESS, of the Original Agreement is hereby deleted in its entirety
and shall be replaced with the following as Paragraph 9:
9. PUBLIC RECORDS COMPLIANCE
Contractor must comply with Florida public records laws, including but not limited to
Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of
Florida. The County and Contractor shall allow and permit reasonable access to, and 2
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 X
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 co
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:
0
(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 E
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 >
LU
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
3
Packet;Pg. 617
C.13.b
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 N
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must beCD
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the Contractor of the request, and the Contractor
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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, o,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the
public records to the County or pursuant to a valid public records request within a
reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
X
The Contractor shall not transfer custody, release alter, destroyor
otherwise dispose of any public records unless or otherwise provided
in this provision or as otherwise vrovided by law. IF THE co
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CONTRACTOR HAS _ QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305-292-
3470 BRADLEY-BRIAN(4�MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE, 1111„12TH STREET, SUITE
408, KEY WEST, FL 33040.
0
6. Paragraph 10, HOLD HARMLESS, INSURANCE AND LIMITATION OF LIABILITY,
of the Original Agreement is hereby deleted in its entirety and shall be replaced with the following as W
Paragraph 10:
10. HOLD HARMLESS INDEMNIFICATION DEFENSE AND
INSURANCE e
Notwithstanding any minimum insurance requirements prescribed elsewhere in this D)
agreement, Contractor shall defend, indemnify, and hold the County and the County's LU
elected and appointed officers and employees harmless from and against (i) any
claims, actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury (including
death), loss, damage, fine, penalty or business interruption, and (iii) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any
. ....... __...
4
Packet;Pg. 618
C.13.b
indemnified party by reason of, or in connection with, (A) any activity of Contractor
or any of its employees, agents, contractors, or other invitees during the term of this
Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors
or other wrongful act or omission of Contractor or any of its employees, agents, sub-
contractors, or other invitees, or (C) Contractor's default in respect of any of the `2
obligations that it undertakes under the terms of this Agreement, except to the extent
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise
from the intentional or sole negligent acts or omissions of the County or any of its
employees, agents, contractors, or invitees (other than Contractor). The monetary
limitation of liability under this Agreement shall be not less than $1 million per
occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive y
the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project (to include the work of others) is
delayed or suspended as a result of the Contractor s failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor N
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf, co
co
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of Contractor to
comply with the requirements of this section shall be cause for immediate termination
of this agreement. E
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the Agency, the State of Florida, Department of Emergency Management, o
and its officers and employees, from liabilities, damages, losses and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence, a
recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained LU
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida D)
and the (County) Agency's sovereign immunity. LU
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
a ww
Packet;Pg. 619
C.13.b
WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutory limits
as required by Florida Law, and Employee's Liability coverage in the amount of
$500,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy
limits, and $500,000.00 bodily injury by disease, each employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor W
vehicle liability insurance, including applicable no-fault coverage, with limits of CD
liability of not less than $300,000.00 per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage shall include all owned co
vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided,
the minimum acceptable limits are 5200.000.00 per person, 5300,000.00 per E
occurrence, and 5200,000.00 property damage. Coverage shall include all owned y
vehicles, all non-owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with 03
limits of liability of not less than 5500,000.00 per aggregate occurrence combined
single limit for Bodily Injury Liability and Property Damage Liability. If single limits
are provided, the minimum acceptable limits are $300,000.00 per person, $500,000.00
per occurrence, and $200,000.00 property damage
W
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the County at the time of execution of this Agreement and certified copies N
provided if requested. Each policy certificate shall be endorsed with a provision that
not less than thirty (30) calendar days' written notice shall be provided to the County
before any policy or coverage is canceled or restricted. The underwriter of such
insurance shall be qualified to do business in the State of Florida. If requested by the
County Administrator, the insurance coverage shall be primary insurance with respect
to the County, its officials, employees, agents, and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE
NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S
COMPENSATION. E
2
7. Paragraph 13, NONDISCRIMINATION, of the Original Agreement is hereby amended to
delete the current paragraph 13 and replace it in its entirety with the following paragraph, to include
Federal Required Contract provisions, if applicable:
13. NONDISCRIMINATIONIEOUAL EMPLOYMENTOPPORTUNITY
A. 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 LU
competent jurisdiction that discrimination has occurred, this Agreement >
automatically terminates without any further action of 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. This include but are not limited to. 1)
Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
_. w.u.....
