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07/21/2021 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Check Electric Contract# Effective Date: Expiration Date: Contract Purpose/Description: Rockland Key Public works Trailer Electrical Service Connection Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Breanne Erickson x4427 ! Project M n1t/ Stop #1 (Name) (Ext.) (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ (must be less than$50,000) 13,200.00 (If multiyear agreement then 13,200.00 requires BOCC approval,unless the t0b1[UMIL1l.3ti�0 M110U111 iS 10�s 1,115311 S'�u.ouo.W). Budgeted? Yes[Z] No❑ Account Codes 304_24000_560620_n_ Grant: $ _-_-_-_- County Match: $ _-_-_-_- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: iof included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES F-71 NO 0 CONTRACT REVIEW Changes Date In Needed Reviewer Date In Department Head Yes❑No ✓❑ Cary Knight Dzie�2021..07.19y19 j24iO4'00' 7-19-2021 County Attorney Yes❑No❑✓ Joseph X. DiNovo Digitally 202ign7.16 15 53 29- '00' 7-16-2021 Date:20signe 1b 1 Joseph X. DiN lig ly signed by Maria L Risk Management Yes❑No ✓❑ Maria L. Slavik Datlea'202907.20081922 01400' 7-20-2021 John Qunn 0.M.B./Purchasing Yes❑No ✓❑ John Quinn Datlea1202907.20y0923:556104'00' 7-20-2021 Comments: Revised BOCC 10/21/2020 Page 83 of 101 MONROE COUNTY BOARD F COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR Rockland Key Public Works Trailer Electrical Service Connection NON-MANDATORY! Pre-bid Job Walk for Public Works Trailer 123 Overseas Highway, Rockland Key, FL 33040 on March 31, 2021 at 11:00 am T , BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coidiron, District 2 Mayor Pro Tern David Rice, District 4 Craig Cates, District 1 Eddie Martinez, District 3 Mike Forster, District 5 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Dir. of Project Management Kevin Madok Cary Knight 1/5/2020 PREPARED BY: Monroe County Project Management Department R4onrcx:County Project Management r 1100 Sonar neon Street.2-216 ,m key West,3'1. 330.111 Monroe County Project Management Date: March 10, 2021 Scope of Work Run electrical service to Public Works trailer. Job Name: Rockland Key Public Works Trailer Electrical Service Connection Job Location: 123 Overseas Highway„ Rockland Keys FL 33040 Contact: Project Management Raj Ramsingh Ramsinah-Rai(&monroecggniy-fl.gov (305) 394-0423 Facilities Management Willie DeSantis ®_desantis-william&monroecount PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview a. A job walk is scheduled for March 31, 2021, at 11:00 A.M. at the job location. All Quotes are due by April 16, 2021, 3:00 P.M. via email to Ramsingh-Raj@monroecounty-fl.gov. All Quotes must state they will be good for one hundred twenty (120) calendar days from submittal due date. 2. Project Intent and Scope a. Contractor shall supply all of the needed materials and hardware to complete the project and properly dispose of debris. b. Connect electrical service to temporary site trailer. Page 2 of 47 u5 Warm County Amject Mmtagearsent 3 100 Ssmor non Strc t,?-)16 KLy West,K 33040 3. Summary of General Requirements a. Contractor is required to provide protection for all existing surfaces. To include, but not be limited to: i. Deck and Ramps ii. Vehicles and Personal Property iii. Trees and Landscape iv. Asphalt Road . The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. c. Provide a dumpster, containment bin, or similar device for the collection and containment of construction generated debris. d. Load, haul, and properly dispose of all construction debris. e. Provide and maintain appropriate (OSHA required) construction warning signs and barriers. f. Furnish all required work site safety equipment. g. Furnish and maintain on-site Safety Data Sheets (" S") for all materials used in the construction. h. Construction work times shall be limited to: :00 A.M. to :00 P.M. onday- Friday. i. All materials shall be approved by submittal prior to commencement of work. j. Contractor shall provide a lump sum price by April 1 , 2021, at : 0 P.M. via email as noted herein. k. Contractor needs to be aware of weather and location and plan accordingly. i. Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. . Contractor shall provide a safety lift plan for all crane/hoist work. n. Contractor to provide schedule for all phases of the project. Page 3 of 47 Monroe Courity Project Management m r' 1100 Simonton Street.2-216 Key West,FL 330•10 Y o. Contractor to provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment„ p. Contractor to coordinate all activities with concurrent site work being performed. q. By signing this agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County web page: hftp://fl-monroecounty.civicplus.com/Bids.aspx?CatlD=l 8 r. Insurance Requirements: Workers' Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Business Vehicle $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not-required Construction Bond Not-required The Monroe County Board of County Commissioners shall be named as Additional Insured on General Liability and Vehicle policies. Page 4 of 47 Monroe County Project Management 1100 Simorion 5tmet.2-216 1 � Key bear:FL 33040 s. The Contractor shall be required to secure and pay for all permits required to perform the work. t. The Contractor is required to have all current licenses necessary to perform the work. u. Indemnification, Hold Harmless and Defense. 