1st Amendment 07/21/2021 b "� ''%° Kevin Madok, cPA
;
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: July 29, 2021
TO: Alice Stet-you
Contract Monitor
FROM: Sally M. Abrams, D.C.
SUPtJECF: July 21", 2021 BOCC Meeting
Attached, for your handling, is an electronic copy of Item 1.76, First Amendment to
Agreement with Beach Raker, LLC, for Beach Cleaning, Maintenance, and Beautification at
Higgs Beach with a CPI-U increase of 1.4% retroactive to April 1, 2021 and updated Federal
contract provisions and/or Monroe County Ordinances and Purchasing Policy changes. TDC is
the funding source.
Should you have any questions, please feel free to contact me at ext. 3550. Thank you.
cc:
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
FIRST AMENDMENT TO AGREEMENT FOR
PROFESSIONAL EACH CLEANING, MAINTENANCE, AND BEAUTIFICATION
HIGGS BEACH, KEY WEST,, MONROE COUNTY,FLORIDA
TMS, FIRST AMENDMENT TO AGREEMENT is made and entered into this 21st day oflUly,
2021, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Sirtionton. Street, ley West, Florida 33040, and BEACH RAKER, LLC
("CONTR-ACTOW'), a Florida limited liability company, whose address is 220 NE 13"' Street,
Pompano Beach, Florida 33060.
WHEREAS,, the parties, hereto did on December 11, 2019, enter into an Agreement to provide
professional beach cleaning, maintenance, and beautification, at Higgs Beach, Key West, Monroe County,
Florida, (hereinafter"Original Agreement"); and
WHEREAS, Paragraph 6 of the Original Agreement provides that the Contract amount may be
adjusted annually in accordance with the percentage change in the U.S. T)cpartment of Commerce Consumer
Price Index for all Urban Consumers (CPI-U)as of December 31'of the previous year; and
WHEREAS, this First Amendment is to amend the Original Agreement to increase payment
amounts by the annual C111-IJ adjustment of 1.4%4 as of December 31, 2020, pursuant to the terms of the
Original Agreement; and
'WHEREAS, the COUNTY desires to,also revise some provisions in its contracts and/or agreements
to update and/or add current revisions pursuant to its Ordinances,Purchasing Policy, and/or Federal Required
Contract provisions; and
WHEREAS, CONTRAC"I"OR agrees and consents to such revisions, in its Original Agrccment to
ensure compliance with federal Required Contract Provisions, Monroe County Ordinances, and/or
Purchasing Policy and to increase its payment aniounts; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and
WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement
and enter into this First Amendment to Agreement;
NOW,THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained
herein,it is agreed as follows:
I. In accordance with Paragraph 6 of the Original Agreement, the contract amount may be adJusted
annually in accordance with the percentage changc in the U.S. Department of Commerce Consumer Price Index
for all Urban Consumers (CPI-IJ) as reported by the U.S. Bureau of l,ab,or Statistics at December 31 of the
previous year using the most recently published indicator. The CPI-U was 1,4%on December 31, 2020,
2. The Contract amounts,based on the 1.41X, CPI-[J increase as of December 31, 2020�, in Paragraph 5.b. of
the Original Agreement shall be increased and amended as follows:
SIB,.283.40 per month for regular hours seven (7) days per week for cleaning, maintenance, and
beautification services (which includes the fenced beachside Children's Play Area on weekends
(including equipment costs and dumping fees).
S253.50 per hour for emergency cleaning,, maintenance, and beautification services (ex. Post
-
hurricane clean-ups, including all costs associated with equipment, seaweed reirioval, and hrriping
fees),
5253.50 per month for pressure clear ng the steps (5 sets once per month) into the water at Higgs
Beach,
S253.50 per month for pressure cleaning the two (2) Pavilions/Bandstands (twice per month) at
Higgs Beach.
$405.60 per day for a second daily service beach cleaning (optional upon Owner's request) (ex,
Excessive seaweed buildup on beach, including equipment costs and dumping fees),
Total Compensation to CONTRACTOR. Linder this Agreement for monthly cleaning, maintenance, and
beautification services, the pressure cleaning services of the steps and Pavilions/Bandstands, and any
second daily service beach cleaning shall remain the same and not exceed One Hundred Eighty-two
Thousand Eight Hundred and O�0/100 ($182,800.00) Dollars annually. Additional emergency "vork
shall be perfoirned in accordance with the rates set forth and described herein, but such work must be
pre-approved,
3. The Contract payment amount adjustments set, -forth above shall be retroactive to April 1,
2021.