Packet;Pg. 620
C.13.b
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- W
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, `5
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 N
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
co
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and :
0)
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination 0.
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of y
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil 03
Rights Act of 1968 (42 USC s. 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 of the basis of disability; 10) Monroe County Code Chapter 14, W
Article II, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 11) Any other nondiscrimination provisions in any Federal or state
co
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 41 C.F.R. Part
60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor), see 2 C.F.R. Part 200, Appendix II,' C, agrees as follows: E
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 0)
ensure that applicants are employed, and that employees are treated equally during
employment, without regard to their race, color, religion, sex, sexual orientation, E
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 LU
compensation; and selection for training, including apprenticeship. The >
LU
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
Packet;Pg. 62'1
C.13.b
will receive consideration for employment without regard to race, color, religion,
sex, sexual orientation, gender identity, or national origin. W
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
CD
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
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essential job functions, discloses the compensation of such other employees or F
applicants to individuals who do not otherwise have access to such information, 0.
unless such disclosure is in response to a formal complaint or charge, in y
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 W
the labor union or workers' representative of the CONTRACTOR'S commitments
under section 202 of Executive Order 11246 of September 24, 1965, and shall post N
copies of the notice in conspicuous places available to employees and applicants
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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 E
books, records, and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations,
0
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 e
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 provision of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of E
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
8 ....._ ._. .....� . . . w�.
Packet;Pg. 622
C.13.b
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.
N
8. Paragraph 18, NOTICE REQUIREMENT, of the Original Agreement, is hereby deleted and
the following paragraph is replaced in its entirety as Paragraph 18:
18. NOTICE REQUIREMENT
76
CD
Any notice required or permitted under this Agreement shall be in writing and hand 2
delivered or sent by United States Mail, postage prepaid, to the other party by certified
mail, return receipt requested, or by courier with proof of delivery. The place of
giving Notice shall remain the same as set forth herein until changed in writing in the
manner provided in this paragraph. Notice shall be sent to the following addresses:
X
FOR COUNTY: FOR CONTRACTOR:
Monroe County Advance Water Technology, Corp.
Facilities Maintenance Department 7880 NW 176 Street
3583 South Roosevelt Blvd. Miami, FL 33015 co
Key West, FL 33040
and
County Attorney
l 111 12111 Street, Suite 408
Key West, FL 33040
CD
2
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9. Paragraph 20, TERMINATION, of the Original Agreement, is hereby deleted and the
following paragraph is replaced in its entirety as Paragraph 20, which includes the following Federal c
Required Contract Provisions, if applicable:
20. TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of e
service, the COUNTY shall have the right to terminate this Agreement after seven (7)
days' written notification to the CONTRACTOR. LU
B. Either of the parties hereto may cancel this Agreement without cause by giving the 5;
LU
other party sixty (60) days' written notice of its intention to do so with neither party
having any further obligation under the terms of the contract upon termination.
C. Termination for Cause and Remedies: In the event of breach of any contract terns,
U
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
9
Packet;Pg. 623
C.13.b
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 seven (7) 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 N
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 y
CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In
addition, the COUNTY reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the right to
pursue a claim for violation of the County's False Claims Ordinance, located at
Section 2-721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for W
convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the N
CD
COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay N
CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to
co
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
E. Scrutinized Companies: For Contracts of any amount, if the County determines that
the Contractor/Consultant has submitted a false certification under Section 287.l35(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) W
terminating the Agreement after it has given the Contractor/Consultant written notice
and an opportunity to demonstrate the agency's determination of false certification E
was in error pursuant to Section 287.l35(5)(a), Florida Statutes, or (2) maintaining the
Agreement if the conditions of Section 287.l35(4), Florida Statutes, are met.
LU
10. Paragraph 25, ADJUDICATION OF DISPUTES OR DISAGREEMENTS of the Original 5;
LU
Agreement is deleted in its entirety and replaced with the following paragraph:
25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of County
10
Packet;Pg. 624
C.13.b
and Contractor. If the issue or issues are still not resolved to the satisfaction of County
and Contractor, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not subject
to arbitration.
