05/30/2020 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with: Anderson Outdoor Advqg Contract#
Effective Date: 5/30/2020
Expiration Date: 5/31/2021
Contract Purpose/Description:
Bus shelter advertising throughout the County to promote the use of masks
to help reduce the spread of COVID-19
Kristen Livengood
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Kristen Livengood Public Information
(Name) (Ext.) (Department/Stop 4)
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $
(must be less than$50,000) (If multiyear agreement then
12,600.00 requires BOCC approval,unless the $6,300.00
total cumulative amount is less than
$50,000.00).
Budgeted? Yes❑ No 0 Account Codes: 125-0459413-
Grant: $ 12.600.00 53490=_-
County Match: $ TBD C(3VGB3 -_-
530498
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For: Installation as needed
(Not included in dollar value above) (e.g.maintenance utilities janitorial,salaries etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date In
Digitally signed by Shannon
Department Head Yes❑No Shannon Weiner Wainer
Dale:2020.10.05 16:33:26-04'00'
plynanysle°d ey a,dsnn°mm°nano
Christine
Count Attorney Yes❑No❑ "'rya°"'e�e"'
y Y Limbert-Barrows ° °°',Zs°
Maria Slavik Digitally
igiital 02illy1 SA84Ba0 00'
Risk Management Yes❑Idol❑✓
J u I I Q C u n Q O Digitally signed by Julie Cuneo
Date:202D.10.0518:58:26
O.M.B./Purchasing Yes❑No0 G IIG 26
-04'00'
Comments: County match dependent on funding--CARES or FEMA
No insurance is required.
Revised BOCC 3/18/2020
Page 74 of 92
AGREEMENT FOR BUS STOP ADVERTISING
MONROE COUNTY
and
Anderson Outdoor Advertising,Inc.
THIS AGREEMENT is made and entered into this 30th day of May,2020 by and between
Anderson Outdoor Advertising,Inc.,a for profit corporation,authorized to do business in the
State of Florida, (hereinafter referred to as "Contractor", and Monroe County Board of
County Commissioners (Board), a political subdivision of the State of Florida, (hereinafter
referred to as"County").
WHEREAS,the Board considers that COVID-19 presents a danger to the health,
safety, and welfare of the public; and
WHEREAS, the Center for Disease Control (CDC) recommends wearing cloth face
coverings in public settings in order to slow the spread of the COVID-19 virus; and
WHEREAS,the Board finds it is in the best interest of public health, safety and welfare
of the residents and workers of, and visitors to, the Florida Keys to require suitable face
coverings in public location to slow the spread of COVID-19; and
WHEREAS, the Board determined that the implementation of an ordinance was
necessary for the preservation of the health, safety, and welfare of the community; and
WHEREAS,the Board passed and adopted Ordinance 014-20 at its June 17,2020 meeting and
subsequently amended said Ordinance with Ordinance 022-20 at its July 15, 2020 meeting;
Ordinance 024-20 at its July 21, 2020 meeting; and Ordinance 026-20 at its August 19, 2020
meeting; and
WHEREAS,in an effort to ensure that both residents and visitors are made aware of the
requirement to wear masks,the Board has directed staff to place messaging and advertisements
throughout the County to educate and advise the public of this requirement; and
WHEREAS, Anderson Outdoor Advertising is a company that operates in the Florida
Keys and is the sole operator and provider of bus shelter advertisement along US 1 in Monroe
County and at the Key West International Airport,
NOW THEREFORE,in consideration of the mutual promises and covenants contained
herein,the parties hereby agree as follows:
1. Description of Goods/Services. Contractor will lease advertising space on 8 bus shelter locations
throughout the Keys, specifically 2 in Key Largo, 2 in Marathon, 2 in the Lower Keys and 2 in
Key West at a cost defined in Section 4. Fees,Invoices. The Contractor will also provide airport
LCD screen advertisement at no cost at the Key West International Airport on a space-available
basis. Contractor installing the advertisement at a cost defined in Section 4. Fees, Invoices.
2. Term. This Agreement is effective from May 30,2020 through May 31,2021 ("Initial Term").
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At the end of the Initial Term,this Agreement can be renewed in writing for additional periods
("Renewal Terms")from one month to one(1)year,subject to the mutual agreement of the
parties. Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the BOCC. The placements of the advertisements are in
response to COVID-19 and are in accordance with the County's ordinances and therefore in
accordance with Sec. 5.0 Termination,the County may terminate this agreement during the
initial term should the messaging/advertisement need to be removed due to changes in
circumstances or due to the rescission of ordinances requiring mask covering in public.
