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Item D09 , BOARD OF COUNTY COMMISSIONERSCoun County Of Monroe Mayor Michelle Coldiron,District 2 The Florida Keys Mayor Pro Tern David Rice,District 4 y r Craig Cates,District 1 Eddie Martinez,District 3 Holly Merrill Raschein,District 5 INTEROFFICE MEMORANDUM TO: Kevin Madok, Clerk of the Court FROM: Mayor Michelle Coldiron DATE: October 18, 2021 SUBJECT: NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues brought before the Monroe County Board of County Commissioners with entities with which I am involved. I will abstain from the vote on issues concerning the following entities: Gary's Plumbing and Fire,Inc.,as I have a personal relationship with owner Gary Centonze and Florida Keys Area Health Education Center(AHEC)because I am a member of the Board. At the October 20,2021, BOCC meeting,I will abstain from voting on items #D. 9 and D. 19 A copy of both agenda items from the Revised Agenda for each of the referenced items is included for documentation. Att: State Form 8B Memorandum of Voting Conflict for County,Municipal,and other Local Elected Officers Michelle Coldiron, Mayor FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMrTTEE Coldiron Michelle, Ann Monroe County Board of County Commissioners MAILINGADDRESS THE BOARD,COUNCII,COMMISSION,AUTHOR"OR COMMITTEE ON 243 Key Deer Blvd. WHICH I SERVE IS A UNIT OF: Big Pine Key Monroe NAME OF POLITICAL SUBDIVISION: District 2 ONTE ON WHICH VOTE OCCURRED W ELECTIVE 0 APPOINTIVE 10/20/2021 WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this noason, please pay dose attention tmthe instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112'3143" FLORIDA STATUTES Apereon holding elective orappointive county, municipa|, or other local public office MUST ABSTAIN from voting on measure which would inure tohis or her special private gain or loss.Each elected cv appointed local officer also MUST ABSTAIN from knowingly voting on a maeamwrevvh(oh would inure to the special gain or loss of principal -odher than a government agency) by whom he or she is retained (including �u��n�dhe�a;emt. �ub�i�i�� or�b||nguqgmn�a%ionofap� w n����U�� hichheormheisetoined):kotheepeoial private gain or loss mfa relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 183.357. F.S., and officers of independent special tax districts elected on a onm'acna, one-vote basis are not prohibited from voting in that capacity. For purposes of this |amv e "relative" includes only the officer's father, mother, yon, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in'| .^ and daughhepin'|a°^A"business associate" means any person or entity engaged in or carrying on e business enterprise with the officer as a partner,joint venturer, com*ner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 O/#S AFTER THE VOTE OCCURS by completing and filing this fnmn with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described ebove, you are not prohibited by Section 112.3143from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TOTHE MEETING AT WHICH THE VOTE WILL 8E TAKEN: ^ You must complete and file this forrin (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting„who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Michelle Coldiron , hereby disclose that on October 20 120 21 (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of - by whom I am retained;or inured to the special gain or loss of - which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b; The measure before my agency and the nature of my conflicting interest in the measure is as follows: I have a personal relationship with Gary Centonze,owner of Gary's Plumbing and Fire,Inc. I serve on the Florida Keys Area Health Education Center Board. At the October 20,2021,Board of County Commissioners meeting,I will abstain from the vote on item(s): #D.9 Approval to award bid and enter into an Agreement with Gary's Plumbing and Fire,Inc.,for Full Maintenance Fire Protection Services at County facilities with an annual amount not to exceed$70,000.00.Funding is Ad Valorem. #D. 19 Approval of Fiscal Year 2022 contracts with local non-profit human service organizations(HSO)funded by the Board of County Commissioners through recommendations of the Human Services Advisory Board(HSAB)as per attached spreadsheet totaling $2,050,000. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(0,F.A.C. } D.9 `, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w � Holly Merrill Raschein,District 5 County Commission Meeting October 203, 2021 Agenda Item Number: D.9 Agenda Item Summary #9791 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval to award bid and enter into an Agreement with Gary's Plumbing and Fire, Inc., for Full Maintenance Fire Protection Services at County facilities with an annual amount not to exceed $70,000.00. Funding is Ad Valorem. ITEM BACKGROUND: A Request for Proposals (RFP) was issued on August 11, 2021, for Full Maintenance Fire Protection Systems at various Monroe County facilities. Bids were opened on September 14, 2021, in a competitive solicitation process and Black Fire Protection, Inc., and Gary's Plumbing and Fire, Inc. were the (2) two respondents. There was a Selection Committee Public Meeting on September 24, 2021. The Selection Committee recommended approval for award of the bid to Gary's Plumbing and Fire, Inc. as the highest ranked respondent. Gary's Plumbing provided further clarification in an email of its bid amount, which did not change its bid amount, but rather explained it further after a misunderstanding of the RFP Proposal Form. Staff would request that the Board waive this minor irregularity and award the bid to Gary's Plumbing as the highest ranked and responsible bidder. The quarterly inspection service amount of the contract shall be $5,368.75, with the annual inspection service costs of $21,475.00. The total for one (1), Five (5) Year Inspection Test for all buildings listed shall be $17,000.00, with the first five-year inspection to be completed within three (3) months of contract commencement. The total annual contract amount shall not exceed $70,000.00, unless pre-approved emergency work is required. There is an initial one (1) year term beginning November 1, 2021, which terminates on October 31, 2022. The County shall have an option to renew for an additional four(4) one-year periods. PREVIOUS RELEVANT BOCC ACTION: None — Prior BOCC approval to advertise the Request for Proposals was not necessary since this is a previously approved service contract. CONTRACT/AGREEMENT CHANGES: New Fire Protection Agreement from issuance of RFP STAFF RECOMMENDATION: Approval. Packet Pg. 191 D.9 DOCUMENTATION: Monroe County Fire Protection Agreement 09-24-202 1-Selection Committee Score Sheets and Final Score and Ranking Bid Tabulation Sheet 09-14-2021 09-15-2021 on 09-24-2021_email From Gary's Plumbing and Fire to OMB-provided by Patricia Eables Full Maintenance Fire Protection Systems Proposal_Gary's Plumbing and Fire Inc FINANCIAL IMPACT: Effective Date: 11/01/2021 Expiration Date: 10/31/2022 Total Dollar Value of Contract: $70,000.00/year Total Cost to County: $350,000.00 plus CPI-U adjustments Current Year Portion: $70,000.00 Budgeted: Yes Source of Funds: Ad Valorem CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes Additional Details: 1 year agreement with(4) four optional (1) one year renewals 02/20/19 001-20501 - FACILITIES MAINTENANCE $175,000.00 02/20/19 101-20505 - CORRECTION FACILITIES $128,000.00 02/20/19 147-20503 - UNINC PARKS & BEACHES $47,000.00 Total: $350,000.00 REVIEWED BY: Patricia Eables Completed 10/05/2021 9:26 AM William DeSantis Completed 10/05/2021 9:29 AM Purchasing Completed 10/05/2021 9:50 AM Budget and Finance Completed 10/05/2021 11:47 AM Maria Slavik Completed 10/05/2021 11:54 AM Liz Yongue Completed 10/05/2021 12:32 PM Board of County Commissioners Pending 10/20/2021 9:00 AM Packet Pg. 192 D.9.a AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS Z' MONROE COUNTY, FLORIDA This Agreement is made and entered into this 20th day of October, 2021, between MONROE COUNTY, FLORIDA("COUNTY"), a political subdivision of the State of Florida,whose address is 1100 SimontonStreet, Key West, Florida 33040, and Florida r fit Corporation, authorized to do business in the State of Florida, y ("CONTRACTOR"), whose address is 6409 216 Terrace, Suite1, Key West, Florida 33040. COUNTY desiresto contract for the performance of the work r services described in Exhibit" WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in attachedExhibit"A:'; it serves a legitimate lic purpose for CONTRACTOR to performthe work2 r services, as describedin attached Exhibit' ,"for Monroe County; THEREFORE, IN CONSIDERATIONf the mutual promises and covenants contained herein, it is agreed follows: 0) I THE AGREEMENT 2 The Agreement consists of this document, the Request for Proposals (" ") documents, exhibits, any addenda,the response o the RFP, and all required insurance documentation, only. 0 2. SCOPE OF WORK 2 The Scope of Workshall include, but not be limited t , all work and 1 or services shown and listed in Exhibit " ', which is attached hereto and made a part hereof. The 0 Contractor is required to providea complete job as contemplated by this Scope of Work. The Contractor shall fumish all labor, supervision, materials, power, tools, ei en , 2 sup lies, permits, if any are necessary, and any other means of construction or work necessary r proper for performing andcompleting the Scope of Work, unless otherwise specifically stated. 3. PERSONNEL Communication een the County Representative and the Contractor's personnel i very important. Therefore,the Contractor must assure that at least one(1)of its personnel per building can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee 1 Packet iPg. 193 D.9.a and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited t , OSHA regulations, and all other applicable local, State and Federal regulations. Uniforms are preferred for Contractor's personnel, however; photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 1 FINGERPRINTING Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty ( ) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The Ch County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It ) is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing their own employees, and shall be solely responsible for the pay, worker's compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to la enforcement and fire rescue. Background checks, including t a minimum: A. Warrants check; B. Fingerprints; C. Local Records check; D. Prior employment check; and E. Criminal History check are required of Contractor's personnel that will enter Monroe CountySheriff's Office (" C ") facilities. Background checks on such personnel will be conducted by the MC . c, MCSO may prohibit entry t , or remove from, any secure facility any Contractor employee 2 who, in the judgment of MCSO, poses a risk to the security or good order of the facility. o Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of the IVICSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check, is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight ( ) hours of being put on notice b 2 Packet iPg. 194 D.9.a the employee/subcontractor and/or within five O days of its occurrence shall constitute rounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR U_ A. Monroe Coun 's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners (" C"). County shall pay in accordance with the Florida Local Government Prompt Payment Act and Monroe County Code; payment will be made after delivery and CL inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices no later than twenty-five ( 5) days after inspections/repairs with supporting documentation acceptable to the Clerk. Five Year, y Annual, Semi-Annual, and Quarterly inspections shall be submitted in arrears with supporting reports. If any major deficiencies are found, the County must be notified in writing within forty-eight( ) hours, otherwise reports must be submitted within fifteen(15) days of inspection date. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk is based CL on generally accepted accounting principles and such laws, rules, and regulations as may 2 govern the Clerk's disbursal of funds. Monroe Coun `s Fiscal Year is October 1 sl through September 301. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. 0) C. The County shall pay the actual cost of parts and materials, excluding freight, equipment rental, tax amounts, and services supplied by others purchased from the manufacturer, plus fifteen percent (1 %), to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts CL whether the part is under warranty or not. 2 D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the unit prices set forth in the Contractor's bid as follows: Labor—Normal working hours of :00 a.m. to 5:0 ., Monday through Friday, excluding holidays: $175.00 per hour, mechanic $262.50 per hour, mechanic plus helper 7.50 per hour, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $262.50 per hour, mechanic Packet iPg. 195 D.9.a $393.75 per hour, mechanic plus helper $131.25 per hour, mechanic helper working alone or additional helper Parts CostPlus: Fifteen ( %) of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services sup lie others). Such costs must be documentedfor each repair and/or maintenance job and included with all Applications for Payment. The following buildings will require: One (1), { } Five ( ) Year Inspection Test (to be completed within three ( ) months of contract commencement), One (1) Annual Inspection flow f the Fire , One (1) Semi-Annual Inspection, ( ) Quarterly fire sprinkler system inspections sing per the latest edition .2 Monroe County Detention Center 5501 College oa $ 3,200.00 cos hr. CL 0 Key West, L 33040 2 3.000.00 5 yr. inspection -- 0) Harvey overn t Center 1200 Truman Avenue 1,850.00 cost r. Key West, FL 33040 $ 1,00 .00 5 yr. inspection O Lester Building 530 Whitehead Street 1,025.00 cost/ r. L 2 Key West, FL 33040 $ 1,000.00 5 yr. inspection O Monroe County Courthouse 502 Whitehead Street $ . 