07/01/2021 to 07/31/2022 Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with: Contract#
Faro Blanco Resort Owner LLC. Effective Date: 7/1/2021
Expiration Date: 7/31/2022
Contract Purpose/Description:
Provide housing for emer enc response workers in times of disaster or emergency
Jeff Manning
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Jeff Manning 6325 14
(Name) (Ext.) (Department/Stop#)
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $
(must be less than$50,000) (If multiyear agreement then
NTE $49,999.99 TBD requires BOCC approval,unless the TBD
total cuindlative amount is less than
$ td,tdtd(,00).
Budgeted?Yes❑ No X❑ Account Codes: _-_-_-_-
Grant: $ NA _-_-_-_-
County Match: $ NA --------
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) e. .maintenance utilities janitorial salaries etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date In
Digitally signed by Shannon
Department Head Yes❑No❑✓ Shannon Weiner Weiner
Date:2021.07.28 14:06:27-04'00'
Digitally signed by Cynthia L.Hall
DN:cn=Cynthia L.Hall.o=Monroe
❑No❑✓ _ coonty9D °°,email.gov. 7-28-2021
County Attorney Yes Cynthia@monroecouMy-fl.gov.c=US
Digitally signed by Jaclyn Flati
JaCIyn FIatt DN'.cn=Jaclyn y'o,ou,emailUS
Risk Management YeSF—INo❑✓ Data 202107,28151 5 =US
(� Date'.2021 01 28 15'.10'.55-04'00'
Julie Cune0 Dig allysigned9 Julie Cuneo
21
O.M.B./Purchasing Yes�No� Date 2021.07.29093721
-oa'oo'
Comments:
Revised BOCC 3/18/2020
Page 74 of 92
i
.GIZEI+;i l E NT FOR LODGMING .CC'OMODAT'IONS
MONROE COUNTY
and
Faro Blanco Resort Owner LLC
THIS AGREEMENT, is made and entered into by and between Faro Blanco Resort
Owner LLC,d.b.a.Faro Blanco Resort&Yacht Club.,authorized to do business in the State
of Florida, (hereinafter referred to as "Hotel", and Monroe County Board of County
Commissioners (BOCC),a political subdivision of the State of Florida,(hereinafter referred
to as "County").
WHEREAS,in the event of an emergency or major disaster, including but not limited
to storms, natural and man-made disasters, acts of terrorism or other declared State of
Emergency,the County will need to rent lodging accommodations for its emergency workers,
including Monroe County employees and other authorized personnel when in the County
performing essential work in order to be able to provide County services and to support
response and recovery efforts, and
WHEREAS, these emergency workers will be working throughout Monroe County
and in or near the County Emergency Operations Center in Marathon, Florida, and therefore
accommodations are expected to be required throughout Monroe County in order to restore
and provide County services and provide the necessary response and recovery services; and
WHEREAS, disasters may also include pandemics that will require non-congregate
sheltering for residents who may or may not be infected and under an order to quarantine; and
WHEREAS, Faro Blanco Resort & Yacht Club is a hotel company_ that
Count
operates in _Marathon_ and elsewhere in the Florida Keys, manages more than
_199 units in Monroe y, and has made the units under its management available
during previous emergencies or major disasters, and/or is willing to make its units available
in the future should the County need rooms for its emergency workers in the event of an
emergency or major disaster, or for County residents and other persons for non-congregate
sheltering in the event of a pandemic.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein,the parties hereby agree as follows:
1.0 Description ption of Goods/Services. Hotel will provide accommodation (lodging) for County
employees and for authorized County contractors/personnel in two groups/phases for disasters.