3. Fees.Invoices.
a) The Contractor shall charge the following monthly rates per location for a total amount of
$1,050.00 per month for all bus shelter advertisements:
• Key Largo: 2 Bus shelter ads at a cost of$125.00 per Bus shelter ad space or$250.00
per month
• Marathon: 2 Bus shelter ads at a cost of$125.00 per Bus shelter ad space or$250.00
per month
• Lower Keys: 2 Bus shelter ads at a cost of$125.00 per bus shelter ad space or$250.00
per month
• Key West: 2 Bus shelter ads at a cost of$150.00 per Bus shelter ad space or$300.00
per month.
b) A $30 installation fee per ad will be charged for each installation which includes the initial
installation and any subsequent installations that may occur as advertising messages change.
These charges are not part of the monthly rate and will only be incurred when new
advertisements are requested.
c) All charges will be paid for by the County upon presentation of an invoice, in accordance
with the Florida Local Government Prompt Payment Act. The invoices must be delivered
to:
Kristen Livengood
Monroe County Public Information Officer
1100 Simonton St. Suite 2-205
Key West, FL 33040
and also e-mailed to:
Livengood-Kristen@monroecounty-fl.gov
d) Contractor shall submit to County invoices with supporting documentation acceptable to the
Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and
such laws,rules and regulations as may govern the Clerk's disbursal of funds.
e) Each invoice shall list the locations and cost per location, as well as any applicable
installation fees.
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f) The County is exempt from sales and use taxes. A copy of the tax exemption certificate will
be provided upon request.
g) The maximum amount that can be charged under this Contract is$49,999.99.
5.0 TERMINATION
a) The County may terminate this agreement during the initial term by providing one(1)week
notice should the messaging/advertisement need to be removed due to changes in
circumstances or due to the rescission of ordinances requiring mask covering in public
b) In the event that the CONSULTANT shall be found to be negligent in any aspect of service,
the COUNTY shall have the right to terminate this agreement after five days' written
notification to the CONSULTANT.
c) Either of the parties hereto may cancel this Agreement without cause by giving the other
party thirty (30)days written notice of its intention to do so.
d) Termination for Cause and Remedies: In the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate
this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the
covenants herein contained at the time and in the manner herein provided. In the event of
such termination,prior to termination,the COUNTY shall provide CONTRACTOR with five
(5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the
breach that has occurred. If the breach is not cured, the Agreement will be terminated for
cause. If the COUNTY terminates this agreement with the CONTRACTOR,COUNTY shall
pay CONTRACTOR the sum due to the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds remaining in
the contract; however, the COUNTY reserves the right to assert and seek an offset for
damages caused by the breach. The maximum amount due to CONTRACTOR shall not in
any event exceed the spending cap in this Agreement,which is$49,999.99 . 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.
e) Termination for Convenience: The COUNTY may terminate this Agreement for
convenience,at any time, upon one(1)weeks' notice to CONTRACTOR. If the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR
the sum due to the CONTRACTOR under this agreement prior to termination,unless the cost
of completion to the COUNTY exceeds the funds remaining in the contract. The maximum
amount due to CONTRACTOR shall not exceed the spending cap in this Agreement,which
is$49,999.99.
f) For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5),Florida Statutes or has been placed
on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel,
the County shall have the option of(1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes,are met.
For Contracts of $1,000,000. or more, if the County determines that the
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Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with
Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List,or been engaged in business operations in Cuba or Syria,the County shall
have the option of(1)terminating the Agreement after it has given the Contractor/Consultant
written notice and an opportunity to demonstrate the agency's determination of false
certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2)
maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes,are met,
6.0 Miscellaneous.
6.1 Assignment. Neither party may assign (voluntarily, by operation of law, or otherwise) this
Agreement (or any rights or obligations contained herein) without the prior written consent of
the other party,whose consent shall not be unreasonably withheld. Any permitted assignee shall
assume all obligations of its assignor under this Agreement. Any purported assignment or
transfer in violation of this section shall be void.
6.2 Entire Agreement. This Agreement is the entire agreement between the parties. This Agreement
supersedes all prior or contemporaneous oral or written communications, proposals, and
representations with respect to the subject matter covered by this Agreement. The terms and
conditions of this Agreement can only be modified via a written agreement signed by all parties.
6.3 Counterparts. This Agreement may be executed by the parties in separate counterparts each of
which when so, executed and delivered shall be an original, but all such counterparts together
shall constitute but one and the same instrument.
6.4 Notices. Any notice, communication or payment required under this Agreement shall be
addressed as follows:
Coun_q: Contractor:
Monroe County BOCC
1100 Simonton Street
Key West, FL 33040
Attn: Roman Gastesi, Attn.