2 0 cost/yr. C Annex/Old Annex/Old Jail {TESTING SCHEDULED Key West, FL 33040 AROUND COURT HEARINGS) 5 yr. inspection Marathon Government Annex 490 631d Street, Ocean $ cost/yr. Marathon, FL 33050 yr. inspection 4 Packet;Pg. 196 D.9.a Plantation Key Jail 53 HighPoint Road 1,450.00 costfvr. Tavernier, FL 33070 1,000.00 _5 yr. ins ection Marathon Jail 3981 Ocean Terrace S 850.00 costfvr. Marathon, FL 305 2 $5 5_yr. inspection The followingbuildings will require: CL One (1), Five O Year Inspection (to be completed within three O months of contract commencement), One (1) Annual Inspection, n 1) Semi-Annual Inspection, , and Two ( ) Quarterly fire sprinklerinspections i r the latest edition f Monroe County Historic Courthouse 500 WhiteheadStreet $ . costfvr. Key West, FL 33040 $ 1,000.00 5 yr. inspection CL 2 Monroe County Sheriff 5525College Road $ 1,750.00 costfvr. �-- inistration Bldg. Key West, FL 33040 $ 1.000.00 5 yr. inspection E Dept. of Juvenile Justice Building 5503College Road $ 1,650.00 cost/yr. Key West, FL 340 $ 5 yr. inspection 0 Bayshore Manor 5200 College Road $ 525-00 csLyr. . Key West, FL 33040 $ 500.00 5 yr. inspection Freeman Justice Center 302 Fleming Street $ .75 . cost/ r. Key West, FL 33040 $ 1,000.00, r. inspection Murray Nelson Government Center 102050 Overseas Highwaycostfvr. Key Largo, FL 307 $ 1,000.00 .. 5 yr, inspection Packet iPg. 197 i D.9.a Monroe County Fire Station No. 17 10 Conch Avenue 525.00 cast/yr. Conch Key, FL 33050 0.00 5 yr.inspection Monroe County Fire Station No. 13 30 Key Deer Blvd, $ 525.00 cost r. 2 Big Pine Key, FL 34 $ 500.00 5 yr.ins ection Monroe County Fire Station No 8 61 0 2nd v. 525.00 cost& . Stock Island, FL 300 v, 0 5 yr.inspection Joe London Fire Training cads 63 Overseas Highway $ 5. cst/yr. Crawl Key, FL ) 500.00 5 yr. inspection 0 Bernstein Park 675151h St. 525.00 cost rr. L Stock Island, FL 33 5 5 yr.inspection Monroe County Fire Station No. 11( ) 22352 Overseas Highway $ 525.00 cost/vr. u joe Key, FL 33042 $ 500.00 5 yr.inspection o Marathon Library (new) 390 Overseas Highway S 525.00 cost r. CL Marathon, FL 33 $ 50 __Syr. inspection 0 WHEN PERFORMING ANNUAL INSPECTIONS SOME MONROE COUNTY FACILITIES,PRIMARILY THE tJ COURTHOUSES,IT MAY BE NECESSARY TO SCHEDULEINSPECTIONS EF RE OFAFTER NORMAL BUSINESS HOURS. 2 r_ 0 The total quarterly servicet of the contract shall be FiveThousand Three Hundred Sixty-eight a 11 ( 5, .75) Dollars,for an annual inspections amount of ent - one Thousand Four Hundred Seventy-five and 00110 ( 1, 5. ) Dollars. The total for one (1), Five ( ) Year inspection for all buildings listed herein shall be in the amount of SeventeenThousand and 11 ( 1 . 0) Dollars. 6 Packet iPg. 198 D.9.a Contractor shall submit all invokes i the DDlic tion for Payment form attached hereto as Exhibit " hereof Therell be no additionalc r s to the Owner for travel, mileage, meals, or lodging. Contractor shall it itemized invokes in writing. iv E. Total Annual Compensation to CONTRACTORunder this Agreement shall not exceed Seventy Thousand and 0110 ( 70, 0 .00) Dollars, unless pre-approved work requiring additional funds is implemented. F. Major Component Failure or System Breakdown In the event of a major component failure or system breakdown, the County, shall have the option to request from the Contractor only, a proposallquote for replacement equipment in an . amount that could exceed Five Thousand and 0 /100 ( 5, 0.00) Dollars.Any proposal over W Five Thousand and 11 ( ,000.00)Dollars, up to and including Ten Thousand and 001100 ( 10,0 0. ) Dollars, must be approved and signed by the Division Director and/or the County .2 Administrator. Any proposal over Ten Thousand and 0/1 0 ( 10,0 0.00) Dollars, up to and including Forty-nine Thousand i unredNinety-nine and 991100 ( . ) Dollars, must be approved and signed by the Division Director and the County Administrator. L 6. TERM OF AGREEMENT This one (1)year Agreement shall commence on November 1, 2021, and ends upon October E 1, 2022, unless terminated earlier under paragraph 1 of this Agreement. 2 The County shall have the option to renew this Agreement for up to an additional four( )one- year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (3 ) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term"of this Agreement shall mean the CL initial term of one (1)year.The County is not required to state a reason if it elects not to renew. 2 The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (C I-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U 0 computation at December 31 of the previous year. 0 0 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted o the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS PacketiPg. 199 D.9.a 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 five (5) years from the submission of the final expenditure report as per 2 CFR§200.33, if applicable,whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. 9. RIGHT TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful L and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including , documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the ) Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered 0. by any contract document(all foregoing hereinafter referred to as"Records") shall be open to 2 inspection and subject to audit and/or reproduction by County's representative and/or a ents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying E payroll computations, overhead computations, observing vendor and supplier payments, 2 miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (1 )years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed y Monroe CL County or County Clerk determines that monies paid to Contractor pursuant to this Agreement 2 were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 5 .0 , F.S., running from the date the monies were paid to Contractor. The right to audit provisions survives the termination of ca expiration of this Agreement. r- 0 10. 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 11 , Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The Packet;Pg. 200 D.9.a Countyshall 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 prevailingparty, be entitled to reimbursement of all ttorney'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 terrns and conditions of this contract, the Contractor is required t : (1) Keep and maintain public records that would be required by the County to perform the y service. ( ) 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 rovie law. ( ) 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 f the contract term and following completion of the contract if the contractor does not transfer 0. the records to the County. 2 ( ) Upon completion of the contract, transfer, at no cost, to the County all public records i possession of the Contractor or keep and maintain public records that would be required by the County to performthe service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the out ' custodian of records, in a format that is compatible with the information technology systems 2 of the County. O 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 ounty's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the Coun '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 1113.1 , Florida Statutes. 9 Packet;Pg. 20'1 D.9.a 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. APPLICATION OF CHAPTER I RIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CON ACT THE CUSTODIAN OF PUBLIC IF THE CONTRACTOR HAS STIONS REGARDING THE WEST.BRADLEY- y FL 33040. 11. HOLD HARMLESS, INDEMNIFICATION, Notwithstanding any minimum insurance requirements prescribed elsewhere in this r_ agreement, Contractor shall defend, indemnify, and hold the County and the o 's elected and appointed officersand 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 t , or sustained b , 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 E negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or(C) Contractor's default in respect of any of the 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 r any of its employees, agents, contractors, or invitees (other CL than Contractor). The monetary limitation of liability under this Agreement shall be equal 2 to the dollar value of the contract and not less than 1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this paragraph. Insofar as the claims, actions, causes of action, litigation, rocein s, 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 Coun 's behalf. 0 Packet;Pg. 202 D.9.a The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this Agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: COMPENSATIONWORKERS I I I INSURANCE. Where applicable, coverage to apply for all employees at a minimumstatutory limits as required y Florida Law, andEmployee's Liability coverage in the amount of $100,000.00 bodily injury y accident, $500,000.00 bodily injury y disease, policy limits, an 100,0 0.00 bodily injury disease, each employee. AUTOMOBILECOMPREHENSIVE L LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Propertya e Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. It single limits are provided,the minimum acceptablelimits are $200,000.00 per person, $300,000.00 per occurrence, and property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hire vehicles. 0 COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits L of liability of not less than $500,000.00 per occurrence combined single limit for Bodily W Injury Liability and Propertya Liability. CERTIFICATESri it Certificates of Insurance shall be provided t a, the County at the time of execution of this Agreement and certified copies provided i CD requested. Each policy certificate shall be endorsed with a provision that not less than thirty ( ) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted.The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, 0. employees, agents, and volunteers. 2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE11 INSURED ON ALL POLICIES WORKER'S1 0 IMMUNITY12. NON-WAIVER OF Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. . INDEPENDENT CONTRACTOR 11 Packet iPg. 203 D.9.a t all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 14. NONDISCRIMINATION1 EgUAL EMPLOYMENT OPPORTUNITY_ CU- NTRACTOR 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. CONTRACTORagrees to comply with all Federal and Florida statutes, and .2 all local ordinances, as applicable, relating to nondiscrimination. These include but are y not limited to: 1) Title VII of the Civil Rights Act of 1 ( L - ) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education y Amendment of 1972, as amended (20 USC s . 1681-1683, and 1 -1 ), which prohibits discrimination on the basis of sex; } Section 504 of the Rehabilitation Act o 1973, as amended ( 0 USC s. 7 ), which prohibits discrimination on the basis of handicaps; ) The Age Discrimination Act of 1975, as amended (42 USC ss. 101-61 ) which prohibits discrimination on the basis of ; ) The Drug Abuse Office and Treatment Act of 1 ( L - 55), as amended, relating to nondiscrimination on the basis of drug abuse; ) The Comprehensive Alcohol Abuse and Alcoholism Prevention, CL Treatment and Rehabilitation Act of 1970 ( L 1-61 ), as amended, relating to 2 nondiscri ination 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 Dee- ), a ended, W relating to confidentiality of alcohol and drug abuse patient records; )Title VI II of the Civil Rights Act of 16 (42 USC s. 3601 et se .), as amended, relating to nondiscrimination in the sale, rental or financing of housing; )The Americans with Disabilities Act of 1 (42 USC s. 111Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 1 , 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 e; 11) Any other . nondiscrimination provisions in any Federal or state statutes which may apply to the parties t , or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with 0 Equal Employment Opportunity( 0 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1 -1 Comp., p. ), as amended by Executive Order 1175, Amending Executive Order 1125 Relating to Equal Employment Opportunity, and implementing regulations at c 1 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, AppendixII,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 12 Packet iPg. 204 D.9.a orientation,gender identity, or national origin. Such action shall include, but not e 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 setting forth the provisions of this nondiscrimination clause. ) The Contractor will, in all solicitations or advertisements foremployees 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. ) The Contractor will not discharge or in any other manner discriminate against any employee or applicant foremployment because such employee or y 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 2 CL r charge, in furtherance of an investigation, proceeding, hearing, or action, 2 including an investigation conducted by the employer, or is consistent with the it Contractor's legal duty to furnish information. 0) ) The Contractor will send to each labor union or representative of workers ith 2 which it has a collective argaininagreement or other contract or understanding,a notice to be provided vii the said labor union orworkers' representative of the Contractors commitments under this section, and shall post copies of the notice in conspicuous places available toemployees and °' applicants fore loymnt. CL 2 2 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. 0) r- ) The Contractor will furnish all information and reports required by Executive Order 116 of September 24, 1965, and by the rules, regulations, and orders f the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering 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 noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this 13 Packet iPg. 205 D.9.a contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction 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. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through ( ) 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 1126 of September 24, 1965, so that such provisions will be binding upon y 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 ie tates to enter into such liti ation to protect the interests °- the United States. 0 15. ASSIGNMENTISUBCONTRACT -- Contractor shall not assign or subcontract its obligations under this Agreement to others, except in writing andwith the prior written approval of the Board of County Commissioners E of Monroe County, which approval shall be subject to such conditions and provisions as 2 the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 1 . COMPLIANCE WITH LAW AND LICENSE In providing all services/goods services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions o , such services, including those now in effect and r- hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 17. DISCLOSUREI INTEREST 1 Packet;Pg. 206 D.9.a Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 11 . 