The first group will consist of County emergency workers designated to remain in-County
during an incident. The second group will consist of County employees called back to work
in the County to perform essential work in order to provide County services,including response
and recovery services post-incident. Lodging can reasonably be expected to begin one (1)
week before an incident and will continue for an indeterminate period of time as needed to
perform and provide County Services. In the event of a pandemic, Contractor will provide
accommodations to be used by County residents and other persons for the purpose of non-
l
congregate(isolation) sheltering. Tenants(guests)will consists of persons awaiting test results
for infection, persons testing positive for infection, and/or persons who are not positive for
infection but have no place to self-isolate safely. Non-congregate sheltering may coincide
during times of a disaster when it is also required to maintain social distance due to a pandemic.
In the event a local state of emergency is declared, the parties shall enter into an addendum
setting forth categories of authorized personnel groups/phases for whom the accommodations
will be provided.
2.0 Designated Point of Contact. Hotel and the County will each provide a Designated Point of
Contact and shall provide each other with all communication methods. The County Point of
Contact will liaise with the Designated Point of Contact for Hotel, to provide a list of room
needs and room assignments. Both Designated Points of Contact will work with each other to
resolve any issues that arise.
3.0 Term, This Agreement is effective from 7/1/21 through
7/31/22 ("Initial Term"). At the end of the Initial Term, this Agreement can be
renewed in writing for additional periods ("Renewal Terms") of one (1) year each, subject to
the mutual agreement of the parties.Monroe County's performance and obligation to pay under
this contract is contingent upon an annual appropriation by the BOCC.
4.0 fees, Invoices.
a) All Hotel rooms will be billed at$129.00 per night (Room/Unit Charge).
b) No parking fee will be charged.
c) Any personal expenses above and beyond the Room/Unit Charge that are incurred by
individual guests (e.g., phone charges, meals) are the strict responsibility of the
individual guest and must be paid for by the individual guest. Hotel may request a
personal credit card from guests upon check-in, which shall be used to pay for
individual charges. The County will only pay for rooms that are utilized, up to the
Room/Unit Charge.
d) All Room/Unit Charges will be paid for by the County upon presentation of an invoice,
in accordance with the Florida Local Government Prompt Payment Act. The invoices
must be delivered to:
Monroe County Budget and Finance Department
1100 Simonton St., Suite 2-213
Key West, FL 33040
Attn: Purchasing
and also e-mailed to:
OMB Pua-cl 11L?-tJtg ))V
Subject: EOC Invoice for Procurement Unit
Hotel shall submit to County invoices with supporting documentation acceptable to the
Clerk.
Each invoice must list the rooms covered in the invoice, dates of service, the name of
2
the person assigned to the room, and the Room/Unit Charge.
Acceptability to the Clerk is based on generally accepted accounting principles and
such laws, rules and regulations as may govern the Clerk's disbursal of funds.
e) The County is exempt from sales and use taxes. A copy of the tax exemption certificate
will be provided upon request.
f) Hotel and County Designated Points of Contact shall mutually agree upon a maximum
check-out date. Guests who wish to extend their stay at the Hotel may do so at Hotel's
discretion and the guest's financial resources,and at the Room/Unit Charge established
by Hotel.
g) The maximum amount that can be charged under this Contract is $49,999.99.
h) Both parties understand that during an emergency or major disaster, the usual services
and amenities available at the unit may not be available, including power, water,
wastewater, food, and internet. Therefore, this Agreement covers use of the unit,
without any expectation of the other amenities. However, Faro Blanco Resort Owner
LLC will use its best efforts to provide the amenities as possible.
5.0 Miscellaneous.
5.1 Assignmetit. Neither party may assign (voluntarily, by operation of law, or otherwise)
this Agreement (or any rights or obligations contained herein) without the prior written
consent of the other party, whose consent shall not be unreasonably withheld. Any
permitted assignee shall assume all obligations of its assignor under this Agreement. Any
purported assignment or transfer in violation of this section shall be void.
5.2 Entire Aarecment. This Agreement is the entire agreement between the parties. This
Agreement supersedes all prior or contemporaneous oral or written communications,
proposals, and representations with respect to the subject matter covered by this
Agreement. The terms and conditions of this Agreement can only be modified via a written
agreement signed by all parties.