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 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 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 or 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 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 contract 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 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 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. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. Page 5 of 47 ilk i „ Adcsatrese County PtssjeeC h7uetagcrnent 1100 Smionton Street,2-216 Key West,FL 33040 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. 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, 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, 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 in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. v. NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. w. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR PLOYS. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, Page 6 of 47 Maattrsrot Csesanty Prajcct Management 4100 Simonton Street.2-216 Kcyy West,FL 33040 commission, percentage, gift, or consideration paid to the former County officer or employee. x. CODE OF ETHICS. County agrees that officers and employees 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. y. DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the Contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows: i. They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. ii. 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. iii. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (i). iv. In the statement specified in subsection (i), 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. v. 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, for any employee who is so convicted. vi. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS I. NONDICI INTIOIUL EMPLOYMENT OPPORTUNITY. Page 7 of47 J 's Monroe County Project Management .,< 1100 S n canton Buret,2-216 key West,FL 33€40 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 VIl 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 50 of the Rehabilitation Act of 1973, as amended (20 USC s. 79 ), 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, 16 -165 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 1126 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F. . Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix Il, 11 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, Page 8 of47 Gi Mmiroc County Project Management 1100 Srtnoaataprr SCrcefl.?=216 key West,F1 33040 but not be limited to the following: Employment, upgrading;, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.: (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or 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 CONTACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be Page 9 of 47 S Monroe County Project Managemcnt 1100 Simonton Strect.2.216 Frey West,P-L 33040 ,tf 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. II. TERMINATION. a. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the CONTRACTOR, b. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. c. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Page 10 of 47 h C"a6¢Y �11 Monroe County Project Managenient IIb(9 Simonton Street,?-31Cr Jf Key West,FL 33040 il Ordinance, located at Art. I , Section 2-721 et al. of the Monroe County Code. d. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon seven (7) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,., unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. e. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. III. MAINTENANCE OF RECORDS. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and audit purposes during the term of the Agreement and for seven (7) 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. Page 11 of 47 a � Monroe County Project Management 1100 Summon Sireet.'2>?M ,r Key West,FL 33040 IV. PUBLIC ACCESS. The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. CONTRACTOR shall be referred to herein also as "Contractor" for this provision only: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 11 , Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not displosed 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 Page 12 of 47 Monroe Ctanntp P jrct Management V,,'. i I00 Simonton Strcct..2.:216 ° � r Kky Wcst,I-L 33040 u, 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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470 DLEY-BRIAN OOECOUTY-FL.GOV OOE COUNTY ATTOEY'S OFFICE, 1111 12T" Street, SUITE 08, KEY WEST, FL 3300. V. RIGHT TO AUDIT Avaifabifity of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list,etc.); original estimates;estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting Page 13 of 47 41t 7}141Y'e' 111 w{F'L` Nionrsx:County Project M:asragcrncni k !100 Simonton Strut,2-216 key West,F'l_ 330.10 documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractor's representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. 