11, et. seq., Florida Statutes. 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'sagency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. o Sol icittionly ent. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed CL to pay any person, company, corporation, individual, or firm, other than a bona fide `A employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 18. NO PLEDGE OF CREDIT Contractor shall not pledge the ounty's credit or make it a guarantor of payment or surety 2 for any contract, debt, obligation,judgment, lien, or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. IREMENT All written correspondence to the COUNTY shall be dated and signed y an authorized representative of the COTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid, 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. otice is deemed received by CONTRACTORwhen 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: r_ 0 COUNTY:FOR FOR CONTRACTOR: E Monroe n 's Plumbing andFire, Inc. Facilities Maintenance a enAttn: Gary Centonze, President 3583 S. Roosevelt Blvd 6409 2nd Terrace, Suite 1 Key West, FL 33040 Key West, FL 33040 n 1. Packet iPg. 207 i D.9.a County Attorney 1111 1 'h Street, Suite 408 y West, FL 300 20. TAXES County is exempt from payment f Florida State Sales and Use taxes. Contractor shall not be exempted y virtue of the Coun 's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the o 's Tax Exemption Number in securing such materials. Contractor shall e responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. TERMINATION21. A. In the event that the CONTRACTOR shall be foundo 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 B. Either of the parties hereto may cancel this Agreement without cause by givingthe other party sixty (G ) days' written notice of its intention to do so. 0. C. Termination for Cause and Remedies: In the event of breach of any contract terms, 2 the COUNTY retains the right to terminate this Agreement. The COUNTY may alsoterminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to performthe covenants herein contained t the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide i five (5) calendardays' notice and providethe 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 it the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost o L- completion to the COUNTY exceeds the funds remaining in the contract; however, the L 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. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this Agreement it the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior t 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. 1 Packet;Pg. 208 D.9.a E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 7.1 ( ), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott f Israel, the County shall have the option f (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 t ection 7.1 ( )( ), Florida Statutes, or ( ) maintaining the Agreement if the conditions of Section .15( ), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section .1 (5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran y Petroleum Energy ctr List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 7.135(5)( ), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 7.1 ( ), Florida ) Statutes, are met. 22. GOVERNING LAW, VENUE, AND INTERPRETATION 0 CL This Agreement shall be governedby and construed in accordance it the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. W In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation f this Agreement, the County and Contractor agree that E venue will lie in the appropriate court or before the appropriatea inistrative body i Monroe County, Florida. The Parties waive their rights to trial by jury. The County Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 0 23. MEDIATION 2 The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary race rs required by the circuit court f Monroe County. If anyterm, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affectedthereby; and each remaining term, 17 Packet iPg. 209 D.9.a covenant, condition and provision of this Agreement shall be valid and shall b enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County n Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes s close as possible to the intent of the stricken provision. County25. ATTORNEY'S FEES AND COSTS and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement r interpretation of this Agreement, the prevailing partyshall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing , at all levels of the court system, including in appellate y proceedings. ADJUDICATION26. COUNTY and CONTRACTOR agree that all disputes and disagreements shall attempted to be resolved by meet and confer sessions between representatives of each - of the parties. The CONTRACTOR and COUNTY Representativeshall try to resolve the claim r dispute with meet and confer sessions. If the issue or issues are still not resolve to the satisfaction of the parties, then any party shall have the right to seek such relief or L remedy be provided by this Agreement or by Floridalaw. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraph 14 or Paragraph 21 concerning termination or cancellation. CD 0 27. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating o the formation, execution, performance, or breach of this Agreement, County and 2 Contractor agree to participate,to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 0 0 BINDING28. 0 The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, 0) successors, and assigns. 29. AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity 1 Packet iPg. 210 D.9.a to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily, and with advice of counsel. CLAIMS30. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement.Any conditions imposed as a result of fundingthat affect the Project will be provided to each PRIVILEGES31. II of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which y apply to the activity officers, agents, oremployees of any public agents oremployees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degreeextent to the performance f such functions and duties of such officers, e ts, volunteers, oremployees outside the territorial limits of the County. 32. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended t , nor shall it be construedas, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the perforrnance may be offeredin satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted the Florida constitution, state statute, and case law. 33. 0 NON-RELIANCENON-PARTIES Non-Delegationof Constitutional or Statutory Duties. No person or entity shall be entitle CL to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of anyice or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this o Agreement. 34. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require t include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, Non- Collusion Statement, and a Drug-Free Workplace Statement. 1 Packet iPg. 211 D.9.a 35. NO PERSONAL LIABILITY o covenant r agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, no member, officer, t, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability reason of the execution of this Agreement. EXECUTION36. This Agreement may be executed in any number of counterparts, each which shall be regarded an original, all of which taken together shall constitute one and the same E instrument and any of the parties hereto may execute this Agreement by signing y such counterpart. y 37. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. CRIME38. PUBLIC ENTITY "A person or affiliate o has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid, proposal, or reply on a contract W to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract it public entity for the construction or repair of a public building or public E work, may not submit bids on leases real property to o 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 withany public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO fora period of thirty-six(36) months from the date of beingplaced on the convicted vendor list." 39. MUTUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County. Therefore, �i this Agreement is not to be construed against either party on the basis of authorship. 2 r_ 0 INCORPORATION40. The terms and conditions of the RFP documents are incorporated reference in this E contract agreement. 41. ANNUAL APPROPRIATION The Coun 's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the 20 Packet iPg. 212 D.9.a Countyfunds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. INTEREST42. COVENANT OF NO County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive efits a recited in this Agreement. 43. AGREEMENTS WITH SUBCONTRACTORS In the event that the Contractor subcontracts any or all of the work in this project to any CL third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements r contracts of any nature with his/her y subcontractors shall include the County as an additional insured. The CONTRACTOR and its subcontractors must follow the provisions, as applicable, s set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II t C.F.R. Part 20 , as amended, including but not limited t : 0. .1 Davis-Bacon Act,Davis- as amended ( 31 1- 1 ). When required by Federal 2 program legislation, which includes Emergency Management Preparedness Grant W Program, o elanSecurity Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, PortSecurity rant Program n Transit Security E Grant Program, all prime construction contracts in excess of $2,000 awarded y non- Federal entities must comply with the Davis-Bacon Act ( 0 141- 1 , and 14 - 1 ) as supplemented by DepartmentLabor regulations (29 CFR Part "Labor Standards Provisions Applicableto Contracts Covering Federally Finance an Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanicsat a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be 0. required to pay wages not less than once a week. If applicable, the COUNTY must place 2 a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit " 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. 0 When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, HomelandSecurity rant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, PortSecurity rant 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" ct (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFRart 1 Packet iPg. 213 D.9.a 3, "Contractors and Subcontractorson 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, 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. (1) Contractor. The contractor shall comply with U.S.C. 4 3145, and the requirements of 29 G.F.R. Part 3 as may be applicable, hich are incorporated by reference into this contract. ( ) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriateinstructions require, and also a clause requiringy the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the y compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ( ) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor an subcontractor as provided in 29 C.F. .12. 0 Additionally, in accordance it the regulation, each contractor and subcontractor must 0. furnish each week a statement with respect to the wages paidc of its employees 2 engaged in work covered by the Copeland Anti-KickbackAct 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 a representative of a Federal or State agency in charge at the site of the building or work. Contract44.2 r r ( 0 U.S.C. 01- 0 ). Where applicable, hich includes all FEMA grant and cooperative agreement ro r s, all contracts awarded the COUNTY in excess of$100,000 that involve the employment mechanics or laborers must comply with 40 and 374, as supplemented y Department of Labor regulations (29 CFR Part ). Under 40U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of standard workweek of 40 hours.Work in excess of the standard workweek 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 workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no 0 laborer or mechanic must be required to work in surroundings or under working conditions, which are unsanitary, hazardous or dangerous. These requirements o 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 22 Packet iPg. 214 D.9.a 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 i excess of forty hours in such workweek unless such laborer or mechanic receives compensation t a rate not less than one and one-half times the basic rate of pay for all hours or in excess of forty hours in such workweek. ( ) violation,liability for unpaid s®liquidated damages. In the event of any violation of the clause set forth in paragraph O(1) of 29 C.F. .5, the U_ 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 Columbia or a territory, to such District or to such territory), for liquidated Dama s. Such liquidated a a es shall be computed it y respect to each individual laborer or mechanic, including tch en and wards, employed in violation of the clause set forth in paragraph ( )(1) of 29 C.F. .5, in the sum of 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 ( )(1) o .5. ( ) 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, 0. from ny moneys payableaccount of work performed by the contractor 2 r subcontractor under any such contract or any other Federal contract with �.. the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety StandardsAct, which is held by the E same prime contractor, such sums as may be determined to be necessary to satisfy liabilities of such contractor or subcontractor for unpaid wagesn liquidated damages as provided in the clause set forth in paragraph ( )( ) o 5. . O Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F. 5.5, paragraphs O(1) 0. throw ( ), and also a clause requiring the subcontractors to include these 2 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 29 C.F. 5.5, paragraphs (1)throw (4). 0 RightsInventions Made Under a Contrac . If the Federal award Bets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business i r Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Cleanit Act - 1 Federal Water Pollution Z Packet iPg. 215 D.9.a Control Act ( §§1251-1387, as amended). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air c , as amended (42 U.S.C. 7 1- 61 )and the Federal Water Pollution Control c , as amended (33 1251-1 ) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection c (EPA). The Clean Air Act ( 1-7 1 .) and the Federal Water Pollution Control Act(33 U.S.C. 11-13 ), as amended, applies to Contracts n sub r nts of amounts in excess of $150,000. The contractor agrees to include these requirements in eachsubcontract exceeding 1 ,000 financed in whole or in part with Federal assistance rvi e y FEMAIFederal agency. The Contractor agrees to report each violation to the understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to Federal Agency and the appropriate EPA .2 CL Regional Office. Suspension".5 Debarment and (Executive r 126t9j. A contract and under a "covered transaction" (see 2 C.F. 1 .2 ) must not be made to parties listed on the government wide exclusions in the System for Award Management ( ), in accordance with the OMB guidelinesat 2 C.F.R. Part 180 that implement xecutive Orders 1 (3 C.F.R. part 1986 Comp., p. 1 ) and ) 1 (3 C.F.R. part 1989 Comp., p. ), "Debarment and Suspension" and the Department of HomelandSecurity's regulations at 2 C.F.R. art 3000 ( onrocre ent Debarment and suspension). SAM Exclusionscontains the namesparties rr , suspended, or otherwise excluded by agencies, as well CL s parties declared ineligible under statutory r regulatory authri other than Executive Order 12549. SAM exclusions can be accessed at www.sarn. o . Contractor is required to verify that none of the contractor's principals (defined at 2 C.F. 1 ) or its affiliates (defined at 2 C.F. 1 0. ) are excluded (defined at 2 C.F. 1 0. ) or disqualified (defined t 2 C.F. 1 . ). 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 it these regulations in any lower tier covered transaction it enters into. This certification is a material representation of factrelied 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. 3000, subpart , in addition to remedies available to the COUNTY, the Federal Government y pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 300, subpart while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder ca or Proposer further agrees to include a provision requiring such compliance in its 0. lower tier covered transactions. 44.6 rd Anti-Lobbying Amendment ( U.S.C. 1 ). Contractors that apply r bid for anaward exceeding 1 0, 0 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds o pay any person or organization for influencing or attempting to influence an officer oremployee of any agency, a member of Congress, officer oremployee of Congress, or an employe of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31U.S.C. § 152. Each tier must also disclose any lobbying it non-Federal funs that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from 2 Packet iPg. 216 D.9.a tier to tier up to the recipient who in turn will forward the certification(s) to the awarding ec . If awardexceeds 1 0 , the certification, attached hereto as Exhibit "13" and made a part hereof, must be signedand submittedby the CONTRACTORto the T .) 44.7 Compliance it Procurement of RecoveredMaterials forth i 200.322. CONTRACTOR must comply itSection f the Solid Waste Disposal t, as amended, the Resource Conservationand Recovery Act. The requirements o Section 6002 include procuring only items designatedin guidelines of the Environmental Protection c (EPA) at 40 C.F.R Partthat 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 f the quantity acquired ri the preceding fiscal year exceeded 1 0; procuring solid waste management services in a manner that maximizes energy andresource recovery; y and establishing an affirmativeprocurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximumuse of products containing recovered materials that are 2 EPA-designated items unless the product cannot be acquired - 1. Competitively withintimeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; r CL 3. t a reasonable price. 2 Information about this requirement, aIon it the list of EPA-designated items, is available t 's Comprehensive Procurement Guidelines website, t s®f! ovl /co r siv - roc r t- ui el'n -c - ro ra . Contractor also agrees to comply ith all other applicable requirements ection 6002 of the Solid WasteDisposal Act. 44.8 Prohibition in Telecommunications and Video Surveillance Servicesi as t forth in 2 C.F.R. 1_2QO.216. Recipients and subrecipients. and their contractors and subcontractors not obligate r expend any federal funds to 1) Procure or taint end L r renew a contract to procure or obtain: orEnter into a contract (or extend or rene contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component f any system, or as critical technology as part of any system. As described in Public Law 11 - , section , covered telecommunications equipment is telecommunications equipment produced y Huawei Technologies Company or ZTE Corporation ( r any subsidiary r affiliate of such entities). (1) 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 rCommunications Corporation, Hangzhou U Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary r 21 affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. 25 Packet iPg. 217 D.9.a (ill)Telecommunications or video surveillance equipment or services produced or provided by a entity t the Secretary of Defense, in consultation i the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entityowned r controlled , or otherwise connected to, the government of a covered foreign country. 44.9 Domestic Preference for Procurements as set forth i The COUNTY and CONTRACTOR should, to the great extent r cti le, provide reference for the purchase, acquisition, or use of goods, products, or materials produced U- 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: "Produced in the UnitedStates" means, for iron and steel products, that all manufacturing CL _y processes, from initial melting stage through the applicationcoatings, occurred in LN the UnitedStates. "Manufactured pr s" means items and construction materials composed in whole or in partof non-ferrous metals such as aluminum; plastics nd polymer-based products such as polyvinyl chloride ipe; aggregates such as concrete; glass, including tic I fiber; and lumber. r- 44.10 Americansit i iliti 1 . The CONTRACTOR will comply With all the requirements as imposed the ADA, the regulations of the Federal government issued thereunder, and the assurance the CONTRACTOR pursuant thereto. L 2 44.11 Disadvantaged iEnterprise (DBE) Polle and Obligation. It is the -- policy of the COUNTY that 's, as definediPart 26, as shall have the opportunity to participate in the performance of contracts financed in E 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 are to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, II recipients and contractors shall take all necessary andreasonable steps in accordance i C.F.R. 0 .31(as set forth in detail below), applicable federal and state laws and regulations to ensurethat the 's have the opportunity to compete for and L perform contracts.The COUNTY and the CONTRACTOR andu co tr c r shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuantto this Agreement. U C.F. .321 CONTRACTING WITHSMALL AND MINORITY__ BUSINESSES, IENTERPRISES, AND LABOR SURPLUS C FIRMSAREA A, If the CONTRACTOR, with the funs authorized by this Agreement, seeks to subcontract goods orservices,then,in accordancei . 1,the CONTRACTOR shall take the following i ative steps to assure that minority businesses, en's business enterprises, and labor surplus area firms are used wAhngen2y2Lp2asible. B. Affirmative steps must include: (i) Placing qualifiedall and minoritybusinesses and women's business enterprises on solicitation lists; (2) Assuring that small and minoritybusinesses, and women's business enterprises 26 Packet,Pg. 218 D.9.a re solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximumparticipation by small and minority businesses, and women's business enterprises; ( ) Establishing delivery schedules, where the regWfgmgnt per its, which encourage participation all and minoritybusinesses, and women'sbusiness enterprises; (5) Using the services and assistance, as appropriate, such organizations as the II Business Administration and the Minority Businessv to t Agency of the LL Departmentof Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through ( ) of this section. Z AND/OROTHER FEDERAL applicable) 44.12 Access to Records. Contractor/Consultant andtheir successors, transferees assignees, and subcontractors acknowledge and agreecomply it applicable provisions governing the Departmentof Homeland Security ( ) and the Federal Emergency ManagementAgency's ( ) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any U) compliance review r complaint investigation conducted by DHS; (2) Give DHS access to and the right o examine n copy records, accounts, and other documents sources of information related to the grant and permit access to facilities, personnel, and 0 other individuals and information s may be necessary, s required regulations 0. and other applicable laws or program guidance; ( )Submit timely, complete,and accurate reports to the appropriate DHS officials it in appropriate backup documentation to support the reports. 44.13 QHS Seal, Logo, and Flags ontractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials wiut specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. Contract.44.14 Changes to The Contractor understands and agrees that any cost resulting from change or modification, change order, or constructive change of the agreement L must be withinthe scope of any Federal grant or cooperative agreement that may fund ir 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 the County andContractor. 2 Compliance44.15 ith Federal Law, Regulations, and Executive . This is an C acknowledgement that FEMA financial assistance may be used to fund all or a portiono the contract. The Contractor will comply ill all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. E Obligation v Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations r liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertainingto any matter resulting from the contract. 44.17 Program I Fraudulent Statements or Related . The Contractor acknowledges that 31 . 3 (Administrative Ra ei s for False 7 Packet iPg. 219 D.9.a Claims ns applies to the contractor's actions pertaining tot is contract. 44.18 E-Verify System — Beginning January 1, 2021, in accordancei I t., Sec. ,the Contractor and any subcontractor shall register i II utilize the U.S. Department of Homeland Security's - i rify the work authorization status of all new employees it y the Contractor during the termthe Contract shall expressly require any subcontractors perfor i a or providing servicesrunt to the Contract o likewise utilize the U.S. Department of HomelandSecurity's E-Verify systemo verify rk authorization of all new employees hired by the subcontractor during Contract r subcontractor ll provide an affidavit stating t the subcontractor o s not employ, contract wit , or subcontract wi n unauthorized alien. The Contractor shall comply with and be subjectto the provisionsI t ., Sec. E y If thisAgreement is funded by the Floridao f Emergency Management ( ), the Contractor will be bound by the terms and conditions of any applicable , Federal ly- Sub-Award r nt Agreement betweenthe County and the Florida Division Emergency Management (Division). If applicable,the Contractorshall hold the Divisiono harmless is ll claims r_ of whatever nature arisingu r or's performance of work under this Agreement, to the extentallowed required law. 0 45. UNCONTROLLABLE CIRCUMSTANCE CL Any delayor failure of either Party to perform its obligations un r this Agreement will be excused o the extent that the delay or failure was caused directlyy an event beyond such 's control, without such 's fault or negligence and thatits nature could not have been foreseen y such Party or, if it could v n foreseen, was unavoidable' ( ) acts of God; ( ) flood, fire, earthquake, explosion, tropical storm, urri n or other declared r ncy in the geographict of the Project; (c) war, invasion, hostilities (whether r is declared or not), terrorist threats or acts, riot, or other civil unrest in the .2 geographic area of the Project; O government order or law in the geographic area Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibitingr in the geographic CL area of the Project;(each, ncontr ll I Circumstance"). financial inability to perform, can s in cost or availability of materials, components, or services, market n iti ns, or supplier ci s or contract i ill not excuse performance Contractor under this Section. Contractor shall give County written notice withins of y event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, n ii duration of such Uncontrollable Circumstance. Contractor shall use all diligent effortsthe UncontrollableCircumstance, ensure that the effects of any Uncontrollable Circumstancer ii i resume full performance under this Agreement. The Countyill not pay additional cost result of an Uncontrollable Circumstance. The Contr cor may only seek a no cost n for such reasonable i s the Owners Representative may determine. 46. ENTIRE AGREEMENT 28 Packet;Pg. 220 D.9.a This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment this Agreement shall be in writing, approved by the Board of County Commissioners, and signed both parties before it becomes effective. FINAL47. This Agreement is the parties' final mutual understanding. it replaces any earlier agreements r understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed ree t. [REMAINDER INTENTIONALLY LEFT BLANK) [SIGNATURE PAGE TO FOLLOW] CL CD 2 0 CL 0 2 C 0 29 Packet iPg. 22'1 D.9.a WHEREOF,IN WITNESS COUNTY and CONTRACTORhereto have executed this Agreement on the day and year first written above in one (1) counterpart, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS ttt: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA As Deputy Clerk y r Date: Witnesses for CONTRACTOR: CONTRACTOR: ` L I I , 0 CL y` 1i- i to a of person Ithorized t iW legally ' ind CONTRACTORE 42,74 Folk-$ 12d , ejj�. A Zj 9 0 Da�te Print Name Print NaAe and Title 0 �w g I rss: 2 i nature 0 2 114 r- 3o5 Mb -boo0 to Print Name Telephone Number Date moNRoF c AZSIST&TdW6�Ey DAM Packet iPg. 222 D.9.a EXHIBIT "A" CL SCOPE OF WORK CL CL 0 2 C 0 3 . Packet iPg. 223 D.9.a "A" SCOPE OF WORK Specifications and y e is to Contractor: e Contractor shall hold current Florida License, in compliance with Fla. Stat. Secs. 633.318, 633.521, and FAC 6 -46: Fire Protection Systems Contractor and Water Based Inspector. The Contractor shall be available twenty-four( ) hours per day, three hundred sixty-five ( 65) days per year. a Contractor shall be at the site of the Fire Protection System malfunction within five (5)hours of verbal,email,or text notification by the County. The Contractor shall provide an after- hours contact person and phone number. The County,upon award oft the contract, shall provide ay contact person and phone number for building and equipment access. Bid prices shall include a complete program including inspection, testing, maintenance, and repairs in accordance with all guidelines issued per the adopted F C - Florida Fire Prevention Code, 7th Ed. 2020, by reference NFPA 25, 2020 Ed. (FFPC adopted F.S. Sec. 633.202 and FAC 69A-3.012 for the fire suppression sprinkler systems including associated pipingequipment t the facilities listed it e Scope of Work below. 