5.3 Counterparts. This Agreement may be executed by the parties in separate counterparts
each of which when so, executed and delivered shall be an original, but all such
counterparts together shall constitute but one and the same instrument.
5.4 Notices, Any notice, communication or payment required under this Agreement shall be
addressed as follows:
County: Contractor:
Monroe County BOCC
1100 Simonton Street Faro Blanco Resort Owner LLC
d.b.a. Faro Blanco Resort& Yacht
Club
1996 Overseas Highway
Marathon, FL 33050
Attn: Kim Thompson, Director of
Sales (904) 386-0759
Key West, FL 33040 �
Attn: Roman Gastesi,
County Administrator
3
With a copy to:
Attn:
5.5 Authority. Each party represents to the other that execution, delivery, and performance
of this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
5.6 Federal and State Required, Public Records and Scrutinized Business Contract Clauses.
The clauses included in Attachment A are hereby incorporated in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date set
forth below.
The parties hereby agree and consent to the terms and conditions of the Agreement and
acknowledge such by executing the Agreement below.
Executed Monroe County BOCC Accepted Kim Thompson
by: By:
Digitally signed by
Roman Roman Gastesi
Date:2021.09.30 07:56:48
Signature: Gastesi -04'00' Signature:
Printed Roman Gastesi Printed Kim Thompson
Name: Name:
Director of Sales
Title: --CouE!y Administrator Title:
Date Date 6/30/21
Signed: Signed:
Address: 1100 Simonton Street Address: 1 Knight's Key Blvd,
Key West, FL 33040 Marathon, FL 33050
Email: Gastesi- Email: kthompson@islabella.com
roinan.(ciDi-nonroecot,intX-tl,Gov
Approved as to form:
Monroe County Attorney's Office 4
Digitally signed by CynlhjaL.H.11
DN:—Cynthia L.HA,.—M.n—
C—ly BOCC,-—jl—hA
,ynthj,@—n--nty fl.g,,,
C—Us
D-2021.07.28 15 08 38 04roor
5
i
ATTACHMENTA
FEDERAL, STATE, IC RECORDS AND SCRUTINIZED BUSINESS CONTRACT
CLAUSES
1.0 P ro.visions Reg uured by Federal LaNy,2 CI+I hart 2OI).
1.1 Termination:
1.1.1 'termination for Convenience: The COUNTY may terminate this
Agreement for convenience,at any time, upon sixty(60)days written notice
to CONTRACTOR. If the COUNTY terminates this agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this agreement prior to termination, unless the cost
of completion to the COUNTY exceeds the funds remaining in the contract.
The maximum amount due to CONTRACTOR shall not exceed the
spending cap in this Agreement. In addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the
right to sue for breach of contract and including the right to pursue a claim
for violation of the COUNTY's False Claims Ordinance, located at Section
2-721 et al. of the Monroe County Code. Either party may cancel this
Agreement without cause upon sixty (60) days' written notice of its
intention to do so to the other party; however, this provision may not be
exercised during hurricane season (June 1 to November 30) unless both
parties mutually agree to terminate. In the event of termination,the County
shall owe for all goods and services delivered prior to the date of
termination.
1.1.2 Termination for Cause and Rerncdics In the event of breach of any contract
terms, the COUNTY retains the right to terminate this Agreement. The
COUNTY may also terminate this agreement for cause with
CONTRACTOR should CONTRACTOR fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event
of such termination, prior to termination, the COUNTY shall provide
CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred.