N
11. The Original Agreement is hereby amended to include the following paragraph identified as W
Paragraph 41, BACKGROUND CHECKS / FINGER PRINTING, as follows: CD
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41. BACKGROUND CHECKS/FINGER PRINTING
Contractor employees must consent to Level One background checks and the results
are to be provided to the County within thirty (30) days of award of the contract. The
County reserves the right to refuse personnel based on results of the background
check. The County reserves the right to demand of the Contractor replacement of an
employee for the Contractor if a conflict or problem with that employee should arise.
The County's Facilities Maintenance Director or his designee shall have the right to
require any employee(s) of the Contractor to be permanently removed from any
County facility serviced by the Contractor whenever it appears to be in the best
interest of the County. It is the responsibility of the Contractor to inform the Facilities x
Maintenance Director or his designee of all new hires and the results of the CD
background check. The Contractor will be responsible for the supervision, hiring and
firing of their own employees, and shall be solely responsible for the pay, worker's
compensation insurance, and benefits. co
Some work will be conducted at secure facilities, including, but not limited to law
enforcement and fire rescue. Background checks, including at a minimum:
A. Warrants check;
B. Fingerprints;
C. Local Records check:
D. Prior employment check; and
E. Criminal History check
are required of Contractor's personnel that will enter Monroe County Sheriff's Office
("MCSO") facilities. Background checks on such personnel will be conducted by the 0)
MCSO.
MCSO may prohibit entry to, or remove from, any secure facility any Contractor E
employee who, in the judgment of MCSO, poses a risk to the security or good order of
the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution
of the problem. If the problem is not resolved to the satisfaction of the MCSO, the
employee shall not be permitted to return to any facility operated by the MCSO. _
Contractor will promptly replace the employee at no additional cost to County. 5;
Contractor further agrees to notify County immediately upon becoming aware that one
of its employees or subcontractor's employees, who previously completed the W
background check is subsequently arrested or convicted of any crime. Failure by
Contractor to notify County of such arrest or conviction within forty-eight (48) hours
of being put on notice by the employee/subcontractor and/or within five (5) days of its
Packet;Pg. 625
C.13.b
occurrence shall constitute grounds for immediate termination of this contract by
County. The parties further agree that failure by Contractor to perform any of the
duties described in this paragraph shall constitute a material breach of the contract
entitling County to terminate this contract immediately with no further responsibility
to make payment or perform any other duties described herein.
12. The Original Agreement is hereby amended to include the following paragraph identified as
Paragraph 42, ENTIRE AGREEMENT, as follows: co
42. ENTIRE AGREEMENT
This writing embodies the entire agreement and understanding between the parties y
hereto, and there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded
hereby. Any amendment to this Agreement shall be in writing, approved by the Board
of County Commissioners, and signed by both parties before it becomes effective.
13. The Original Agreement is hereby amended to include the following paragraph identified as
Paragraph 43, FINAL UNDERSTANDING, as follows: W
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43. FINAL UNDERSTANDING
This Agreement is the parties' final mutual understanding. It replaces any earlier co
agreements or understandings, whether written or oral. This Agreement cannot be
modified or replaced except by another written and signed agreement.
14. The Original Agreement is hereby amended to include the following identified as Paragraph
44, FEDERAL CONTRACT REQUIREMENTS, Paragraphs 45, 46, and 47, to include the
following Federal Required Contract Provisions, if applicable:
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44. FEDERAL CONTRACT REQUIREMENTS 2
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The CONTRACTOR and its sub-contractors must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, E
including but not limited to:
44.1 Clean Air Act (42 U.S.C. &§7401-7671g.) and the Federal Water Pollution Control
Act (33 U.S.C. U1251-1387). 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) LU
and will report violations to FEMA and the Regional Office of the Environmental Protection 5;
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Agency (EPA). 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) as amended, applies to Contracts
and subgrants of amounts in excess of$150,000.00.
Packet;Pg. 626
C.13.b
44.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes Emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all
prime construction contracts in excess of $2,000, for the construction, alteration, or repair A
(including painting and decorating) of public buildings or public works, awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards N
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").