0 Total Service Coverage. Contractor is to provide all parts, tools, labor, accommodations, and 0. transportation required to provide fort the inspection, testing,maintenance, and repairs per NFPA 2 25, and schedules as well as keeping the equipment in proper operating condition to protect -- against unpredictable repair expenditures as well as ensure reliability efficiency. Note: No oral interpretations will be made by the Contractor as to the meaning of referenced N A 25 documents. Contractor shall request interpretations through the Monroe County Contract Monitor. Monroe County Fire Marshal or his / her designee shall provide in writing forinal code interpretations. 0 e Contractor shall provide Facilities Maintenance and the Monroe County Fire CL Marshal with the annual inspection sc a e. 2 Contractor2. The coordinate l inspections cili ` Maintenance, e County Fire Marshal, and the County"s current Contractorits Fire and Panic Alarm Annual Certification,Mainten ,and Monitoringf the County's systems. 0 e Contractor and the 's Fire and Panic Alarm Contractor1 coordinate placing a systems i "Test" mode during any inspections. 3. The Contractor shall document each -site service l or i c ' is c the Contract Monitor with a copy showing ` e in t, date, and a brief description ` i for -site system revs ive maintenance ill list the inspection t , individual to report to, equipment identification, equipmentlocation, work to be performed, and any specialinstructions. Additionally,an electronic copy of all annual inspections a sent to the Monroe County Fire Marshal. 4. e Contractor shall include writtenfindings, corrective c ' s, and recommendations within the QuarterlyInspection s. Whenever 32 Packet iPg. 224 D.9.a permittingengineering services are requiredfor repairs/replacements, e Contractor shall submitthe County the is actual certified documentedcosts for such services and shall invoice the County for reimburse reimbursementof onlysuchcost. 5. All documentation shall be submitted e Contractor to the Monroe County Z' Contract Monitor withthe Contractor's invoice for The County shall pay the actual cost of parts and materials, excluding rei t, equipment rental, tax amounts,and services supplied by others purchased fromthe manufacturer,plus fifteen percent (15%), to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed foramounts charged. A manufacturer's invoice must accompany all requests for payment. Freight invoices must accompany all orders that require CL shipping or transportation of parts,whether the part is under warranty or not. y Contractor shall submit to County invoices no later thantwenty-five ( 5) days after inspections/repairs with supporting documentation acceptable to the Clerk. Five Year, Annual, Semi-Annual, and Quarterly inspections shall be submitted in arrears with supporting reports. I any major deficiencies are found, the County must be notified in writing within forty-eight ( ) hours, otherwise reports must be submitted within fifteen (15) days of inspection date. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County 2 representative, to be paid at the earliest date possible following completion of the repair. CL Acceptability to the Clerk is based on generally accepted accounting principles and such laws, 2 rules, and regulations as may governthe Clerk's disbursal of funds. Monroe o 's Fiscal Yearis October I" through September 30`h. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. Major Component Failure or System In the event of a major component failure or system breakdown, the County shall have the option to request from the Contractor only,a proposal/quote for replacement equipment in an amount that could exceed Five Thousand and 00/100 Dollars ( 5,0 0. 0). Any proposal over Five Thousand L d /100 ($5,00. ) Dollars, up to and including Ten Thousand and 00/100 ( 10,00. 0) Dollars, must be approved and signed by the Division Director or the County Administrator. y proposal over Ten Thousand and 0 /100($10, 00.0 )Dollars,up to and including Forty-nine Thousand Nine Hundred Ninety-ninc and 0/100 ( ,9 . 9) Dollars, must be approved and signed by the Division Director and the County Administrator. 0 Scove of Work: e Contractor will provide all labor,supervision,equipment, s,tools, transportation,services, and incidentals and supplies for Fire Protection Systems Preventive Maintenance, Repair, and Emergency a ice Calls for various buildings located in the Upper, Middle, and Lower Keys. 33 Packet iPg. 225 D.9.a 1. Reguirements ) Perform one, five (5) year inspection test, one (1) annual inspection and -flow test of the Fire Pump,one(1)semi-annual o( )quarterly firesprinkler system inspections and testing per the latest edition of NFPA25 at the following locations: a. Monroe County Detention Center 5501 College Rd., Key West, FL 33040 b. Harvey overn n Center 100 Trumanve., Key West, FL 33040 c. Lester Building CL 530 Whitehead St., Key West, FL 33040 y d. Monroe County Courthouse Annex/Old Annex/Old Jail 502 WhiteheadSt., Key West, FL 33040 e. Marathon Government Annex 490 `d t. Ocean, Marathon, FL 3350 . Plantation Key Jail 53 Highpoint Rd.,Tavernier, FL 33070 Marathon Jail 981 Ocean Terrace, Marathon, FL 2 Perform one, five (5) year inspection test, one (1) annual inspection, one (1) semi-annual and o ( ) quarterly firesprinkler system inspections and testing per the latest edition of E NFPA 25 at the following locations: a. Monroe County Historic Courthouse SOO Whiteheadt., Key West, FL 33040 b. Monroe County Sheriff Administration uil in CL 5525 College Rd., Key West, FL 33040 2 c. Dept. of Juvenile Justice Building 5503 College Rd., Key West, FL 33040 0 d. Bayshore Manor 5200 College Rd., Key West, FL 3 e. Freeman Justice Center 302 Flemingt., Key West, FL 33040 Murrayf. is Government Center 102050 Overseas Highway, Key Largo, FL 33037 g. Monroe County Fire Rescue Station No. 17 10 Conch Ave., Conch Key, FL 33050 h. Monroe County Fire Rescue Station No. 13 390 KeyDeer Blvd., Big Pine Key, FL 333 34 Packet;Pg. 226 D.9.a i. Monroe County Fire Rescue Station No. 6180 211d Ave., Stock Island, FL 33040 j. Joe London Fire Training Academy 56633 Overseas Highway, Crawl Key, FL k. Bernstein Park 675151h St., Stock Island, FL 33040 _ I. Monroe County Fire Rescue Station No. 11 (new) U- 223S2 Overseas Highway, Cudjoe Key, FL 33042 m. Marathon Libra (new) 3490 Overseas Highway, Marathon, FL 330SO c) During all inspections: clean sprinkler heads as needed, conduct maintenance of C/Si ese, / , and external above ground piping as needed, and submit y proposals to replace sprinkler heads, piping, and main supply when needed. 0 CL CL 0 U 0) r- 0 35 Packet iPg. 227 D.9.a EXHIBIT cc s' CL APPLICATION FOR PAYMENT DETAILS CL CL 0 2 C 0 36 Packet;Pg. 228 APPLICATION FOR PAYMENT DETAILS DATE: INVOICE NUMBER: ARRIVAL TIME: DEPARTURE TIME: LOCATION: Z' ROUTINE: REPAIR: U_ PARTS AND MATERIALS COSTS ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL .9 .0 E 2- 3 4 PARTS &MATERIALS SUB-TOTAL U) ......—------------------- C .2 15% INCREASE ON ABOVE PARTS &MATERIALS $ SERVICES SUPPLIED BY OTHERS (amount charged to be reimbursed) $. . 0 FREIGHT CHARGE(amount charged to be reimbursed) TAX CHARGES (amount charged to be reimbursed) PARTS& MATERIALS TOTAL $ E CD 2 LABOR AND EQUIPMENT COSTS Regular HOURS Mechanic @ $ SUB-TOTAL $ Regular HOURS Mechanic&Helper$ SUB-TOTAL $ .2 Regular HOURS Helper alone or additional Helper @$_ SUB-TOTAL $ —_—Overtime HOURS Mechanic @ $ SUB-TOTAL $ 0 Overtime HOURS Mechanic & Helper @ SUBOTOTAL $ 0. Overtime HOURS Helper alone or additional Helper @$_ SUB-TOTAL 2 U_ LABOR AND EQUIPMENT TOTAL $ 0 TOTAL $ 2 C DESCRIPTION OF WORK:-- 0 E Date Authorized Signature f Title *Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts&materials, freight for transportation/shipping costs, equipment rental amounts, taxes,and services supplied by others. 37' Packet Pg. 229 D.9.a EXHIBIT cc CL DAVIS-BACON WAGES STATEMENT (3' CL CL 0 2 C 0 38 Packet;Pg. 230 D.9.a EXHIBIT iscil D"IS-BACON WAGES STATEMENT ® General Decision Number : FL,2021022 /10/2021 2 Superseded General Decision Number : FL, 0200022 State : Florida Construction 'ype ® wilding y County: Monroe County in Florida. . BUILDING CONSTRUCTION PROJECTS (does not include single � family homes or apartments up to and including 4 stories) . Note : Under Executive Order (EO) 13658, an hourly minimum wage of $10 . 95 for calendar year 201 applies to all CL contracts subject to theDavis-Bacon Act for which the 2 contract is awarded (and any solicitation was issued) on or after January 1, 2015 . If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least 2 10 . 95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021 . If this contract is covered by the EO and a classification considered necessary for performance of work on the L contract does not appear on this wage determination, the contractor rust pay workers in that classification at least the wage rate determined through the conformance process 0 set forth in 29 CFR 5 . 5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually . Please note that this ECG applies to the above-mentioned types of contracts entered into by the federal government that are E subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including these set forth at 29 CFI- . 1 (a) (2) - ( 0) . Additional information can contractor requirements and worker protections under the EO is available 39 Packet iPg. 231 at www.dol . gov/whd/govcontracts . Modification Number Publication Date 0 01/01/2021 Z' 1 01/22/2021 2 06/18/2021 LL 3 07/09/2021 4 09/10/2021 ELEC0349-003 09/01/2021. E Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . 37 . 61 11 . 72 ---------------------------------------------------------- ENG10487-004 07/01/2013 U) Rates Fringes 0 OPERATOR: Crane CL All Cranes Over 15 Ton U- Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 and Crane, Hydraulic E Crane, Capacity 15 Ton and 2 Under. . . . $ 22 . 00 8 . 80 ___________________________________________________________ IRON0272-004 10/01/2020 0 Rates Fringes U- IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 25 . 79 13 . 34 0 P IN0365-00 06/01/2021 2 r- 0 2 Rates Fringes E PAINTER: Brush Only . . . . . . . . . . . . . $ 20 . 21 12 . 38 ----------------------------------------------------------- SFFLOB21-001 07/01/2021 Rates Fringes 40 Packet Pg. 232 SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . $ 30 . 63 20 . 55 ----------------------------------------------------------- E --00 12/01/2013 Rates Fringes U- SHEET METAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 ----------------------------------------------------------- SUFL2009-059 05/22/2009 E .2 CL .!A Rates Fringes CARPENTER. . . . . . . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 U) FENCE ERECTOR. . . . . . . . — . . . . . . . . . $ 9 . 94 0 . 00 0 LABORER: Common or General . . . . . . $ 8 . 62 0 . 00 CL 2 LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 0 . 00 E Q OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 2 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 0 OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 CL 2 U- PAINTER, Roller and Spray. . . . . . . $ 11 . 21 0 . 00 0 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 U W 0 0 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 E SHEET METAL WORKER, Excludes HVAC Duct Installation . . . . . . . . — $ 14 . 41 3 . �1 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 41 Packet Pg. 233 D.9.a ---------------------------------------------------------- LD RS - Receive rate prescribed for craft performing operation to which welding is incidental . LL Note : Executive Order (Eta) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after y January 1, 2017 . If this contract is covered by the EO,the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year . Employees must be permitted to use paid sick leave for ) their own illness, injury or other health-related needs, including preventive care; to assist a family member (or arson who is like family to the employee) who is i11 , injured, or has other health-related needs, including L preventive care; or for reasons resulting from, or to W assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual E assault, or stalking . Additional information on contractor requirements and worker protections under the EO is available at www. dol . gov/whd/govcontracts . Unlisted classifications needed for work not included within the scope of the classifications listed may be added CL after award only as provided in the labor standards LL contract clauses (29CFR 5 . (a) (1) (ii) ) . 0 r_ 0 The body of each wage determination lists the classification and wage rates that have been found to be � prevailing for the cited type (s) of construction in the area covered by the wade determination . The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate 4.2 Packet iPg. 234 D.9.a (weighted average rate) or a union average rate (weighted union average rate) . Union Fate Identifiers four letter classification abbreviation identifier enclosed in dotted linos beginning with characters other than """"SIJ""�° or """ C"" denotes that the union classification and rate were prevailing for that classification in the survey . Example : LUM01.9 -005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination . 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . 0 Union prevailing wage rates are updated to reflect all rate CL 2 changes in the collective bargaining agreement (CBS.) W governing this classification and rate . Survey Mate Identifiers Classifications listed under the " "SC "' " identifier indicate that no one rate prevailed for this classification in -the surrey and the published rate is derived by computing a weighted average rate used on all the rates reported in � the survey for that classification . As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example ® UL 2 12-007 5/13/ 01 . SU indicates the rates are survey � rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana . 2012 is the year of survey on which these classifications and rates are used. The next number, 00 in the example, is an internal number used in producing the � wage determination . 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier . 43 Packet iPg. 23!5 D.9.a Survey cage rates are not updated and remain in effect until a new surrey is conducted. Union Average state Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications however, 100% of the data reported for the classifications was union data . EXAMPLE : UA -OIL-0010 0 /29/2014 . UAVG indicates that the rate is a weighted union average rate . OIL indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage determination . 0 / 9/204 indicates the surrey completion date for the classifications and rates under that identifier . A UAVG rate will be updated once a year, usually in January ) of each year, to reflect a weighted average of the current negotiated/ A rate of the union locals from which the rate is cased. -------------------------------------------------s----------- WAGE DETERMINATION APPEALS PROCESS 2 . Has there been an initial decision in the matter? This can e . CL an existing published wage determination a survey underlying a wage determination * a Wage and. Dour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling 0 On surrey related ratters, initial contact, including requests for summaries of surveys, should be with the Wage � and Hour Regional Office for the area in which the survey � was conducted because those Regional Offices have responsibility for the Davis-Bacon surrey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and . ) should be followed 44 Packet;Pg. 236 D.9.a With regard to any other ratter not yet ripe for the formal process described were, initial contact should be with the Branch of Construction Wage Determinations . Write to : Branch of Construction Wage Determinations Wage and Hour Division U. S . Department of Labor 200 Constitution Avenue, N .W. Washington, DC 20210 2 . ) If the answer to the question in . ) is yes, then an CL interested. party (those affected by the action) can request review and reconsideration from the Wade and Hour Administrator a (See 29 CF°R Part 1 ® 0 and 29 CER Part 7) . Write to ® Wage and Hour Administrator U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, TIC 2 210 L 2 The request should be accompanied by a full statement of the interested arty' s position and by any information � (wage payment data., project description, area practice material, etc . ) that the requester considers relevant to the issue . a ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the CL Administrative Review Board (formerly the Gage Appeals Board) . Write to : 0 Administrative Review Board U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, CSC 2010 ® ) All decisions by the Administrative Review Board are � final. . END OF GENERAL DECISION" 5 Packet iPg. 237 i D.9.a EXHIBIT Li " CL CERTIFICATION REGARDING LOBBYING CL 0 tJ 2 C 0 4 . Packet iPg. 238 D.9.a APP8 C.F.R. PART 18— CERTIFICATION REGARDING LOBBYING (To be submitted wit each s r offer exceeding ) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, the best of his or her knowledge and belief, that: Federal appropriated funs have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing r attempting to influence n officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congressin connection with the awarding of any Federal contract, the making of any Federal grant, the makingof y Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, r modification of any Federal contract, grant, loan, or cooperative y agreement. . If any funds other than Federal appropriated funs have been paid or will be paid to any person for 'influencing or attempting to influence an officer or employee � f any agency,a Member of Congress,an off icer or employee n ress,or an employee of a Member of Congress in connection it this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete n submit Standard Fcar -LL, "Disclosure Fo P iscl ur r to Report Lobbying," in accordance with its instructions. CL 2 3. The undersigned shall require that the language of this certification be W included in the award cu ents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all E su reci ie is shall certify and disclose accordingly. This certification is a material representation fact upon which reliance was placed when this transaction was made r entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed y section 1352, Title 31, U.S. Code. Any person who fails to filet e required certification shall be subject to a civil penalty of not less than $10,000 CL and not more than 1 , for each such failure. 2 The Contracto I e ii raffirms te truthfulness n accuracy each statement of in�certification and disclosure, if any. In addition, the Contractor underst and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative i ale Claims and Statements, apply tot is certification an disclosure, if any- E iKAJ naturef r ct is riz Official Name Title f Contractor's Authorized Official Date < 47 Packet;Pg. 239 D.9.a IDEfflYLqGACMTrM5 PLILSUAINTTO 31U .0 135 1. Status o� erAc °an ® 3, re ca a a.bWaftapplication a. b graiis b taxnal mud b Marenai Chatize_ c c kgreement C, post-award d IGMI For kbterid e. loan FUnEM y f loan kivarawe ar � 4- Name and Address of ReporthigEntity _'a S` a f Prime,m EJ s Tier if knovol ComV,essionalif CL . Federal DVaOzwaV-4Wry: 7. Federal PnMmm Na y CFDA Number,if able 9. FeduslAction Number. M a. Nme and Address of Lobby Enfiry b Indhtfash PerformingServicest (If uxhvktua last naw.fint addreis if diffamt from No:.1 j (last name.&VI 0 L. CL 11. Aniount o (chKk aH 0212pply) 13_ TypeofPsymew(chock all t ) i b, one-tizoe fee a mama 12. Form of Payment apply): a cash d_ confiagoot fee b e Warred vallu 1.1. `c s)of Servicei including o s,a of s s)coulacted,for Psynawnt Indicated11: 0 CL Comionztion Sbeet(vif ecess 1 . C (s)attache& 16. ax zzi!iw=md by IkU 31 U SC Sonka 1352 Mbi&xLmum of Wbb)Mv sqwwe as plbmd by m his U wzs=a&w4utmd= Tbrh i%r6q=%d 31 U.S.C.1332. Thu Caugma a pulibc' PwMM wbo has to E6 60 Mlaind Title. 0 4--=L==dun bG=bjwt to a ty of SM Lon em St .OW=a am=am em 11 Telepbme No., Date: FederAuthonzed for Local ftrodir-ran I Use OnIv: Fo 2'= C PART 4. Packet;Pg. 240 D.9.a INSTRUCTIONS - , DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or recciptof covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. a filing ofa form is required for such payment or agreement to make payment to lobbying tity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of Member of Congress in connection with a covered Federal action: Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all item that apply for both the initial filing and material change report Refer to the implementing i ce published by the Office of Management and Budget for additional info lion. 1. Identify the type of covered Federal action for which lobbying activity isand/or has been secured to influence,the outcome of a covered l action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of diis 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, CL previously subrnitted report by this reporting entity for this covered Federal action. to . Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include butarenothmitedto t%s subcontmcti4 sub is and contract awards under giants. 5. If the organization filing the report in Item 4 checks"Subs "then enter the full name,address,city,state and zip code of ' the prime Federal recipient, Include Congressional District,if known. . Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 0 7. Enter the Federal program name or description for the covered Federal action(item 1), If known, ter the full Catalog of Federal Domestic Assistance(C A)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 I(e.g., Request for L_ Proposal )number,Invitation for Bid( )number,grant announcement number,the contract t-or loan award number, L the application/proposal control number assigned by the Federal agency). Include prefixes,c.g., -DE- -00 i " 2 . For a covered Federal action where ere has been an award or loan commitment by the Federal agency,enter the Federal amount of the awardtloan commitments for the prime entity identified in item 4 or S. 1 . (a)Enter the full name,address.city,state and zip code of the lobbying entity engaged y the reporting entity identified in item 4 to influence the covered Federal action. W (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last 2 Name,First Name and Middle Initial I). 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 is a material change report enter the cumulative amount of payment made or planned to be made. L_ 12. Check the appropriate box: Check all boxes that apply. If payment is made through an m-kindcontfibution,specify the nature d value of the in-kind payment. 2! 13. Check the appropriate box. Chock 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 andthe date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact withFcderal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) ofCongressthat were contacted. l5. Check whether or not a continuation sheet(s)is attached, 16. The certifying official shall sign d date the form,print is/her name,title,and telephone number, 0 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 uction Project (038 6),Washington,D.C.20503. 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'� 1 1 Jf �y dsi0i i i U i i as N 1 �Itl 01 �1� Z C a..1 W ii U i 1 N m 1 z �� i 0 Q tV 1 A t I I t cr N_ p j (a l leji_q pue Buiqwnid - alna 0143 40a Gal ) LZOZ-VV60 4OGqS uogejnqe_Lpl :4u9wg3e44 of C4 o � a � u +° 0 O o d E 0 a bD 0 Ln Ln v (O Q M c > c i O N i' mcu (u O a U O to 0 f— O - M U 0 0 u a, u 3 Ln O u t ca 0) 'f E O E N i- 7 0 'E i c: U E cc, E: 0� CL 0 —Q iQ LnN NLn -° Uc) t 0) t O lu O 0) c E " t N 'U U N E t� 0) t t c: 0 N — iD O Ei — Q a-+ Q 7 Q- c N (O i a-+ 7 V? 0 i Q C Ln u 0 Ln t � ° , U d 7 0 ° i u 0 Ln 0 00 Q F--, :a=+ U u 0 O Q 00 -C N .}' M c -O ca M d u M -° V} ca bD CL O Q p u O CL +/� Ln Ln Ln O -Ln > N O 0 i Ln V} -C u E -C t O O V} a 1- 1- u +�' V/ tlA 7 O 7 u f0 Q O bD U 3 lD Q 0 m c L c Q ca O cL c O 0) c 'E � � O O L u hA c O ° O CL Q v O s Q LN O O Ln M Ln p U N c ca 0 V7 co u O O 3 Ln v1 L co co co u u ° 0 0 —� 3 0 E u 0) E c c ~ O z � S- 0) Q c m 0) z U u U Q Ln �D L O z 0 0 0) 0 :3 c u > u D � - m s0 CL E tavn M W Q U A u W Lu Q GC2N 004 z0 co W Z . a 0 z LL 2 LU m Lu U � wco x 2aW zW ° a, } E- ~ W W 0L :3 tn _CL v a J O U- L N Z J -V 0 LV D ~ u a L z Q) v z H a Q) o � U Ln ro L [n I� '~ U v N :3 L CL pJ 4- 4- _ O O V � m � (a l leji_q pue Buiqwnid - alna 143 4 a Gal ) LZOZ-VV60 4OGqS uogejnqe_Lpl :4u9ua 3 44 U � of N o � a m ac N rtC ' S a } } y C3 � U S N U Q N N S S � C3 > N S � C3 N N _> � N 7 U S N L C3 N L 6 � S 3 } N � O C3 S Cf N � Q O y 72 S S y O .� U — } iO � O L p) V o > U - U 7 fl- L } 7 O_ Cf u N to °iZf N N S } � S O c } V � � O J } L m L O U LL N S O Q N L } H U') m D.9.d Eables-Patricia From: OMB-BIDS Sent: Wednesday, September 15, 2021 5:19 PM To: Eables-Patricia Subject: FW: Full Maintenance Fire Protection Systems, Monroe County, FL 09/14/2021 0 Hi Patricia, Please see email below. Lu Thank you, .2 CL as g� 0 E CL 1100 Simonton Street, wife -213 0 �305)292-4453--;� : � - (305)292-4515 N CD alprett-hsa monroec0tlnty-fi.€;r v N 0 From:Tiffany Folks<admin@garysplumbingandfire.com> Sent: Wednesday,September 15, 20214:32 PM To: OMB-BIDS<OMB-BIDS@MonroeCounty-FL.Gov> LO Subject: Full Maintenance Fire Protection Systems, Monroe County, FL 09/14/2021 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. 1 Packet Pg.248 D.9.d Good Afternoon, I was on the Zoom bid opening yesterday for the above referenced project, when you were reading the bids, I realized I made an error. I misunderstood the wording on page 31,where it asks for the quarterly price and the total annual cost. I understood it to ask for the total quarterly inspection cost and the total annual inspection cost, therefore breaking our number down incorrectly. Please accept this email as clarification, The correct quarterly cost should be $5,368.75 and the annual cost should be $21,475.00. CL Thank you in advance for your consideration _d Tiffany Folks, Office Manager Gary's Plumbing and Fire, Inc. .2 6409 2nd Terrace;Suite 1CL Key West, FL 33040 305-296-6013 a 2 e� 0 CL i cv cv cv 0 cv cv LO CD 2 Packet Pg.249 D.9.e SECTION CL PROPOSALTO: COMMISSIONERS c/o PURCHASING 1100 SIMONTONv, FLORIDAROOM 2-213 KEY WEST, 33040 PROPOSALFROM: 6jAA CL The undersigned, having carefully examined the Scope of Work and other reference doc nt , if any, Proposal, and Addenda thereto, and other Contract Documents for the work described as- Full and having been afforded the opportunity to carefully examine the site( )where the Work is to b performed, having c a iliar with all local conditions including labor affecting the cost thereof, and having familiarized hi self/ rel it material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose y to furnish all applicable labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete i ork andi ark incidental hereto, in s workman-like n r, in conformance it said Scope of Work, andy other Contract Documents including n issued thereto. o 0. 0 The undersigned further certifies that he/she has been given the opportunity topersonally inspect the actual location(s) of wherethe Work is to be performed, together with the local sources ofy supply and thathe/she understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arisingfrom the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentaryinformation prove e a available, and from n inspection and examination of the sit (s). 0 CL The Base Proposal shall furnished I follows: Normal working hours of : 0 a.m. to :0 nay through Friday, excluding holidays: per hour, mechanic r hour, mechanic plus helper PROPOSALFORM010- Page 27 of 95 Packet;Pg. 250 D.9.e per hour, mechanic helper working aloner additional helper Overtime rate for hours other than the normal working hoursas stated above, including holidays: 50 r hour, mechanic � r hour, c nic lus el r er hour, mechanic helper working alone or additional helper 0 c) Parts Cost Plus: Fifteenrc t(1 %) of markmanufacturers invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). The following buildings will require: e (1) Five { } Year Inspection Test (to be completed within three (3) months of contract commencement), One ( ) Annual ?� Inspection and flow test of the Fire Pump, One (1) Semi- Annual Inspection, a (2) Quarterly fire sprinkler i system inspections esing per the latest edition y 5: 0. 