If the breach is not cured, the Agreement will be terminated for cause. If
the COUNTY terminates this agreement with the CONTRACTOR,
COUNTY shall pay CONTRACTOR the sum due to the CONTRACTOR
under this agreement prior to termination, unless the cost of completion to
the COUNTY exceeds the funds remaining in the contract; however, the
COUNTY reserves the right to assert and seek an offset for damages caused
by the breach. The maximum amount due to CONTRACTOR shall not in
any event exceed the spending cap in this Agreement. In addition, the
COUNTY reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the COUNTY's False Claims
Ordinance, located at Section 2-721 et al. of the Monroe County Code. In
the event that the CONTRACTOR shall be found to be negligent in any
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aspect of service, the COUNTY shall have the right to terminate this
agreement after five (5) days written notification to the CONTRACTOR.
1.2 Egual Employ m enLQpportun ily,No Discrimination Provisions:
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code
Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11)Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to
Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor). See 2 C.F.R. Part 200, Appendix 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
7
�I.
orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee
or applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the contracting agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
7) In the event of the contractor's non-compliance with the nondiscrimination
8
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 imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
1.3 OTHER FEDERAL CONTRACT REQUIREMENTS
Hotel and its subcontractors must follow the provisions, as applicable, as set forth in
Appendix II to 1 C.F.R. Part 200, as amended, including but not limited to:
A. Contract Work !lours and Safiety Standards Act(40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement
programs, all contracts awarded by the COUNTY in excess of$100,000 that
involve the employment of mechanics or laborers must comply with 40
U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must
compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
B. R i hts to Inventions Mare Under,a Conti-actor Agreement. If the Federal award
meets the definition of"funding agreement"under 37 CFR §401.2 (a) and the
9
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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.
C. Clean Air Act '42 [J.S.C. 740l,-76Tl_qj and the Federal Water Pollution Control
Act (33 (J.S.C. 1251-1 7). Contractor agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.
§§7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. §§1251-1387)and will report violations to FEMA and the Regional
Office of the Environmental Protection Agency (EPA). The Clean Air Act (42
U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended—applies to Contracts and subgrants of amounts in
excess of$150,000.
D. Debarment and Suspension (Executive Orders 12549 and 126€19 .—A contract
award (see 2 CFR 180.220) must not be made to parties listed on the
governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
E. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-
Federal award.
F. Compliance with Procurement of recovered materials as set forth in 2 CFR
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste
disposal Act, as amended, by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA)at 40 CFR part 247
10
that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement
of recovered materials identified in the EPA guidelines.
G. Americans with Disabilities Act of 1990. as amended(ADA)—The
CONTRACTOR will comply with all the requirements as imposed by the ADA,
the regulations of the Federal government issued thereunder, and the assurance
by the CONTRACTOR pursuant thereto.
H. Disadvantaged Business Enterprise(DBE ) N licy and Obligation - It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth
in detail below), applicable federal and state laws and regulations to ensure that the
DBE's have the opportunity to compete for and perform contracts. The COUNTY
and the CONTRACTOR and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMI N''S BUSINESS SS ESNTE`RPR1SES,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 whencver possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential
sources;
(3) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation
by small and minority businesses,and women's business
enterprises;
(4) Establishing delivery schedules,where the requirement
permits,which encourage participation by small and minority
11
businesses,and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the
Minority Business Development Agency of the Department of
Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let,
to take the affirmative steps listed in paragraph (1) through
(5) of this section.
I. E-Verify - The Contractor shall utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility of all new employees hired by
the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor
during the Contract term.
J. Access to Records - Contractor and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions
governing the Department of Homeland Security (DHS) and the Federal Emergency
Management Agency's (FEMA) access to records, accounts, documents, information,
facilities, and staff. Contractors must; 1. cooperate with any compliance review or
complaint investigation conducted by DHS, 2. Give DHS access to and the right to
examine and copy records, accounts, and other documents and sources of information
related to the grant and permit access to facilities, personnel, and other individuals
and information as may be necessary, as required by DHS regulations and other
applicable laws or program guidance, 3. Submit timely, complete, and accurate
reports to the appropriate DHS officials and maintain appropriate backup
documentation to support the reports.
K. DI IS Seal, Logo and Flag- Contractor shall not use the Department of Homeland
Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency
officials without specific FEMA approval.