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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 y
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 W
Security Grant Program (it does not apply to other FEMA grant and cooperative agreement N
programs, including the Public Assistance Program), the CONTRACTORS must also comply
with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of co
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As
required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he or she is otherwise entitled. The COUNTY must
report all suspected or reported violations to the Federal awarding agency. The
CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements
of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
i) Contractor. The CONTRACTOR shall comply with 18 U.S.C. §874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,
which are incorporated by reference into this contract.
ii) Subcontracts. The CONTRACTOR or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the 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.
iii) Breach. A breach of the contract clauses above may be grounds for termination
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of the contract, and for debarment as a contractor and subcontractor as
provided in 29 C.F.R. § 5.12. LU
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44.3 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
13 . _.w .w....
Packet;Pg. 627
C.13.b
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR
must compute the wages of every mechanic and laborer on the basis of a standard work week
of forty (40) hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of forty (40) hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must
be required to work in surroundings or under working conditions which are unsanitary,
hazardous, or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
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transmission of intelligence.
44.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or y
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement,"the recipient or subrecipient
must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award N
(see 2 CFR �l80.220) 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 co
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. >
44.6 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 E
takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the non-Federal award.
44.7 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,
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as amendment by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designed in guidelines of the Environmental Protection LU
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Agency (EPA at 40 CPR 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
14
Packet;Pg. 628
C.13.b
procurement program for procurement of recovered materials identified in the EPA
guidelines. W
Other Federal and/or FEMA and/or Florida Emergency Management Requirements (as
applicable):
44.8 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR
will comply with all the requirements as imposed by the ADA, the regulations of the Federal N
government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto.
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44.9 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 y
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.
44.10 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that
31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the W
CONTRACTOR'S actions pertaining to this contract. N
N
44.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, co
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.
0
44.12 Federal Government not a party to contract. CONTRACTOR acknowledges that the
Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter
resulting from the contract.
44.13 Department of Homeland Security (DHS,) Seal, Logo, and Flags. The CONTRACTOR
shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS
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agency officials without specific FEMA pre-approval.
44.14 Compliance with Federal Law, Regulations, and Executive Order. This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only. The
CONTRACTOR will comply will all applicable federal law, regulations, executive orders,
FEMA policies, procedures, and directives.
Packet;Pg. 629
C.13.b
44.15 Disadvantaged Business Enterprise $DBEd Policy and Obligation.. It is the policy of
�ryr.
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 applicable federal and state laws and regulations to N
ensure that the DBE's have the opportunity to compete for and perform contracts, including
but not limited to 2 C.F.R. §200.321. The COUNTY and the CONTRACTOR and
subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. , 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS.
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible: W
b. Affirmative steps must include: N
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
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ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business
enterprises;
V. Using services and assistance, as approoriate, 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 subcontractors are to be let, to take
affirmative steps listed in paragraph (i.) through (v.) of this section.
44.16 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 iz
z
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. LU
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45. 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:
16
Packet;Pg. 630
C.13.b
6. The Contractor is bound by all applicable local, County, State, and Federal laws and
regulations. `2
47. T
The CONTRACTOR shall hold the Division and County harmless against all claims
f whatever nature arising out of the CONTRACTOR'S performance of work under this
Agreement, to the extent allowed and required by lair.
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15. .Except as set forth in Paragraphs 1 through 14 of this First Amendment to Agreement, in all
other respects, the terms and conditions set forth in the Original Agreement, regain in full force and
effect,
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
X
(SEAL) BOARD OF S T IIS I ERS C
CD
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA CD
N
By By
As Deputy Clerk Mayor
Bate
CONTRACTOR: ADVANCE WATER
TECHNOLOGY, CORP. �
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- __' tr�ess igzaature agnare of person atzthot� ed to legally c
bind corporation
CA!e- E
Witness d Larne Print Larne and Title
4itte Signature U-
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COUNTY 1 E° ,S OFFICE
Witness Printed Name AP2ykVAD,,AM8TO F �.
"FRICIA EABLES
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Packet Pg.631
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EXHIBIT 66A99
DAVIS BACON WAGE DETERMINATION E
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......................---------------------.......... ................................................. ......................