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, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. VI. PAYMENT OF FEES/INVOICES Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk).Acceptability to the Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the Owner. VII. VERIFY SYSTEM Beginning January 1, 2021, in accordance with Fla. Stat. Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing Page 14 of 47 M€nute County Project Mareager€rint 1It}DSttzrcrntntr Street,2-2i6 KLy testa FL 33040 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 work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat. Sec. 448.095. Vill. NOTICE REQUIREMENT Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, 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 is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: 4�F, ��� �� ���� r( LAG For Owner: Director of Project Management Assistant County Administrator, 1100 Simonton St.. Room - 16 1100 Simonton St. Key Vest,Florida 300 Key West, Florida 33040 IX. UNCONTROLLABLEI T . Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Prty's control, without such Prty's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: O acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier Page 15 of 47 r Monroe County Project Management I t00 SBmDnton Street,2-216 a. Key West,FL 33040 actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. X. ADJUDICATION OF DISPUTESI A T . 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 the parties. If the issue or issues are still not resolved to the satisfaction of the parties, 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.This provision does not negate or waive the provisions of Article II concerning termination or cancellation. FEDERAL REQUIRED CONTRACT PROVISI The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. 200.326 Contract Provisions and 2 C.F.R., Appendix II to Part 200, as amended, including but not limited to: I. Clean Air Act (42 U.S.C. §§7 01-7671g.) and the Federal Water Pollution Control Act ( 3 U.S.C. §§1251-137) as amended. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act ( 2 U.S.C. §§701-7671 ) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 121-137) and will report violations to FEA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act ( 2 U.S.C. § 701-771 .) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-137), as amended, applies to Contracts and subgrants of amounts in excess of$150,000. II. Davis-Bacon Act, as amended ( 0 U.S.C. 311-31 ). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities Page 16 of 47 r tt„ak Munroe County Project Mrsnarnent t ISM}Simonion Street.2-296 kcy West,R. 33040 must comply with the Davis-Bacon Act (40 U.S.C. 311-3144, and 3148- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit W and made a part hereof}. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The COUNTY must report all suspected or reported violations to the Federal awarding agency: When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement 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 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. a. 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. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. III. 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. Page 17 of47 s { � Monrm County 1'rra'ect Management 1100 Snmonton Street:2-216 T t Joey West.rL 33040 §§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) 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 ( 0) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence,. IV. Rights to Inventions Made Under a.Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR 01.2 (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. V. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SA ), 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. VI. 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 Page 18 of 47 Monroe County Pro3ect Management 1100 Simonton Saw.2-216 Key West,FL 33040 Federal award. Such disclosures are forwarded from tier to tier up to the non- Federal award. VII. 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 designed in guidelines of the Environmental Protection Agency (EPA at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired; (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, hgpl.,//www.eoa.ciov/smm/comprehensive-pLocurement-guidgline-_cpq- pEggram- VIII. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR§ 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or( ) Enter into a contract (or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 89, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Page 19 of 47 Monroe County hrojcce Mtanagernent P 1 100 Simonton Street.2-216 �p 5; key West,FL. 33040 (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of covered foreign country. IX. Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. OTHERI I. Americans with Disabilities Act of 1990 (ADA), as amended. The CONTRACTOR will comply with all the requirements as imposed by the AA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. II. Disadvantaged Business Enterprise DBEPolicy and Obligation. It is the policy of the COUNTY that '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 DE'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. 