L. Changes to Contract - The Contractor understands and agrees that any cost resulting
from a change or modification, change order, or constructive change of the agreement
must be within the scope of any Federal grant or cooperative agreement that may fund
this Project and be reasonable for the completion of the Project. Any contract change
or modification, change order or constructive change must be approved in writing by
both the COUNTY and Contractor.
M. Maintenance of Records
CONTRACTOR shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Records shall be retained for a period of
seven years from the termination of this agreement or for a period of five years from
12
the submission ofthe fimd expenditure report as per 2 CFR §2UO.333, whichever ia
gneu1or. Each party tothis Agreementor its authorized representatives shall have
reasonable and timely access 10 such records of each other party tothis Agreement {or
public records purposes during the term of the Agreement and for four years
following the termination of this AgrmonnsoL If an auditor employed by the COUNTY
or Clerk determines that nunoieo paid to CONTRACTOR pursuant to this Agnccnnezt
were spent for purposes not authorized by this/\grosnusnt, 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.
N. Prohibition on certain telecommunications and video surveillance services or
equipment me set forth in2 CFR § 2OD.216. Recipients and oubraoipientmand their
contractors and subcontractors may not obligate or expend any federal funds to (1)
Procure or obtain; (2) Extend or nynavv a contract to procure or obtain; or(3) Enter into a
contract(or extend or renew e contract)to procure or obtain mQuipnnent, oan/|cmo, or
systems that uses covered telecommunications equipment or services as a substantial
mr essential component mf any system, oroo critical technology aopart of any system.
As described in Public Law 115-232, section 889, 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 eafety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced byHytera Communications
Corponsbon, Hangzhou Hikxieion Digital Technology Company, orOahuaTechnology
Company(or any subsidiary or affiliate of such mnUUeo).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications mr video surveillance equipment or services produced or
provided byan entity that the Secretary mf Defense, |n consultation with the Director of
the National Intelligence or the Director f the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the
government ofa covered foreign country.
{]. Domestic preference for procurements oa set forth in2CFR §2OO.322 The COUNTY
and CONTRACTOR should, to the great extent pnact|cab|e, 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, a|unninunn, etee|, monoent, and other
nnonutmutumsd products). These requirements of this section must be included in all
aubovvorde |no|uding 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 .
13
J
P. Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance may be used to fund all or a portion of
the contract. The contractor will comply will all applicable federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
Q. 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.
R. 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.
_..4 Florida Division of Emergency Mang ernent a uirements:
A. The Contractor is bound by any terms and conditions of the Federally-Funded
Subaward and Grant Agreement between County and the Florida Division of
Emergency Management.
B. The CONTRACTOR shall hold the Division and COUNTY harmless against all
claims of whatever nature arising out of the CONTRACTOR's performance of work
under this Agreement,to the extent allowed and required by law.
1.5 Florida_Public Records Requirements:
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Hotel
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the Hotel or keep and maintain public records that would be required
by the County to perform the service. If the Hotel transfers all public records to the
County upon completion of the contract, the Hotel shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Hotel keeps and maintains public records upon completion of the
contract, the Hotel shall meet all applicable requirements for retaining public records.
14
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 Hotel of the request, and the Hotel must
provide the records to the County or allow the records to be inspected or copied
within a reasonable time.
If the Hotel does not comply with the County's request for records,the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract
upon violation of this provision by the Hotel. A Hotel who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section 119.10, Florida Statutes.
The Hotel shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT
PHONE#305-292-3470 _ LEY- ANCa) N 'C UNTY-FL.G V,
MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408,KEY
WEST,FL 33040.
1.6 Scrutinized Businesses:
For Contracts of any amount, if the County determines that the Contractor has submitted a
false certification under Section 287.135(5), Florida Statutes or has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the
County shall have the option of (1) terminating the Agreement after it has given the
Contractor written notice and an opportunity to demonstrate the agency's determination of
false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2)
maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are
met.