4. The second parag Vfi of Paragraph 16, DISCLOSURE Al" D CONFLICT OF INTEREST, of
the Original Agreement, is hereby amended to revise that paragraph only as follows with the first
paragraph remaining as set forth in the Original Agreement:
16. D,IS("LOSURE AND CONFLICT OF INTEREST
CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf
any former County officer or employee subject to the prohibition of Section 2 of Ordinance: No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance ,No. 020-
1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate
this contract without liability and may also, in its discretion, deduct from the contract or
purchase price, or otherwise recover the full amount of any fee, commission,percentage:, gift, or
consideration paid to the forrner County officer or employee.
5. Paragraph 25, ADJUDWATION OF DISPUTES OR DISAGREEMENTS, of the Original
Agreement, is hereby amended to revise that paragraph as follows:
25. ADJUDICATION OF DISPUTES OR DISAGRE EMENTS
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. The
CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with
meet and confer sessions, 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 paragraph x or Article 8.1 concerning termination or
cancellation.
6. Paragraph 37, PUBLIC ENTITY CRIME INFORMATION STATEM ENT,of the Original
Agreement, is hereby amended to revise that paragraph as 'follows:
37. PUBLIC ENT1,TV CRIME INFOR MATT ON STATEMENT
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A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity, may not submit a bid,proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perl'orm work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
rnay not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
T Paragraph 44 of the Original Agreement includes certain FEDERAL CONTRACT
REQUIREMENTS9 some of which are hereby revised and/or added to comply with Federal provisions
as set forth in the following paragraphs, '17he opening language of Paragraph 44 remains unchanged.
& Paragraph 44.1, Davis-Bacon_AgL of the Original Agreement, is hereby amended to revise that
paragraph as follows:
44.1 D! avis-Bacon Act, s amended (40 U.S.C. §§3141-31481, 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 Prograrn, all
prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply
with the Davis-Bacon Act (40 U,SXI, §§3141-3144, and §§3146-3148) 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 current prevailing wage determination. issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract rarest be conditioned
upon the acceptance of tile 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, I lomelandr 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, in contracts
for construction or repair work above $2,000 in situations where the Davis-Bacon also
applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as
supplemented by Department of Labor regulations (29 CFI 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 rneans, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which lie or
she is, otherwise entitled. The COUNTY must report all suspected or reported violations to
the Federal awarding agency.
(1) Contractor, 'J"he contractor shall comply with 18 U.S.C. § 874, 401
U.S.C. § 3145, and, the requirements of 29 CER. pt. 3 as may be
3
applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall. be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breacl,,i. 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 291 C.F.R. § 5.12.
Additionally, in accordance with the regulation, each contractor and subcontractor must
furnish each week a, statement with respect to the wages paid each of its employees
engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act
during the preceding weekly payroll period. The report shall be delivered by the
contractor or subcontractor, within seven days after the regular payment date of the
payroll period, to as representative of a Federal or State agency in charge at the site, of the
building or work.
9. Paragraph 442, Contract Work Hours and Safely Standards Act (40 U.S.C. 6 63701 —
of the Original Agreement, is hereby amended to revise that paragraph as follows.
44.2 Contract Work Flours and Safety Standards Act(40 U.S.C" § §3701 — 3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFI:. Part 51. Under 40 U.S.C. §3702 of the Act, each
contractor must compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours, Work in excess of the standard work week is permissible provided
that the worker is, compensated at a rate of not less than one and a half tirnes the basic rate of
pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation
or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act,
(1) Overtime requirements. No contractor or subcontractor,contracting for any
part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; li ability for un paid wages; liquidated damages, In the event of any
4
violation of the clause set forth in paragraph(b)(1) of this section the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Colunibia,or a territory,to such District or to such territory), for liquidated
dainages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (b)(1) of this section, in the sum of
$27 for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the:clause set forth in paragraph (b)(1) of this
section.
(3) Withholding for unpaid wages and liquidated damages. The Federal agency
shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work perforined by the contractor or subcontractor
under any such contract or any other Federal contract with the same prii�ne
contractor, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any
'liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set rorth in paragraph (b)(2) of this section.
(4)Subcontracts. The contractor or subcontractor shall insert in arly
subcontracts the clauses set forth in paragraph (b)(1)through(4) of this section
and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs (1) through (4)of this section.
10. Paragraph 44.4, Clean Air Act (42 U.S.C. 7401-7671gj and the Federal Water Pollution
Control Act (33 U.S.C. �'125.1-1387), of the Original Agreement, is hereby amended to revise that
paragraph as follows:
44.,4 Clean Air Act (42 U&C. 7401-7671q.) and the Federal, Water Pollution
Control Act (33 U.S.C. §kI,?2- jJ38 Contractor agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as
amended, (42 U.S.C. §§7401-767tq) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. §§1251-'1387) and will report violations to FEMA/Federal
Agency and the appropriate Regional Office of the Environmental Protection Agency
(EPA), The Clean Air Act (42 USC. §§7401-7'671q.,) and the Federal Water Pollution
Control Act (33 U.S.C. §§1251-1387), as arnended—applies to Contracts and
subgrants of amounts in excess of $150,,000. The Contractor agrees to include these
requirements in each subcontract exceeding $150,0001 financed in whole or in part with
Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report
each violation to the COUNTY and understands and agrees that the COUNTY will, in
turn, report each violation as required to assure notification to FEMA/Federal Agency
and the appropriate EPA Regional Office.