00. 21 ( s set forth below), applicable federal and state laws and regulations to ensure that the D E's have the opportunity to compete for and perform contracts. The COUNTY and the Page 20 of 47 4 t ' I M1ictnme C`owity Project Management 0 1 MO Smonton Street 2.216 Kcy West.F1. 33040 , 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 OEN'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: L Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 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 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. vi. Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (i) through vi) of this section. III. The Contractor shall utilize the U.S. Department of Homeland Security's - Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. IV. Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FA) 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 Page 21 of 47 Monroe County Project Management j 1100 Sunor non Snr;et.2-216 key Ardent FL, 33040 right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. V. DHS Seal, Logo, and Flags. Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FE A approval. VI. Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. VII. Compliance with Federal Law, Regulations, and Executive Orders. 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, FE A policies, procedures, and directives. VII1. No Obligation by Federal Government. The Federal Government is not party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. IX. Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. X. 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: hftr)s://www.monroecounty-fl.gov d ntareement XI. The Contractor shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. Page 22 of 47 p7 Monroe County Project Managment 1100 Smontnn Street.2-216 key Vest,FL 33040 PROPOSAL TO: Monroe County Project Management 1100 Simonton St., Room 2-216 Key West, FL 33040 PROPOSAL FROM: 1( _ P IrMic -- The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Rocklandlie Works Trailer Electrical Service i and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within ten (10) calendar days after the date of issuance to the undersigned by Owner of the Purchase Order. Onre commenced, undersigned shall diligently continue performance until completion of the Project; The undersigned shall accomplish Substantial Completion of the Project within Forty-Five (45) calendar days. The undersigned shall accomplish Final Completion of the Project within Thirty (30) calendar days thereafter. Page 23 of 47 Monroe County Project Management 1100 Sirsssantun Sired.2-216 Eve} `CSt.F'r(, 33040 IJ 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. --- Jnjrcd Dollars (Total Base Proposal-words) $ 1 Dollars (Total Base Proposal— numbers) acknowledge Alternates as follows: NIA acknowledge receipt of Addenda No.(s) or None No. Dated Page 24 of 47 JS X )4 lti° � t � � Monroe Count) Project Manngcrnent 1100 Simonton Street-2.216 key West,FL 33040 �� 4x In addition, Proposer states that he/she has included a certified copy of Contractor's License, Monroe County Business Tax Receipt, and Certificate of Liability showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. IN WITNESSWHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor: Mailing Address: :3a5,:)� E1()Qt(-HVr 4�303 LQ� Wt:aj FL- 330-� (-O Phone Number: E.I. .: Email: Date- Signed: (Na e) (Title) Zoa--S,M)t Contractor's Wit ess signature: Witness name: Date: The County acceptsthe above proposal: MONROE COUNTY, FLORIDA ° Date: 07.21.2021 �' By: County Administrator or designee Page 25 of47 7-16-2021 _... .. . v r ��m^ tt ; NIGnrme County roject Management j 3 1100 simornon Street 2-216 Key hest,I'L 33040 inori!y Owned Business Declaration c a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) q is a minority business enterprise, as defined in Section 288.703, Florida Statutes or is not a minority business enterprise, as defined in Section 28 .70 , Florida Statutes. F.S. 2 .703(3) "Minority business enterprise" means any small business concern as defined in subsection ( )(see below) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51-percent-awned 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 uerreresetation 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 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 $1 million. For purposes of this subsection, the term "related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F,S 2 .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 (a) certification. As applicable to sole proprietorships, the 5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. Contractor., Sub-Recipient, Monroe County fgtatre Signature Print Name: "r Printed Name: Roman Gastesi Title: �` Title/OMB Department: County Administrator Verified via: Iittps:/osd.. s. yflori a.cof .�` irectories Address: DEM Contract: Z0002 City/State/Zip Date: FE A Project Number: Page 26 of 47 ....... . ...... A a Me reouve r a 1% W All Re ve C, c �r- 0- k;y CT E=EM C-I ............ .......... ............... LAW OV paFtes j le v c cm soon ........... r a .............. to- Monroe County Project Managonem t 1100 5isn€rr nun Sow.2.2l6 Key Wesi,FL 33040 rj a. NON-COLLUSION AFFIDAVIT 1, of the city of according to law on my oath, and under penalty of perju , depose and say that; 1. of the firm of the proposer making the Proposal for the project described in the notice for calling for proposals for: pr and that I executed the said proposal with full authority to do so; . The prices in this proposal 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 proposer or with any competitor; and . Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly e disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. o attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and . The statements contained in this affidavit are true and correct, and made with full novel said. t. ( gnature of Proposer) (date) STATE F: l _� ' COUNTY O : Subscribedand sworn to (or Ire ) before me, by means of ephysical presence or online notarization, on MN C61 (date) b (name of ffit). _Re/She is personally known to me or has produced (type of identification) as identification. tati"8.., RIEAL HRRERA m :rNotary Public-State of Florida NOTARY PUBLIC Commission tf G 909186 y Commission Expires /a3 October 25, 2023 0,5 L y commission expires: Ir Page 29 of 47 , Yy x�� 7�7yi Monroe Count) Project Mana���nent t 100 Simonton Street.2-2l6 Key West„FL 33040 LOBBYING AND CONFLICT of INTEREST USE SWORN STATEMENT UNDER ORDINANCE . 10-10 MONROE COUNTY, FLORIDA ETHICS CLAUSE chr—cy--.2 Cm C— YY (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 190 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 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". Signa ure Date: Y STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ff'physical presence or ❑ online notarization, on (date) by � (name of affiant). tje/She is personally nol a Pinr has produced (type identification) ide G ntification. ,III I'l pill 11 Notary Public-Stets of Florida . t.l .? Commission GG 081 8PUB y Commission Expires octobr 2 . 223 { y commission expit Page 30 of 47 i Monroe County Project Nianagment 1100 Sixrgonton 5trcet-?-?15 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name ofBusiness) 1. Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining 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. . Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specked in subsection (1)e 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, 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. Imposes 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. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. s the person authorized to sin the statement, I certify that this f complie ly with the above requirements. rooser' Signature t Date STATE OR BofXd . COUNTY F: =" - Subscribed and sworn to(or affirmed)before me, by means of ephysical presence or 0 online notarization, on (date) by (name of ffint)e He/She is ernallrkn p to me or has produced (type of identification) as identification. ER ERA ,g4Btl9 iBgP_.. GABFct y public t t� i F1or3 O NOTARYPUBLIC 113 � o c fission miss, par s October s, y commission expires. 1; b]ck:� ]a 3 PPyP ®S®6 Page 31 of 47 71t Monroe county Project Management 1100 im aaaton Stf&'.L°t 2-216 , } Kev`tN'cst,Ft. 33040 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, Florida Statutes, 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 _ (Proposer's name) nor any Affiliate has been placed on the convict vendor list within the last thirty-six (36) months. —(Signature) Date: STATE F: AlorlOcx COUNTY OF- MOD LQC Subscribed and sworn to (or affirmed) before me, by means of'! _ physical presence or online notarization, on 0 rn a I k - % 5 (date) by (name of affint). /She is personally known to me or has produced (type of identification) as identification. NOTARV PIZLIC (SEAL) My commission expires: 95 La Page 32 of 47 � #ajc #2 S-aq 2 Monroe Count},Project Management 11((}Sgrnonton Sircet.?-216 INSURANCE I T FORMS MONROE COUNTY, FLORIDA IS MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract(including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor.: Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. Page 33 of 47 i Monroe Count) Project Management 1�w4 1100 Simonton Strret.2-216 Kea°West,FL 33040 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance small not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management Department. Page 34 of 47 Monroe County Project Managcm nt a 1100 Simonton Street,2.216 Irv} west FL 33040 POPOS 'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers' Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits 100,000 Bodily Injury by Disease each employee General Liability $200,000 per Person, 300,000 per Occurrence $200,000 Property Damage or 300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or 300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners shall be named as Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION, L LESS and DEFENSE. 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 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 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, ( ) the negligence or 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 obligations that it undertakes under the terms of this Agreement, Page 35 of 47 ! l t Monroe Count),Project Managernent I 100 Smonlon Street,2-216 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 contract 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 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 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. 