0 Monroe County Detention Center 551 College Road costJxr. Key West, FL 33040 yr. inspection 0® Harvey Government Center 1200 Truman Avenue $ cost/yr. Key West, FL 33040 010 0- _ yr, insraec i_ 2 Lester Building 530 WhiteheadStreet $ r _ cost/yr. Key West, FL 33040 $ J, _ _5 yr. inspection 5 .. Monroe County Courthouse 502 Whitehead Street 1, cstr. Annex/Old Jail (TESTING SCHEDULED Key West, F1 33040 PROPOSAL FORM 00 120- Page 28 of 95 Packet iPg. 25'1 D.9.e AROUND COURT HEARINGS) yr. inspection arathon Government Annex `d Street Ocean $ �" cs�`yr. — CL Marathon, FL 33050 !A L,5060—_Syr. ins ecin Plantation Key Jail 53 High Point Road t costyr. Tavernier, FL 33070 $ +000 5 yr. inspection Marathon Jail 3981 Ocean Terrace $ A cosVyr. CL Marathon, FL 3050 $ 5 yr. inspection e following buildingsill ire: One(1) Five( ) Year Inspection Test(to be completed within three(3) months of contract commencement), One( ) Annual Inspection, One(1) Semi-Annual Inspection,and Two CD (2) Quarterly fire sprinklersystem inspections esing per the latest edition of CL Monroe County Historic Courthouse 500 WhiteheadStreet cost r. Key West, FL 33040 $ yr. inspection0. 0 CL Monroe County Sheriff 5525 College Road $ s costlyr. E Administration Bldg. Key West, FL 3300 yr. inspection ept. Juvenile Justice uildin 503 Colle e Road c st .yr. Key West, FL 3040 CL $ QV Syr. inspection Bayshore Manor 5200 College Road costyr. Key West, FL 33040 _5 yr inspection ` Freeman Justice Center 302 Fleming Street $ cstyr. Key West, FL 330 PROPOSALFORM1 - Page 29 of 95 Packet;Pg. 252 D.9.e yr. ins ection 2 0- Murray Nelson Government Center 12050 Overseas Highway cost,��rr. Key Largo, FL 33037 5 yr-inspection Monroe County Fire Rescue 10 Conch Avenue cstyr, Station No. 17 Conch Key, FL 33050 r. inspection O Monroe County Fire Station No. 13 390 Key Deer Blvd. costlyr., U- Big Pine Key, FL 33043 yr inspection onroe County Fire Station No. 8 6180 2"a Ave. '� cost}vr. Stock Island, FL 330405 yr inspection .0 Joe London Fire Training Academy 56633 Overseas Hwy cost/yr, �+ Crawl Key, FL yr. inspection i O 0. Bernstein Park 6751511 St cost r. Stock Island, FL 33040 v, 5 yr inspection a, Monroe County Fire Rescue 22352 Overseas Highway costZyr. _ Station No. 11 Cjoe Key, FIL 33042a 5 yr inspection Marathon Library (new) 3490 Overseas Highwaycost yr. Marathon, FL 33050 5 yr. inspection 5 HEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES,PRIMARILY THE COURTHOUSES,IT AY E NECESSARY TO SCHEDULE INSPECTIONS BEFORE OFAFTER NORMAL BUSINESS HOURS. PROPOSAL 0010- Page 30 of 95 Packet iPg. 253 D.9.e 2 CL The total quarterly service amount of contract shall a 7,i � tars - 2 for an annual amount of ` 4 HfAdAlnbollrs The total for one (1), Five( )Year inspection for all buildings listed shall be in the amount of Dollars CL Contractor shall submit all invoices with the Application for Paymentform attached hereto as Exhibit " "and made apart hereof. There shall be no additional charges submitted to the Ownerfor travel, mileage, meals, or lodging. 2 CL I acknowledge receipt of Addendao.(s) 0. o. Dated CL No. Dated E CD o. Dated Dated 0 CL 5 1 - Page 31 of 95 Packet iPg. 254 D.9.e Proposer, states by his/her check mark in the blank beside the form and by his/her signature thathe/she has provided the following requirements (located in Section 0 1 0): 2 CL 1 Proposal Form 2 on-Collusion Affidavit v, Lobbying and Conflict of Interest Clause Drug-Free Workplace Form Local Preference Form and requirements (if applicable) Public Entity Crime Statement 7 Vendor Certification Regarding Scrutinized Companies Lists rooser's Insurance and Indemnification Statement CL Insurance Agent's Statement(signed by agent) 2 10 Answered Required Questions 11 Provided three ( )Customer References and three( )Credit References 12 Provided three ( )years of Financial Statements in a separate email — 13 Certified copy of Valid Florida Contractor's License 14 Current Monroe County Occupational License 2 CL Business e: m A :.... .. 29L4&---", -_ - Business I sines5 ®I Address: Mailing Address: am e City, State, Zip City, State., Zip 0. 0 Phone � Local Phone: CL Email: The physical business address must be registered t s principal lace of business with the Florida Department of State for at least one(1) year prior tot of .e of request for bid or proposal. Date: Signed: CL Printed: Title; Witness: PROPOSALFORM1 - Page 32 of 95 Packet iPg. 255 NON-COLLUSION AFFIDAVIT I of the city of UO)e according to law on my E oath, and u+r penalty of perjury, depose and say fhat: a. I am of the firm of Z ------------ u iuni ;tin aAA C7,�Iv. 7r;q,e the proposer making _Gal Pe,Pro o4al for the pr9jeek �escri ed in the Request for Proposals for :5 and that I executed the said proposal with full authority to do so, b. The prices in this proposal have been arrived at independently without collusion, U) consultation, communication, or agreement for the purpose of restricting r_ .2 competition, as to any matter relating to such prices with any other proposer or with any competitor; 0 C. Unless otherwise required by law, the prices which have been quoted in this 0. proposal have not been knowingly disclosed by the proposer and will not 2 knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 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 u_ purpose of restricting competition; e. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies on the truth of statements contained in this affidavit in awarding contracts for said project. E (Signature) Date-, 0 0. STATE OF, 0CL (n COUNTY OF. 0A kor, E Subscribed ands orn to (or affirmed) before me, by means of physical presence or 0 online U) notarization, on (date) by 0 (name of affiant). He/She is personally known to me or has produced CL (type of identificati as identification. 2 u_ TIFF MY FOLKS Commission#HN 01`11117 �V' Expires June 23,2024 TARY UBLIC BDW9d71WU Troy Fakimuram NOW7019 (SEA L u_ My Commission Expires: E PROPOSALFORM 00 120- Page 33 of 95 Packet Pg. 256 D.9.e LOB I NG AN2.JQQNELI!QIINIEREU QLAU35E ORDINANCESWORN STATEMENT UNDER - MONROE COUNTY, FLORIDA ETHICS CLAUSElUrnkinn Qd. rike . Jr( (C®rn Pa ) warrants that he/she/it has notemployed, retained or otherwise had act on histher/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-10. 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, nsideration paid to the former County officer or employee." 2 ( i natur t Date: STATE . 0 0. 0 COUNTYE Subscribed andsworn to(or affirmed) efore me, by means of physical presence or online notarization. o (date) by (n of iant). el a is personally known to e or 2 s produced (type of identification)as identification, TIFFANYFOLKS r o ian#Iiij M1177 orssJune ®2 -7019 NOTARY y Commission ExpiresL PROPOSALFORM12 - Page 34 of 95 Packet iPg. 257 i D.9.e DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance withFlorida Statutes, Sec. 287.087, hereby certifies that: 0 2 CL (Name of Business) !A 1. Publish a statement notifying employees that the unlawful manufacture, distribution, , dispensing, possession, or use of a controlled substance is prohibitedin the workplace and specifyingthe actions that will be taken against employees for violations of such prohibition. . Inform ploy bout the dangersof drug abuse in the workplace, the business' policy of maintaining drug-free workplace, available drug counseling, rehabilitation, and .2 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 CL re under proposal a copy of the statement specifi in subsection (1). . In the statement specified in subsection (1), notify the employees that, as a condition of working the commodities or contractual services that are under proposal,the employee ill abide by the terms of the statement an ill notify the employer conviction of, or plea of guiltyor nolo contendere to, any violation of Chapter 893 (Floridat tues) or of any controlled substance law of the United States or any state, for a violation occurring in the workplaceo later than five ( ) days after such conviction. . Impose a sanction o , or require the satisfactory rtici ion in a drug abuse assistant r rehabilitation pr r m if such is availablein the employee's community, or any employee is so convicted. 6. Make a good faith effort to continue to maintain a drug-free ork I through FL implementation of this section. !A As the person authorizedto sign the statement, I certify that this rm mplies fully with the above �I requirements. 0. CL (Proposer' Signature) Date: STATE t COUNTY 0 e or online notarization, CL Subscribed scrie and sworn to r affirmed t(flake means o Ihsical resent (name of( } Yp Y aint). He/She is personally known to me or has produced (type of identification)as identification. «Y TIF l C ionH011177 ®; Commission T PUBLIC p xpir Ju ,2024 .�TW ®s: s 7my f 70' Ex pires: ires: PROPOSAL FORM 001 -Page 35 of 95 Packet;Pg. 258 D.9.e LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance - 00 , as amended by Ordinance No. 004-2015 and 02 -2015, must complete this forrn. Nami e of iddrl esponer: ! ! ate: - FL 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated t least one 1 year prior to the notice of request for bids or proposals? Please furnish co `n { )Y q P � ..............E PY-) 2. Does the vendor have a physical business address located within Monroe County from is the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? ) (The physical business address must be registered as its principal place of business with the Florida Department of State for at feast one(1) year prior to the notice of request for bid or proposal.) List Address: _: J CL Telephone Number: F — B. Does the vendor/prime contractor intend to subcontract 5 % or more of the goods, service r construction to local businesses meeting the criteria above as to licensing and location? _ ,a 2 If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one(1) year prior to the notice or request for bid or proposal. 2.Subcontractor's physical business address within Monroe County from which the subcontractor operates 2 (The physical business address must be registered as its principal place of business with the Florida CL Department of State for at least one(1)year prior to the notice of request for bids or proposals) Tel. Number i Address3,304, y 0 Print a e: - Si ntur and Title of Authorized Signatory for CL Bidder/ ' loner `n STATE OF: r1okida, C . 0 Subscribed sworn to(or affirmed) efore me,by means of physical presence or 0 online notarization, CL m on I_ (date) by (name of u- a iant). He/She is personally known to me or has produced (type of identification)as identification. TIFFANY FOLKS ,... ComrnassiongHH011177 ( xl JuneF , � LIC ., viol`. Tmy Fain r 7019 y Commission Expires: m PROPOS A 1 - Page 36 of 95 Packet;Pg. 259 D.9.e PUBLIC ICRIME STATEMENT 2 CL "A person or affiliate who has been placed on the convicted vendor list following a conviction for !A public entity crime may not submit a bidon 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 y 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 ) f the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for period of 36 months from the date of beingplaced on the convicted vendor list." 0 CL I t _r ( rop osr's name) nor 2I v readt aboven state that neither ,Cqa 4v�Pitt m 6=y any Affiliate has been placed on the convicted vendor list withii tf a last thirty-six ( ) months. U_ ( i r ) Date: 2 CL TAT _i 0 0. COUNTYCL v, Subscribed sworn to (or affirmed) before me, by means o physical presence or 11 online notarization, on I - at (date) by (name of aff ian ). He/She is personaIly known to 0 me or has produced (type of identification) 0 identification. TiFF ;yY06 mmAm is PUBLIC O®f`°pe Troy Fain 4019 c� (SEAL) y Commission Expires: .. 1 - Page 37 of 95 Packet;Pg. 260 D.9.e REGARDINGVENDOR CERTIFICATION I Project escrition(s): �t' ! _ _ Respondent Vendor Name: AUm6ilk Vendor FI : 6 s y Vendor's Authorized Representative Name and Title: , Address: .._ City: State: Zi : .e Phone Number: . . ..__._._ �.. m..m..m... I d Email Address: t9 Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or CL entering into or renewing a contract for goods or services of any amount i , at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215. 75, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215. 73, Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, l hereby certify that the company identified above in the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of 1,000,000 or more is not listed on y 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 I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may y subject company to civil penalties,aorney's fees,and/or costs. I further understand that any contract with 0. the County may be terminated, at the option of the County, if the company is found to have submitted a CL false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a v, 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 �.renced company. CL Authorized Signature: . m Print a e: _ ._� Title: j._..®._��. __..�. ..._. -.�w.. Note: The List are available at the following Department of Management Services Site: tt ,,',a'www. rrns.o-n%florida.com/bu.�ine.s of rate rya"Mate t urchasin men r in c�rrrra iors onv i cted slob pended chscrinjnator omj±gintg vendor ltl;t: PROPOSALFORM 01 - Page 38 of 95 Packet;Pg. 26`1 D.9.e SECTION1 REQUIREMENTSINSURANCE FLORIDAMONROE COUNTY, I General Insurance uir r Construction n cSubcontractors Prior to the commencement of work governed by this contract (including the pre-staging of , personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, 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 contra (including r - 0 staging of personnel and material) until satisfactory evidence of the required insurance has been 0. furnished to the County as specified below. elays in the commencement of work, resulting from 2 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 to and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout ti term of this contract and any extensions specified in any attached schedules. Failure to comply it this provision may result in the immediate suspension of all work until the required insurance has been reinstated r replaced. elay in the completionof work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract penalties and failure to perform s t shall be imposed 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 andself-insured retentions that may b contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory vin f the required insurance, either: 0. 