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I Packet Pg. 632
Page 1 C.13.b
"General Decision Number: FL20200022 05/15/2020
Superseded General Decision Number: FL20190022 Ch
State: Florida
0
Construction Type: wilding y
County: Monroe County in Florida.
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BUILDING CONSTRUCTION PROJECTS (does not include single family cV
homes or apartments up to and including 4 stories) . �
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Note: Cinder Executive Order (EO) 13655, an hourly minimum wage
of $10.80 for calendar year 2020 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January y
1; 2015. If this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.80 per hour (or the applicable wade
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2020. If this contract is covered by the EO and a
classification considered necessary for performance of work on �
the contrast does not appear on this wage determination, the
x
contractor must pay workers in that classification at least the W
wage rate determined through the conformance process set forth
in 29 CFR 5.5(a) (1) (ii) (or the EO minimum wage rate, if it is
higher than the conformed wage rate) . The EO minimum wage rate
will be adjusted annually. Please note that this ED applies to �
the above-mentioned types of contracts entered into by the co
federal government that are subject to the Davis-Bacon Act
itself, but it does not apply to contracts subject only to the
Davis-Bacon Related Acts, including those set forth at 29 CFR
5.1 (a) ( )- (60) . Additional information on contractor
requirements and worker protections under the EO is available
at www,dol.gov/whd/govcontracts.. >
Mo,dification Number Publication Date
0 01/03/2020 E
1 05/15/2020
ELEC0349-003 09/02/2019
0
Rates Fringes
ELECTRICIAN. . .. . . . . ,, ,, . . . . . k , , , , . . ,$ 35,36 12,77
-------------------------------------®_--------------__________-
ENGI04B7-004 07/01/2013
Rates Fringes
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity, , . . . . . . _ _ _ _$ 29,00 $1.50
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under. . . . . . 22.00 8,80 �
----------------------------------------------------------------
IRON0272-004 10/01/2019
Rates Fringes
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Page 2 C.13.b
IRONWORKER, STRUCTURAL AND
REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 25.49 11.99
------------------------------_-_------_-_-_-__-_---__----------- r
PAIN0365-004 08/01/2019 W
rtl
Rates Fringes
PAINTER. Brush Only- - , $ 20.21 11 .28 �
--------------------------®_----_-------------------------------
aFFL081-001 01/01/2020 N
Rates Fringes oo
SPRINKLER FITTER (Fire
sprinklers} , . . . , 3 . « 5 29,18 19,75
---------------------------------------------------_.___-_-------
SHEE0032-003 12/01/2013 y
Fates Fringes �
SHEETMETAL WORKER (HV'AC Duct
Installation) . . . . . . . . . . . . . . .. . „$ 23,50 12,18
---------------------------------------------------------------
SUFL2009-059 05/22/2009 �
Rates Fringes
N
CA.RPENTER. . . . . . . . . . . . . . . . . . . . . .. . .$ 15.08 5,07
r
CEMENT SON/CONCRETE FINISHER, . . 12 .45 0.00 '
FENCE ERECTOR,. . . . _ . . . . . . . . . . . . .$ 9,94 0,00 �
LABORER: Common or General. . . . . .$ 8. 62 0.00 �
LABORER; Pipelayer. . . 4 . .. . . , , , . .$ 10,45 0.00
OPERATOR- Backhoe/Excavator.. . . . .$ 16,98 0.00
OPERATOR: Pager (Asphalt, �
Aggregate, and Concrete) . . . , , —$ 9.58 0.00 0)
2
OPERATOR: Pump. . . . . . . . . . . . . . . . .$ 11.00 0,00
0
PAINTER: Roller and Spray. . . . . . .$ 11.21 0.00
PLcrBER. . . . . . , „ , . . . , $ 12.27 3.33
R,,,CF R, Built Up,
Comp Osition, Hot 'Tar and
Single Ply. . . S 14 ,33 &0A0
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SHEET" METAL WORKER, Excludes
I4VAC Duct Installation. . . . . . . . . . .$ 14.41 3
TRUCK DRIVER, Includes Gump Uj
and 10 Yard Haul Away. . . , . . . . , . .$ 8,00 0115
WELDERS - Re eive rate prescribed fox, craft performing �
operation tc which welding is incidental.