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. POPOR'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal: I Ll PROPOSER Signature Page 36 of 47 Monroe Coun�y Projecl Management 4 a t 100 Simonton 5trect,2-2t6 Key West.FL 33040 Certification Regarding Debarment, Susei , Ineligibility VoluntaryAnd clsi Contractor Covered Transactions (1) The prospective contractor of the Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred,, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: 13 y _.... Signature Recipient's Name Name and Title Division ContractNumber Street Address Project er i ate, Zip _... �a Date Page 27 of 47 rra!yl'r��' st, ,11A S ,, Nionm County Projcct Management � x 11€0 Simonkon Sired 2-216 r Wc-st,C'L 33040 VENDOR CERTIFICATION rNG SCRUTINIZED COMPANIESLISTS Project escrition(s): Cr Respondent Vendor e: Vendor FEIN: Vendor°s Authorized Ra rsentative Name aad Title: Address: City: State: Zip _ t— - .... Phone Nui r , Email Address Section 27.13 , 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 215.47 , Florida Statutes, or is engaged in a Boycott of Israel. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent VendorName" 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 287.13 , Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney°s fees, andlor 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 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 y: who is authorized to sign on behalf of the above referenced co Authorized Signature: Print Name: Title: Q1 L= Note:The List are available at the following Department of Management Services Site: htt :li .d s. floria.coml usin ss o r tionslstate urc asin iven or informationiconvicted sus ended discri inato co olaints vendor lists Page 28 of 47 ACCIMEP CERTIFICATE OF LIABILITY INSURANCE DATE(MtDDtY ) 07/13/2021 THIS CERTIFICATE IS ISSUE t3 A S A[BATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND CAR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPCSRTANT: If the certificate hrslder is an ACIJITI NAL II SLIREL7,the policy(/es)must he endorsed. If SUBRO ATION IS WAIVE ,subject—to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsernent(s). PRODUCER �� �• Ayden Phillips Island Insurance Agency,Inc. PHONEIV A/C o Ext: 305 294-6666 e 30 251-6663 3229 Flagler Ave#112 ADDRESS: islandinsurance@comeast.net INSURER(S)AFFORDING COVERAGE NAIC Key West FL. 33040 INSURER A: Security National Ins Co 19379 INSURED aINSU R B Check Electric,LLC INSURER C'. 3255 Flagler Ave INSURER D: Unit#303 INSURER E; Key West FL, 33040 INSURER F: —j'OVEPAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSU NCE LISTED SELOW HAVE BEEN ISSUED TC)ThIE INSUREDS NAMED ASCDVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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 SEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR ED POLICY NUMBER PAaA22 tdMiDI71YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL.LIABILITY PREMISES(Ea occurrence $ 100,000 CLAIMS-MADE ZOCCUR MED EXP(Any one person) $ 5,000 A I — — X SES165533903 05/20/2021 05/20/2022 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE. $ 2,000,000 GEN'LAGGRE GATE LIMITAPPLIESPER: PRODUCTS-C;OMPIOPAGG $ 2,000,000 POLICY PRO LC7G C V I Ilc 11 AUTOMOBILE LIABILITY _rugff RED SINGE Ea accident _ $ ANYAUTO BODILY INJURY{Per person} $ — — LHIRED OWNED SCHEDULED BODILY INJURY(Feraccident} �S UTOS ANUOTNO WNED tT ..$ Ter accident UMBRELLA LIAB OCCUR @ 1 EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION — WC STATU- i OTH- ANC!EMPLOYERS'LIABILITY Y 1 N TORY LIMIT'S ' ER ANY PROPRIETORIPARTNER'EXEC;UTIVE OFFICER/MEMBER EXCLUDED? N t A E.L.EACH ACCIDENT $ (Mandatory In NH It yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L..DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACCORD 101,Additional Remarks schedule,if more space is required) *****Certificate Holder is Additional Insured***** CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBER POLICIES BE CANCELLED BEFORE THE EXPIRATION[SATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. AUTHORIZED REi�REs Key West FL. 33040 I m07/13/2021 ACORD 25( G10105) ky C319t3 -2010 AC RI7 C RP RATION. All rights reserved. The ACRD name and logo are registered aaaarks'ca�ACRI� Client#: 77997 CHEEL1 DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 7/13/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amanda Lisenbey Acrisure dba Gulfshore Ins-SF PHONE 239 659-8867 FAX 239 213-2803 4100 Goodlette Rd N -MA Lo,Ext: (A/c,No): ADDRESS: alisenbey@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 Sirius America Insurance Company 38776 INSURER A: P Y INSURED INSURER B: Check Electric, LLC INSURER C dba Pro Tech Connections 3255 Flagler Ave INSURER D: Key West, FL 33040 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY pprev Risk n t EACH OCCURRENCE $ Y! DAMAGE TO RENTED CLAIMS-MADE OCCUR ""r PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: q �a�t�aq GENERAL AGGREGATE $ PRO- 7® I ®GVG I POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WC6971400 04/01/2021 04/01/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1709890/M1677477 MJE kmeniv: I vzo 154 I IIZVKU I tI.UIV ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE 5/2021(MM/DD/YYYY) 7/1(MMIDD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tobey Breslin McGriff Insurance Services PHONE 239-280-3814 FAx 9200 S. Dadeland Blvd, Ste 314 e a Lo,Ext: (A/c,No): 866 802-8680 ADDRESS: tbreslin@mcgriff.com Miami, FL 33156 INSURER(S)AFFORDING COVERAGE NAIC# 305 670-0083 INSURER A:Vantapro Specialty Insurance Co. 44768 INSURED INSURER B: Check Electric LLC dba INSURER C: Protech Connections 3255 Flagler Ave#303 INSURER D Key West, FL 33040 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY Approved ved Risk M t EACH OCCURRENCE $ !�! �.! E'� 1�1 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Anyone person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: ®� ®¢y�¢y POLICY JECT LOC GENERAL AGGREGATE $ PRO- G G PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY 5087013401 8/28/2020 08/28/2021 COMBINED SINGLE LIMIT 1 000 000 Ea accidentee ANY AUTO BODILY INJURY(Per person) $ AUTOS ONLY X SCHEDULED BODILY INJURY(Per accident) $ AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE IER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) When required by written contract, Monroe County BOCC Is named as an additional insured with respect to the commercial auto per Form SA 00039 00(01/18). Blanket waiver of subrogation applies per Form CA 04 44 1013. CERTIFICATE HOLDER CANCELLATION Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD This page has been left blank intentionally. Check Electric LLC dba POLICY NUMBER: 5087013401 Commercial Auto THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT A. SECTION II COVERED AUTOS LIABILITY COVERAGE, paragraph A. Coverage, paragraph 1.Who Is An Insured, is amended by adding the following: (1) Any person or organization with respect to the operation, maintenance or use of a covered "auto" covered under this policy, provided that you and such person or organization have agreed in a written contract or agreement, to add such person or organization to this policy as an "insured". However, such person or organization is and "insured": a. Only with respect to the operation, maintenance or use of a covered "auto" covered under this policy; b. Only for"bodily injury" or"property damage" caused by an "accident" which takes place after you executed the written contract or agreement and during the policy period; and c. Only for the duration of the contract or agreement. (2) How Limits Apply—The most we will pay on behalf of an additional insured is the lesser of: a. The limits of insurance specified in the written contract or agreement between you and the person or organization you agreed to add as and additional insured;or b. The Limits of Insurance shown in the Declarations. Such amount shall be part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance— If we cover a claim or"suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or"suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent you have agreed in a written contract or agreement with the additional insured that this insurance is primary and non-contributory with the additional insured's own insurance. (4) Duties In the Event Of An Accident, Claim, Suit Or Loss—If you have agreed in a written contract or agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in SECTION IV BUSINESS AUTO CONDITIONS, paragraph A. Loss Conditions, paragraph 2. Duties In the Event Of An Accident, Claim, Suit Or Loss, in the same manner as the Named Insured. 2. HIRED AUTO PHYSICAL DAMAGE COVERAGE A. SECTION III PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage, paragraph 4. Coverage Extensions, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any"auto" SA 00039 00 (01/18) Includes material copyrighted by ISO Properties, Inc.,with its permission Page 1 of 4 you own, then the Physical Damage Coverages provided are extended to"autos" you hire or borrow, subject to the following limit, deductible and conditions: (1) The most we will pay for"loss" to any hired "auto" is: a. $50,000; or b. The actual cash value of the damaged or stolen property at the time of the "loss- or c. The cost of repairing or replacing the damaged or stolen property with other property of like kind, whichever is smallest, minus a deductible. (2) The deductible will be equal to the largest deductible applicable to any owned "auto" for Physical Damage Coverage. (3) Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Subject to the above limit, deductible, and excess provisions,we will provide that Physical Damage Coverage applicable to any covered "auto" you own. (5) Subject to a maximum of$1,000 per"accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable, and the lessor incurs and actual financial loss. (6) This coverage extension does not apply to: a. Any"auto" that is hired, rented or borrowed with a driver; b. Any"auto" you hire or borrow from any of your"employees" or members of their household; c. Any"auto" you hire or borrow from any of your partners or members of their household (if you are a partnership); or d. Any"auto" you hire or borrow from any of your members or members of their household (if you are a limited liability company). 