5
11. Paragraph 44.5, Debarment and Sus ension (Executive Orders 12549 and 12689), of the
Original Agreement, is hereby amended to revise that paragraph as follows:
44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract
award under a ""covered transaction" (see 2 CFI 180,220) must not be made to parties
listed on. the government-wide exclusions in the System for Award Management
(SAM), in accordance with the OMB, guidelines at 2 CFR Part ISO that implement
Executive Orders 12549 (3 CFI part 1986 Comp., p. 189) and 12689 (3 CFI part
1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland
Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and
suspension) SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, &q well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549. SAM exclusions, can be
accessed at Contractor is required to verify that none of the
contractor's principals (defined at 2 C.F.R. §1.80,935) or its affiliates (defined at 2
C.F'.R. §180.905) are excluded (defined at '2 C.F.R. §180,940) or disqualified (defined
at 2 CY.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart,C, and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into. This certification is a
material representation of fact relied upon by the COUNTY. If it is later determined
that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3,000, subpart C, in addition to remedies available to the COUNTY, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment. Bidders or Proposers agree to comply with the requirements of 2
CYR. pt. 180, subpart C and 2 CYR pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from. this offer, The Bidder or
Proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
12. Paragraph 44.6, Byrd Anti-Lobbying Amendment (31 US.C. §1352), of the Original
Agreement, is hereby amended to revise that paragraph as follows:
44.6 Byrd Anti LobbyAmendment (31 U&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&C. § 1352. Each tier must also disclose any lobbying with non-Federal -funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier Lip to the recipient Who in turn will forward the certification(s) to the awarding
agency. If award exceeds $100,000, the Certification, attached hereto, as Exhibit I'D" to the:
Original Agreement, must be signed and submitted by the Contractor to the COUNTY.)
13. Paragraph 44.7, Compliance with Procurement of Recovered Materials as set forth in 2 CFI
§200.322, of the Original Agreement, is hereby amended to revise that paragraph as follows:
44.7 CornDliance with Procurenient of Recovered Materials as set forth in 2 CFI
§200.322, CONTRACTOR must comply with section 60�02 of the Solid Waste Disposal
6
Act, as amended, by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R 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. —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:
1) Competitively within a timeframe providing for compliance with the contract
performance schedule;
2) Meeting contract performance requirements; or
3) At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available
at EPA's Comprehensive Procurement Guidelines web site,
The Contractor also agrees to comply with all other applicable requirements of Section 6002
of the Solid Waste Disposal Act.
14. The heading on Page 25 of the Original Agreement, titled Other Federal and FEMA
Requirements, inserted prior to Paragraph 44.8, is hereby deleted from the Original Agreement.
1,5. Paragraph 44.13, as to the E-Verify System, of the Original Agreement, is, hereby amended to
revise that paragraph as follows:
44.13 E-Verify Syste . Beginning January 1, 2021, in accordance with F.S. 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 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 F.S. Sec. 448,095.
16. The Original Agreement is hereby amended to include the following in Paragraph 44,
FEDERAL CONTRACT REQUIREMENTS, identified as Paragraphs 44.16, 44.17, 44.18, 44.19,
and 44,20, which are Federal Required Contract Provisions, if applicable:
44.16 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 (3)Enter into a contract for 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
7
as critical technology as part of any system. As described in Public Law 115-232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei.
Technologies Company or.ATE 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
Hikvi.sion Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
(H) 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 a covered foreign country.
44.17 Domestic Preference for Procurements as set forth in 2 CFR §200.322 The
COUNTY and CONTRACTOR should, to the great extent practicable, provide a 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 sub,awards 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.
44.18 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,
FEMA policies, procedures, and directives.
44.1.9 No_Obligation by Federal Government. The Federal Government is not a 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.
44.20 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.