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Page 3 C.13.b
Mote: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the y
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year; N
Employees must be permitted to use paid sick leave for their �
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is CD
like family to the employee) who is ill, injured, or has other r
health-related needs, including preventive care; or for reasons co
resulting from; or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www,dol.gov/whd/gavcontracts. y
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) =
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The body of each wade determination 'ists the classification N
and wage rates that have been found to be prevailing f� r the
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cited type(s) of construction in the area covered by the wage co"
determination. The classifications are listed in alphabetical
order r.pf ""identifiers""' that indicate whether the particu'ar
rate is a union rate (current union negotiated 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 """'SUM41 or
"'UAVG'' denotes that the union classification and rate were 0)
prevailing for that classification in the survey. Example, 2
PLUM0198-005 07/01/2014 , PLUM is an abbreviati :>n 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 negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated t :b reflect all rate
changes in the collective bargaining agreement (CSA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "'I'SU"" identifier indicate that E
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
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Page 4 C.13.b
rates reported in the surveys it may include both union and
non-union rates. Example-, SULA2012-007 5/13/2014, SU indicates
the rates are survey rates based on a weighted average y
calculation of rates and are not majority rates. :LA indicates W
the State of Louisiana. 2012 is the year of survey on which r
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 N
date for the classifications and rates under that identifier.
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Survey wage rates are not updated and remain in effect until a N
new survey is conducted, r
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Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications, however, 100% of the data reported for the y
classifications was union data. EXAMPLE: UAVG-CH-0010
08/29/2014 . UAVG indicates that the rate is a weighted union �
average rate. OH indicates the state. the next number, 0010 in
the example, is an internal number used in producing the wade
determination, 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
UAVG rate will be updated once a year usually in January of
each year, to reflect a weighted average of the current
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negotiated/CBA rate of the union locals from which the rate is
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based. cv
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WAGE DETE INAT'I,:.`N APPEALS PROCESS �
1. ) Has there been an initial decision in the matter? this can
be:
an existing published wage determination
a survey underlying a wage determination
' a Wage and Hour Division letter setting forth a position on �
a wage determination matter
a conformance (additional classification and rate) ruling
0
On survey related ratters, initial c<aontact, including requests
for summaries of surveys; should be with the Wage and Hour �
Regional Office for the area in which the survey was conducted
because those Reginnal ?ffices have responsibi ity for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2,)
and 3. ) should be folly)wed.
i_
With regard to any other matter not yet ripe for the formal
UJ
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write tit >
Branch of Construction Wage Determinations
Wage and Hour Division �
U.S. Department of Labor'
200 Constitution Avenueo N.W.
Washington, DC 20210
2. ) If the answer to the question in 1.) is yes, then an
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Page 5 C.13.b
interested party (those affected by the action) can request
review and reconsideration from the Wage and Flour Administrator
(See 29 CFR Part 1.8 and 29 C;FR Part 7) , Trite to, ur
Wage and Four Administrator r
U.S. Department of Labor
200 Constitution Avenue, NSW.
Washington, DC: 20210 N
The request should be accompanied by a full statement of the
interested party's position and by any information (wage cv
payment data, project descriptiono area practice material, r
etc.) that the reguestor considers relevant to the issue. co
3.) if the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the stage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor �
200 Constitution Avenue, N.W.
Washington EEC 20210 cB
4, ) All decisions by the Administrative Review Board are final.
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END OF GENERAL DECISION"
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C.13.c
VENDOR CERTIFICATION REG UT E COMPANIES LISTS
Project Description(s):_Chemical Water"Treatment Services for Monroe County
Respondent Vendor Name: Advance Water Technology,Corp
Vendor FEIN: 41-2113877
Vendor's Authorized Representative Name and Title: Maria Morales, Secretary
Address:
City:_Hialeah State:—Florida Zip:_33015
Phone Number: 305-828-5616 y
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Email Address: mm.awt@earthlink.net
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services 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 U
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for
goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which T
were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" 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 c
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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,attorney'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
boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria. -
Certified By:_Maria Morales who is authorized to sign on behalf of the above referenced company.
Authorized Signature: _ -14
Print Name: Maria Morales
Title: Secretary
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