3. TOWING AND LABOR A. SECTION III PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage, paragraph 2. Towing, is deleted in its entirety and replaced with the following: We will pay towing and labor costs you have incurred, up to the limits shown below, for each classification of covered "auto"shown below, each time a covered "auto" classified below is disabled: (1) For private passenger type vehicles, we will pay up to $50.00 per disablement. (2) For"light trucks", we will pay up to$75.00 per disablement. "Light trucks" are trucks that have a gross vehicle weight of 10,000 pounds or less. However, the labor must be performed at the place of disablement. 4. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE A. SECTION III PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, paragraph 3 is amended by adding the following: This exclusion does not apply to the accidental discharge of an airbag. Any insurance we provide for"loss" relating to the accidental discharge of an airbag shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. SA 00039 00 (01/18) Includes material copyrighted by ISO Properties, Inc.,with its permission Page 2 of 4 5. LOAN/LEASE GAP COVERAGE A. SECTION III PHYSICAL DAMAGE COVERAGE is amended by adding the following: In the event of a "total loss" to a covered "auto" owned or leased by you we will pay your additional legal obligation for any difference between the actual cash value of the covered "auto" at the time of"loss" and the "outstanding balance"of the loan or lease. As used in this provision "outstanding balance" means the amount you owe under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of the following: a. Overdue payments and financial penalties associated with those payments at the time of"loss- b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Security deposits not refunded by the lessor; d. Cost for Extended Warranties and additional protections such as but not limited to Credit Life, Health,Accident or Disability Insurance purchased with the lease or loan; e. Carryover, transfer or rollover balances from previous loans or leases; f. Any amount representing taxes; g. Loan or lease termination fees; h. The dollar amount of any unrepaired damage that that occurred prior to the "total loss" of a covered "auto"; i. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; and j. Final payment under a"balloon loan". As used in this provision a"balloon loan" is a loan with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. B. For the purposes of this Loan/Lease Gap Coverage provision, SECTION V DEFINITIONS is amended by adding the following Definitions: "Total loss" means a"loss" in which the cost of repairs plus the salvage value exceeds the actual cash value at the time of"loss". A"balloon loan" is a loan with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 6. EXTENDED CANCELLATION CONDITION A. COMMON POLICY CONDITIONS, paragraph A. Cancellation condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days' prior notice of cancellation. 7. VEHICLE WRAP COVERAGE A. SECTION III PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage, 4. Coverage Extensions, is amended by adding the following: In the event of a "total loss" to a covered "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, we will pay up to $1,000.00 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of "total loss". Regardless of the number of autos deemed a"total loss", the most we will pay under this coverage extension for any one "loss" is $5,000.00. For the purposes of this coverage extension, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. SA 00039 00 (01/18) Includes material copyrighted by ISO Properties, Inc.,with its permission Page 3 of 4 B. For the purposes of this Vehicle Wrap Coverage provision, SECTION V DEFINITIONS is amended by adding the following Definitions: "Total loss" means a"loss" in which the cost of repairs plus the salvage value exceeds the actual cash value at the time of"loss". 8. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. SECTION III PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, subparagraphs 5.a. and 5.b. are deleted and replaced with the following: Exclusions 4.c and 4.d do not apply to electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by the use of power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or B. For the purposes of this Audio, Visual and Data Electronic Equipment Coverage provision, SECTION III PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, Paragraph 5 is amended by adding the following: If the"loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100.00 deductible. All other terms and conditions of the policy remain unchanged. SA 00039 00 (01/18) Includes material copyrighted by ISO Properties, Inc.,with its permission Page 4 of 4 POLICY NUMBER: 5087013401 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Check Electric LLC dba Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Monroe County BOCC 1100 Simonton St Key West,FL 33040 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 This page has been left blank intentionally.