8
17. Except as set forth in Paragraphs I through 16 of this First Amendment to Agreement in all other
respects,the temps and conditions set forth in the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have set their hands
b/ �: : • on the day and year first above written.
r
BOARD OF COUNTY COMMISSIONERS
f VIN MADOK,CLERK OF MONROE COUNTY,FLORIDA
(4%Cil
By: ) AA /AVA45 By:
As De ty Clerk Mayor
Date: 01' V'1,A IA Date: 01, /A - 7024
Witnesses for CONTRACTOR: CONTRACTOR:
BEACH RAKER,LLC -
Suture " Signatu o rson authorized to
legally bind Corporation -a=P r:
,
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Date: 71tz �� '"t Date: `,' r
ECC v . s Z1
C L . I c t_
44
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Address: 220 t-s6 l3�-" Sk
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Date Telephone Number
MONROE COUNTY ATTORNEYS OFFICE
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OAT //1'7/11121
EXHIBIT 66D99
Certification Regarding Lobbying
10
APPENDIX A 44 C.F.R. PART' 18—CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $1 00C ,000)
Ceitification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief,that:
1. No Federal appropriated ftuids have been paid or will be paid, by or on behalf of the
undersigned, to any person. 1"(")r influencing or attempting to influence an officer or employee
of an agency, a.Member of Congress, an officer or employee of Congress, or an employee of
a Member of Con gress in. connection with the awarding of any Federal contract, the making
ot-' ariy Federal grant, thenaakiiig of any Federal loan, the enteritag into of any coopennive
agreement, and the eXtenSion' CC)1-1tij1L1rajti,o'1j' renewal, arricridment, or niodification of array
Federal contract, grant, loan, or cooperative agreement.
2. If ariv ffincis other than Federal appropriated fjjlldS have been paid or kvili he paid to arty
pers(,')n for influencing or attempting to influence an officer or employee of any agency.. a
Metnber of Congress, an officer or etriployee (,-)f Congress, or ati ernployee of a Member Of
Congress h'i connection with this Federal contract, grant, loan, or cooperative agreernent, the
Undersi&Ted shall complete and subnIft Standard Fon-n-l-LL., ""Disclosure Form to Report
Lobbying,,"' in accordan.ce Nvith its instructions.
3. The undersigned shall reqtflre that the language of this certification be hicWded in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
L.order grants, loans, and cooperative agreements) and that all subrecipients Omit certify and
disclose accordingly, This certification is as material representation of fact upon which
reliance was placed when this transaction was made or entered into, Subinission of this
certification is a prerequisite tbr niaking or entering into this transaction imposed by section
1352, title 31, 11S. Code. Any person who fails to file the required certification shall I)e
sul,~ject to a civil penalty of n(-,)t less than $10,000 and not more th"111111 $100,000 for each such
failtire.
The Contractor- ge'tevk L t,certifiies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition,, the Contractor
understands and agrees that tll proviSIOMS of 31 U.S,.C. Chap. 38�, Administrative Remedies
for False Clairn".1 d StatemsZol", apply to this certification and disclosure, if any.
\-A
,,,,,A,--ignature 6flffontractor's lin r zed rr I -0"fficial
7
Name and Title of Contractor's Authorized Official Date
11
DISk LOSURE OF LOBBYING ACTIVITM,S
STUAL,147 T 01 3— 1a r 2 12
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INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOII13YING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of
covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing Ora form is required for:such
payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer of employee of any agency,a
Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action.
Attach a continuation sheet for additional irdburnation if the space on the form is inadequate. Complete ail items that apply for both the initial
filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
inforination-
I Identify
v the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of
a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted
report by this reporting entity for this covered Federal action.
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional➢istrict if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a,prime or subaward recipient. Identifythe
tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include,but are not limited to subcontracts,
subgrants and contract.awards under grant-.
5. If the organization filing tile report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip codeofthe
prune Federal recipient. Include Congressional➢istrict,if known.
6 Enter the name of the Federal agency making,theaward or loan commitment. Include aft least one organization level below
agency name,if known. For example,➢epartment ofTransportation,United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,cuter the full Catalog of Federal
➢omestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for
Proposal XT)number,Invitation for Bid(1FB)number,grant announcement number,the contract grant.or loan award number,the
application/pTOPOSalcontrot number assigned by the Federal agency). Include prefixes,e.g., "UP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,cuter the Federal aniount of.
the award/loan commitments for the prime entity identified in item 4 or 5,
10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to
influence the covered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a), Enter Last Name,
First Name and Middle Initial(MI).
11, Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item
10). Indicate whether the payment has been made(actual)or will be made(planned). Check,all boxes that apply. If this isa
material change report,enter the cumulative amount of payment made or planned to be made.
12, Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and
value of the in-kind payment..
13. Check the appropriate box. Check all boxes that apply. If other,specify nature,
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform, and the
date(s)of any services rendered. Include all preparatory and related activity notjust time spent in actual contact witty Federal
officials. Identify the Federal officer(s)or employee(s)contacted or the otficer(s)employec(s)orMember(s) of Congress that were
contacted.
15. Check whether or not a continuation sheets)is attached.
16. 'the certifying official shall,sign and date the form,print his/tier name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,
searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the
Office of Management and Budget,Paperwork Reduction Project
(0348-0046),Washington,➢.C.20503. SF-I-LL-Instructions Rev.06-04-90<47,NDIF>s
2-6d PART 2/COUNTY
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