1.7 l ectuired Counly Forms:
A. Public, Entity Crime Statement. In accordance with F.S. 287.133, A person or affiliate
who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity, may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for
15
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
B. l"tNes ClaUSC. In accordance with Section 5 (b) Monroe County Ordinance No. 010-
1990 Contractor warrants that it had not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2
of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section
3 of Ordinance No. 020-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its
discretion, deduct from the contract or purchase price, or otherwise recover the full
amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee.
C. Non-Collusion Statement: The contractor shall provide the non-collusion
certification.
D. DrLig Vwemm or lil l 1� ql;: The contractor shall include an executed "Drug Free
Workplace" form.
16
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months fro the date of being placed on the convicted vendor list."
I have read the above and state that neither___ Kim Thompson (Respondent's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
` bM Tk o m n,
(Signature)
Date:
6/30/21
STATE OF: Florida
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or t7 online
notarization, on 2/ (date) by,_LL lhom )P7 ��_ �� (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
"0 Notary Public State of Florida
Ekaterina Kachugina
My Commies" GG 179988
,.I Expires 01/28/2022
17
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Faro Blanco Resort Owner LLC, A hotel, d.b.a. Faro Blanco Resort&Yacht
Club
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee."
Cbm, Tkom,r4,o n,
(Signature)
Date: 6/30/21
STATE OF: Florida
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or 0 online
notarization, on (date) by (name of affiant).
He/She is personally known to me or has produced �� Z�6)6v;�
(type of identification) as identification.
NOTA PUBLIC
My Commission xp s:
a Wary Public State of Mown
katerina,Kachugina
18
NON-COLLUSION AFFIDAVIT
I, _Kim Thompson_of the city of_Marathon, FL according to law on my
oath, and under penalty of perjury, depose and say that
a. I am Kim Thompson of the firm
of Faro Blanco Resort Owner LLC a hotel, d.b.a. Faro Blanco Resort&Yacht
Club , making the Proposal for the
project described herein and that I executed the said proposal with full authority to do so;
b. the prices in this bid/proposal/offer have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as to
any matter relating to such prices with any other bidder/respondent or with any competitor;
c, unless otherwise required by law, the prices which have been quoted in this
bid/proposal/offer and(if applicable) have not been knowingly disclosed by the
bidder/respondent and will not knowingly be disclosed by the bidder/proposal prior to bid
opening, directly or indirectly, to any other bidder/respondent or to any competitor; and
d, no attempt has been made or will be made by the bidder/respondent to induce any other
person, partnership or corporation to submit, or not to submit, a bid/proposal for the
purpose of restricting competition;
e. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
(Signature)
Date: 6/30/21
STATE OF: Florida
COUNTY OF: Monroe
Subscribed and sworn to(or affirmed) before me, by means of❑ physical presence or)7 online
notarization, on 17
(date) by (name of affiant). He/
-She is personally known to me or has produced d �C
f��
(type of identification) as identification,
NOTA PUpLIC
My Co missio'n-"Expires:
Notary Public iate of Ffoe crla
Ekaferina Kachucgtrra
My Commission GG 179988
Expires 0112812022
19
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Faro Blanco Resort Owner LLC, a hotel d.b.a. Faro Blanco Resort&Yacht Club
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection(1), notify the employees that,as a condition of working on
the commodities or contractual services that are under bid,the employee will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere
to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community,or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
C m, Tk.o,m,r,i,o n,
(Signature)
Date:
6/30/zs
STATE OF: Florida
COUNTY OF;: Monroe
Subscribed and sworn to(or affirmed) before me, by means of❑ physical presence or i] online
notarization, on 12A010el (date) by � �r (name of affiant).
He/She is personally known to me or has produced 0 {
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
r� N010'y PuU11C State of%rida
Ekat rirja Kacht� rha
k�Jarr S�7a Kral 02