County Administrator
6.5 Authority. Each party represents to the other that execution, delivery, and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
6.6 Federal and State Required, Public Records, and Scrutinized Business Contract Clauses. The
clauses included in Attachment A are hereby incorporated in this Agreement.
4
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed the date set forth
below.
The parties hereby agree and consent to the tenses and conditions of the Agreement and acknowledge
such by executing the Agreement below.
Executed by:
Monroe County BOCC Accepted By:
q` 1 sxtvq kygmw+x prkNa9
Roman Gastesl
Signature: y° Signature:
Printed Roman Gastesi Printed
Name: Name:
Title: County Administrator Title: P
Date Date
Signed: Signed: �-C7
Address: 1100 Simonton Street Address:
Key We FL 33040 R
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Email: astcsi ramantit,�monroecounty_ Email: � !, 1�L4k �
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MONROE COUNTY ATTORNEY
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CMSTINE LIMEERT-BARROWS
A99I9TANT COIJN '�A _RNEY
DATE;
5
ATTACHMENT A
FEDERAL,STATE,PUBLIC RECORDS AND SCRUTINIZED BUSINESS CONTRACT
CLAUSES
1.0 Eaual Employment Opportunity,No Discrimination Provisions:
CONTRACTOR and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party,effective the date of the court order. CONTRACTOR
or COUNTY agrees to comply with all Federal and Florida statutes,and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title
VII of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794),
which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age;5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255),as amended,relating
to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and
Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(PL 91-616),as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912,ss.523 and 527(42 USC ss.690dd-3 and 290ee-3),as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil
Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in
the sale,rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
USC s. 12101 Note),as may be amended from time to time,relating to nondiscrimination on
the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of,this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Camp., 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 H,¶C,agrees as follows:
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure
that applicants are employed,and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer, recruitment or
6
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation;and selection for training,including apprenticeship.The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
2) The contractor will,in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation,gender identity,or national origin.
3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to
furnish information.
4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided by the agency contracting officer,advising the labor union
or workers' representative of the contractor's commitments under section 202 of
Executive Order 11246 of September 24, 1965,and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965,and by the rules,regulations,and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules,regulations,and
orders.
7) In the event of the contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September
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24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,
or order of the Secretary of Labor,or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules,regulations,or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for non-compliance;provided,
however,that in the event a contractor becomes involved in,or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
administering agency the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
1.1 Provisions Required by Federal Law,2 CFR part 200.
Contractor and its subcontractors must follow the provisions, as applicable, as set forth in
Appendix II to 1 C.F.R. Part 200,as amended,including but not limited to:
A. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment
of mechanics or laborers must comply with 40 U.S.C.§§3702 and 3704,as supplemented
by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,
each contractor must compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours.Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
B. Rights to Inventions_Made Under a Contract or Agreement. If the Federal award meets
the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
8
C. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33
U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the
Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will
report violations to FEMA and the Regional Office of the Environmental Protection
Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and
subgrants of amounts in excess of$150,000.
D. Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see
2 CFR 180.220)must not be made to parties listed on the governmentwide exclusions in
the System for Award Management(SAM),in accordance with the OMB guidelines at 2
CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189)and
12689(3 CFR part 1989 Comp.,p.235),"Debarment and Suspension."SAM Exclusions
contains the names of parties debarred,suspended,or otherwise excluded by agencies,as
well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
E. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract,grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
F. Compliance with Procurement of recovered materials as set forth in 2 CFR§ 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act,as
amended,by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA)at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable,consistent with maintaining a satisfactory
level of competition,where the purchase price of the item exceeds$10,000 or the value
of the quantity acquired during the preceding fiscal year exceeded$10,000;procuring
solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
G. Americans with Disabilities Act of 1990,as amended(ADA)—The CONTRACTOR will
comply with all the requirements as imposed by the ADA,the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
9
H. Disadvantaged Business Enterprise (DBQ Policy and Obligation -It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement.The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard,all recipients and contractors shall take all
necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in
detail below), applicable federal and state laws and regulations to ensure that the DBE's
have the opportunity to compete for and perform contracts. The COUNTY and the
CONTRACTOR and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts,entered pursuant to this
Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR
SURPLUS AREA FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
(2) Assuring that small and minority businesses,and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by
small and minority businesses,and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses,
and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the
Minority Business Development Agency of the Department of
Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to
take the affirmative steps listed in paragraph(1)through(5)of this
section.
I. E-yeri
ft - The Contractor shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
Contractor during the term of the Contract and shall expressly require any subcontractors
performing work or providing services pursuant to the Contract to likewise utilize the
U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the Contract term.
Beginning January 1, 2021,the Contractor shall also comply with the provisions of F.S.
10
448.095 regarding utilization of the E-Verify system.
J. Access to Records - Contractor and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing
the Department of Homeland Security (DHS) and the Federal Emergency Management
Agency's (FEMA) access to records, accounts, documents, information, facilities, and
staff. Contractors must; 1. cooperate with any compliance review or complaint
investigation conducted by DHS, 2. Give DHS access to and the right to examine and
copy records, accounts, and other documents and sources of information related to the
grant and permit access to facilities,personnel, and other individuals and information as
may be necessary,as required by DHS regulations and other applicable laws or program
guidance, 3. Submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate backup documentation to support the reports.
K. DHS Seal. Logo and Flags - Contractor shall not use the Department of Homeland
Security seal(s),logos,crests,or reproduction of flags or likeness of DHS agency officials
without specific FEMA approval.
L. Changes to Contract-The Contractor understands and agrees that any cost resulting from
a change or modification,change order,or constructive change of the agreement must be
within the scope of any Federal grant or cooperative agreement that may fund this Project
and be reasonable for the completion of the Project.Any contract change or modification,
change order or constructive change must be approved in writing by both the COUNTY
and Contractor.
M. Maintenance of Records
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied.Records shall be retained for a period of seven years from
the termination of this agreement or for a period of five years from the submission of the
final expenditure report as per 2 CFR §200.333,whichever is greater. Each party to this
Agreement or its authorized representatives shall have reasonable and timely access to
such records of each other party to this Agreement for public records purposes during the
term of the Agreement and for four years following the termination of this Agreement.If
an auditor employed by the COUNTY or Clerk determines that monies paid to
CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by
this Agreement, or were wrongfully retained by the CONTRACTOR, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec.
55.03, of the Florida Statutes, running from the date the monies were paid by the
COUNTY.
1.2 Florida Division of Emergency Management Requirements:
A. The Contractor is bound by any terms and conditions of the Federally-Funded Subaward
and Grant Agreement between County and the Florida Division of Emergency
Management.
B. The CONTRACTOR shall hold the Division and COUNTY harmless against all claims
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of whatever nature arising out of the CONTRACTOR's performance of work under this
Agreement,to the extent allowed and required by law.
1.3 Florida Public Records Requirements:
Pursuant to F.S. 119.0701 and the terms and conditions of this contract,Contractor is required
to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records,provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not
transfer the records to the County.
(4) Upon completion of the contract,transfer, at no cost,to the County all public records in
possession of the Contractor or keep and maintain public records that would be required
by the County to perform the service. If the Contractor transfers all public records to the
County upon completion of the contract,the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of
the contract, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the County, upon request
from the County's custodian of records, in a format that is compatible with the
information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the Contractor does not comply with the County's request for records,the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor.A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section 119.10,Florida Statutes.
The Contractor shall not transfer custody, release, alter,destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided
by law.
12
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1,19, 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 BIZADLEY-BRIAN(i-i),MONROECOU'NT,V,-,FL,.(:-EO,V, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408,
KEY WEST, FL 33040.
1.4 Required Coun!y Forms
A. Public Entity Crime Statement. In accordance with F.S. 287.133, A person or affiliate
who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity, may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list,
B. Ethics Clause. In accordance with Section 5 (b) Monroe County Ordinance No. 010-
1990 Contractor warrants that it had not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the County may, in
its discretion, terminate this contract without liability and may also, in its discretion,
deduct front the contract or purchase price, or otherwise recover the full amount of any
fee, commission, percentage, gift, or consideration paid to the former County officer or
employee.
C. Non-Collusion Statement: The contractor shall provide the non-collusion certification.
D. Drug Free...Workl2lace. The contractor shall include an executed "Drug Free Workplace"
form.
E. Scrutinized Business Form
F. Minority Business Declaration Form.
13
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a
contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
I have read the above and state that neither /- t I- �d(Respondent's name) nor any
Affiliate has been placed on the convicted vendor list aithin the last 36 months.
ure)
Date: 4�2 L)
STATE OF: Flor
COUNTY OF: C)n rt)If
Subscribed and sworn to (or affirmed) before me, by means of 131physical presence or 0 online
notarization, one t- date) by r�(\j A i JILLte- LL'Ln (name of
affiant). Qfie)She is personally known to me or has produced
(type of identification) as identification. 0%
NOTARY PUBLIC
AMYN�PIERCE
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14
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
ONROE COUNTY, FLORIDA
ETHICS CLAUSE
o
jkpgit
Ft �t I 91
(Company)
".,.warrants that he/it has not employed, retained or otherwise had act on his/her behalf any farmer
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion„ terminate this Agreement without liability and may also,
in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount
of any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee.'„
(S. n ure)
Date:
STATE OF: e d"
COUNTY OF:
Subscribed and swam to (or affirmed) before me, by means of h"ysical presence or 0 online
notarization, on ` ' (date) b j h VL (name of
affiant). /She is personally known to me or has produced
(type of identification) as identification.
htY Ct��j Vi4S51t 2024
SO
TARY PLO I IC
y Commission Expires. 1r
15
NON-COLLUSION AFFI AVIT
1, of the city of according to law on my
oath, and under penalty of perjury, depose and say that
a. I am �- of the firm of
1 making the Proposal for
the -project described herein and that I executed the sai4:r�,oposal with full authority
to do so;
b. the prices in this bid/proposal/offer have been arrived at independently without
collusion, consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other
bidderlres pond ent or with any competitor;
C. unless otherwise required by law, the prices which have been quoted in this
bid/proposalloffer and (if applicable) have not been knowingly disclosed by the
bidder/respondent and will not knowingly be disclosed by the bidder/proposal prior to
bid opening, directly or indirectly, to any other bidder/respondent or to any
competitor,- and
d. no attempt has been made or will be made by the bidder/respondent to induce any
other person, partnership or corporation to submit, or not to submit, a bid/proposal
for the purpose of restricting competition;
e. 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.
( i�)Iure) -
Date:
STATE OE: -' ti (
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of a0hyysical presence or El online
notarization, on I (date) by (name of
affiant). He he is personally known to me or has produced
(type of identification) as identification.
MY COMWSSIOC
04z� NOTARY PUBLIC
Icy Commission Expires- '
16
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition,
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in 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.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
�L�211r,A 1 e W W
(Si 1!!n ture)
Date: c))
STATE OF:
COUNTY OF: It
Subscribed and sworn to (or affirmed) before me, by means of[11_115hysical presence or 0 online
notarization, on (date) by J (name of
affiant). (Ve She is personally known to me or has produced
(type of identification) as identification.
e ,� AM-Y N PIERCE
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17
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description{s : �� �r YY
Despondent Vendor Name: °
Vendor FEIN:
Vendor's Authorized Representative Name and Title: t l
Address: , ( t
City: ' State: Zip
Phone Number:
Email Address:
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 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 cither the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which 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 "Despondent 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 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: ' — ,who is authorized to
sign on behalf ofthe above renc d co pany.
Authorized Signature:
Print N e: ,
Title: 7 '
Note: The List are available at the following Department of Management Services Site:
l Ott :/lw�vw.d� s.l� florica.com/bus€��ess c�X�crario s state I)urciiasinL,rvendor in orniatioii/cc)nviciecx 5ti.L;:
nded discriminatorw cc)niDia nls 1 dn—
1S
fut
a sub-contractor engaged by Monroe County during the completion
of work associated with the below indicated project
(Check one)
is a minority business enterprise,as defined in Section 288.703, Florida Statutes
or
is not a minority business enterprise,as defined in Section 288.703, Florida Statutes.
F.S.288.703(3)"Minority business enterprise"means any small business concern as defined in subsection(6)(see
below)which is organized to engage in commercial transactions,which is domiciled in.Florida, and which is at least
5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or
gender makeup or national origin,which has been subjected historically to disparate treatment due to identification
in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and
whose management and daily operations are controlled by such persons.A minority business enterprise may
primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is
the result of a transfer from a nonminority person to a minority person within a related immediate family group if
the combined total net asset value of all members of such family group exceeds$l million.For purposes of this
subsection,the term"related immediate family group"means one or more children under lb years of age and a
parent of such children or the spouse of such parent residing in the same house or living unit.
RS 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or
fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than $5
million or any firm based in this state which has a Small Business Administration 8(a)certification. As applicable to
sole proprietorships,the$5 million net worth requirement shall include both personal and business investments.
7.0 Contractor may refer to F.S. 288.703 for more information.
Contractor G i w L Sub Recipient: Monroe County
Digitally signed by Julie Cuneo
r Julie Cuneo Date 2020 90 94 12 18 12-04'00'
Sture Signature
Julie Cuneo
Print Name: Printed]dame: _-
Title: Title/OMB Department: mallagenlent iness Services Administrator
Verified via:
tttt)s://osd.drlis.mvflorida.coni/directot-ies
Address: .��r,
ec-, ,,I DEM Contract: Z1859
City/State/Zip__
— FEMA. Project Number
Date: 10/6/2020
19