0 • Certificate Insurance or y • A Certifiedcopy 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. All insurance policies ust specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unlessminimum of thirty ( ) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from ny liability or obligation assumed under this contract or imposed law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except forWorkers' Compensation. In addition, the County will be named as an Additional Insured andLoss Payee on all policies covering County-owned property. INSURANCE REQUIREMENTS - Page 39 of 95 Packet;Pg. 262 'a 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. E 2 CL WORKERS' COMPENSATION !A INSURANCE REQUIREMENTS FOR CONTRACT: Full Maintenance Fire Protection Systems BETWEEN MONROE COUNTY, FLORIDA U) AND (�a lunn f 6inc,QAd ho 0 CL Prior to the commencement of or governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee E Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- 0 0. insurer, the County shall recognize and honor the Contractors status. The Contractor may be 0 required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. E If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. U) In addition, the Contractor may be required to submit updated financial statements from the fund r- upon request from the County. .2 0 CL 2 U- 75 U- E INSURANCE REQUIREMENTS AND FORMS 00 130- Page 40 of 95 Packet Pg. 263 D.9.e I 2 GENERALCL LIABILITY y REQUIREMENTSINSURANCE FOR Full Maintenance Fire Protection Systems FLORIDABETWEEN U) MONROE COUNTY, AND Prior to the commencement f work governed by this contract,the Contractor shall obtain eerl Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, s a minimum: Premises rations Products nd Completed Operations Blanket onr cal Liability Personal Injury Liability The minimum limits acceptable shall : i $500,000 Combined i t Limit 0 An Occurrence Form policy is preferred. If coverage is providedon a Claimspolicy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims y be reported should extend fora minimum of twelve (12) months followingacceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 75 INSURANCE REQUIREMENTS1 - Page 41 of 95 Packet iPg. 264 D.9.e 2 CL VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR Full Maintenance Fire Protection Systems BETWEEN r_ MONROE COUNTY, FLORIDA AND � plurn6w end. fe � Recognizing t the work governed by this contract requires the use of vehicles, the Contractor, 2 prior to the commencement f work, shall obtain Vehicle Liability Insurance. Coverage shall b maintained throughout the life of the contract and include, ini u , liability coverage for: • Owned, Non-Owned, and HiredVehicles The minimum limits acceptable shall be: FL $300,000 Combined Single Limit ( L) y If split limits are provided, the minimum limits acceptable shall e: i $200,000 per Person $300,000 per Occurrence 200,000 Property Damage The Monroe County Board of County Commissioners shall be namedAdditional Insured on all policies issued to satisfy the above requirements. 0 5 INSURANCE REQUIREMENTSAND FORMS 00130- Page Packet;Pg. 265 D.9.e PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT CL INSURANCE I !A Worker's Compensation Statutory Limits Employers Liability 10 oily Injury Accident $500,000 BodilyInjury Disease Policy Limits 1 ,000 Bodily Injury Disease, each employee General Liability, including ,00 Combined Single Limit Premises Operations Products and Completed Operations W Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit Ifs lit limits are preferred: 0 ,000 per Person 0 ,000 per Occurrence $200,000 Propertya Builder's Risk Not Required Performance and Not Required 0. CL Hold Harmless, Indemnification, and Defense. Notwithstanding any minimuminsurance y requirements pr scri Ise here in this agreement, Contractor shall defend, indemnify, hold the COUNTY and the COUNTY's electedn oint officers m to s harmless from ins (i) any claims, actions, or causes cion, (ii) any litigation, administrative proceedings, appellate rocee i s, or other proceedings relating o any type of injury (including death), loss, damage, fine, penalty or business interruption, a (iii) any costs or expenses that y be asserted against, initiated with respect to, or sustained by, any indemnified party by L reason o , or in connection with, O 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 ( ) 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, procee in s, costs, or expenses rise from the intentional or sole negligent acts or omissions of the COUNTY or any o —_ its employees, agents, contractors, or invitees (other than Contractor). The monetary limitation o liability under this contract shall be equal to the dollar value of the contract and not less than 1 million per occurrence pursuant to Fla. Stat., Sec, 725.06. The limits of liability shall be as set INSURANCE REQUIAND 01 - Page 43 of 95 Packet;Pg. 266 D.9.e forth in the insurance requirements included in this Section 00130. 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. 2 CL In the event that the completion f the project (to include the work of others) is delayed or !A 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 extent of liability is in no way limited t , reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT, P OOS '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. 2 CL Act .5n PROPOJER Signature i ` 0 0. 0 L. CL CL 75 INSURANCE REQUI 1 - Page Packet iPg. 267 i D.9.e IN25Q RANCE AGENT'S I have reviewed v requirements with the proposer named above. The following deductibles apply to the corresponding poii . y POLICYI General Liability $3,000 BodilyInjury/Property 0 Auto Liability ! U- Liability policies arec n Claims 2 Acrisure, LLC dba Gulfshore Insurance CL Insurance racy Signature i ° 0 0. 0 CL End f Section 00 130 0 CL ` INSURANCE REQUIREMENTS1 - Page Packet iPg. 268 D.9.e Client#:66814 LIABILITY RPL DATE(MWDDNYYY) ACORD'" CERTIFICATE OF INSURANCE 911 /2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on — this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). -L PRODUCER NAME: Amanda Lisenbey - Acrisure dba Gulfshore Ins-SF AI4NN Ext 239 659-$ 67 aC N®; 239 213-2 03 4100 Goodlette Rd N A®Bless: Alisenbey@ulfshoreinsurance.com Naples,FL 34103 W 239 261-366 INSURER(S)AFFORDING COVERAGE NAIC x INSURER A:Obsidian Specialty Insurance Company 16871 INSURED INSURER 0:Commerce&Industry 1910 a 'S Plumbing and Fire,Inc. INSURER c:The Travelers Insurance Company 3137 09 2nd Terrace,Suite i 0 Key West,FL 33040 INSURER D INSURER E; W INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CIL THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 2 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. U rH`sR ADDL uaR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN R O POLICY NUMBER �MM DNK MMfDD1YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X X PTCGL00000007800 8/13/2021 0811312022 EACH OCCURRENCE $1,000„000 CLAIMS-MADE I.H, .1 CUR RA I E ENTE aE rre. $100 000 II ed:2,500 MED EXP(Any one Person) $10 000 cu PERSONAL A ADV INJURY $1,000,000 ............................................................................... GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 #... .... PRO- POLICY I X JECT LOC PRODUCTS-COMPIOPAGG s2,000,000 0 OTHER: I $ CIL AUTOMOBILE LIABILITY COMBMED SINGLE LIMIT C X X BA4S5617752142G $113l2021 0$l131202 Ea mnI 1,000,000 In ANY AUTO BODILY INJURY(Per n) s OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY ORMAGE $ I X AUTOS ONLY X AUTOS ONLY Para I cu B UMBRELLA LIA8 X I OCCUR X X BE049327143 8/1312021 0811312022 EACH OCCURRENCE $5 000,000 0. X EXCESS LIAR CLAIMS-MADE AGGREGATE. $5 000 000 DIED I I RETENTION$ $ to WORKERS COMPENSATION PER OTH-. o AND EMPLOYERS° ILITY YIN ANY PROPRIETO TNERIEXECUTIVE E.L.EACH ACCIDENT $ In OFFICE EMBER EXCLUDED? N 1 A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,deocAbe render 0 DESCRIPTION OF OPERATIONS Wow E.L.DISEASE-POLICY LIMIT $ 0 U 0 0 L_ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 1e1,Additional Remarks Schedule,may be attached if more space Is required) CIL Monroe County Board Of County Commissioners is included as Additional Insured in regards to General 2 Liability,including ongoing operations,perform CG2010 0413 and completed operations per form C 2037 0413 to on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form C 2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 Including Waiver of Subrogation.Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION 75 onrae County Board Of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN , Commissioners ACCORDANCE WITH THE POLICY PROVISIONS, clo Purchasing Department 1100 Simonton St.Rm.2-213 AUTHORIZED REPRESENTATIVE Key West, FL 33040 S 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD 1724178I1718211 A L18 Packet;Pg. 269 D.9.e DA (M D ACC>R& CERTIFICATE OF LIABILITY INSURANCE 709/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LY AND CONFERS NO RIGHTS UPON THE CERTIFICATEL I CERTIFICATE OT AFFIRMATIVELY OR NEGATIVELYL THE COVERAGE AFFORDEDY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE E T CONSTITUTE CT BETWEEN THE ISSUING i ( ),AUTHORIZED REPRESENTATIVEC THE CERTIFICATEHOLDER. IMPORTANT. If the certificateholder Is an 501 IN90RED,the es must a i—naaRed. S IS WAIVED,subject to E 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 e o ent(s). PRODUCER NAME. Amanda Harvin PI of West Central Florida,LLC WC.Nc • 941-242-9619 ,Noy; 41-242-9621 309 E SR 64 DRE : amanaplofwestcentralflorida.co tis INSURERS)AFFORDING COVERAGE NAIG# O Bradenton FL 34208 INSURER A. Bridgefield Employers Insurance Company 10701 INSURED INSURER B. Ga 's Plumbing and Fire,Inc INSURER C. C 6409 2nd Terrace INSURER D " Ste 1 INSURER E: KU West FL 33040 INSURER F II U t . 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. O LTR TYPE OF INSURANCE INSDWVD F POLICY NUMBER Mla M a LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ,. I '— C MS DE ( OCCUR PREMISES(Ea occurrence) ;S -O ED EXP(Any are ) S _..................... IB PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE 3 POLICY[PRO- L PRODUCTS-GOMPrOP A S JECT _. OTHER; S AUTOMOBILE LIABILITY (Ea accident) S N ANY AUTO BODILY INJURY(Per pawn) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Paraccident) $ HIRED AUTOS AUTOS OWNED (Peraccident) $ _I S UMBRELLA LL48 OCCUR EACH OCCURRENCE S 0. EXCESS CLAIMS-MADE AGGREGATE s DED El RETENTION$ S N WORKERS COMPENSATION AND EMPLO S' BI STATUTE ER Y PROPRI O THE ECUTIVE YIN E.L.EACH ACCIDENT S 1,000,D00 A OFFICERIME BEREXCLUDED? NIA 830-52315 02/06/2021 02/06/2022 Ch (MandaWry In Hy E.L.DISEASE-EA EMPLOYEE S 1,000,000 It describe under D SCRIPTION OF OPERATIONS E.L.DISEASE-POLICY LIMIT S 1,000,000 U DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101,AddIthmal Ramadm Sdwdule,may as aftmahadIf more space Isrequired) sm U CERTIFICATE HOLCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners � c/o Purchasing Department AUTHORIZED REPRESENTATIVE 1100 Simonton St.,Room 2.213 O Key West FL 3040 19 8- 014 ACORD CORPORATION. II rights ruse e . C ( 141 1) The ACORD name and logo are registered arks of ACORD Packet;Pg. 270 D.9.e SECTION 00120 PROPOSALFORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents r vi sl instructed herein. CL Item Description Pages 1. Proposal Form27-32 2. Non-Collusion Affidavit 3 . Lobbying n Conflict of Interest Clause 34 4. Drug-Free ork lac For 5. Local Preference Form 36 2 6. Public Entity Crime Statement 37 --- 7. Vendor Certification Regarding Scrutinized Companies Lists 3 8. Insurance Requir n n Checklist 9. Workers Compensation and Employers' Liability 40 General Liability 1 Vehicle Liability 10. Proposer's Insurance and Indemnification St t43-44 11. Insurance t' tat is 45 1 . Contractor's Licenses(contractor/ business/certifications): ° A current copy to be submitted wit ro ol. 0. 0 INFORMATION REQUIREDI 1. In order to determine if the persons or entity submitting pro osls are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. VA list of the entity's shareholders it five percent (5%) or more of the stock or, if 2 general partnership, a list of the generalpartners; or, if a limited liability company, CL a list of its members; if a solely owned proprietorship, s(s) of r(s). A 2 copy of documentation demonstratingthat the entity is a legally viable entity shall e attached. list of the officers and directors of the entity. C. Relevant Experience: The number of years the personor entity has been operating and, if different, the number of years it has been providingthe service, o s, or 75 construction services called for in the proposal specifications (include a list o similar projects). PROPOSALFORM10- Page 24 of Packet iPg. 2711 D.9.e JThe number of years the person or entity has operated under its present name an any prior names. E. Answers to the following questions regarding claims and suits: 2 CL a. Has the person or entity ever failed to complete or or provide the goods y for which it has contracted? (if yes, provide details of the job, including wherethe job was located and the name of the owner.) YES NO . Are there any judgments, claims, arbitration proceeding or suits pending or - outstanding against the person, principal of the entity, or entity, or its officers,directors,or general partners(this specifically includes any present r prior entities in which the person, principal, entity, officer, director or CL general partner of the proposing entity has been involved as a person, 2 principal, entity, officer, director or general partner in the last five ( ) U- years)? (if yes, provide details, include u information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim r locate the suit by location and case r.) YESNO 2 C. Has the person, principal of the entity, entity, or its officers, major L shareholders or directors within the last five ( ) years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications wit private or public entities? This specifically includes present or prior entities in which the person, principal, entity, officer, director or general 0. partner of the proposing entity has been involved as a person, principal, CL entity, officer, director or general partner in the last five ( ) years. (if yes, (n provide details, include enough information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim r locate h suit by location and case number.) S NO CL d. Has the person, principal of the entity, or its officers, n rs, partners, major shareholders or directors, ever initiated litigation against Monroe - County or been sued by Monroe County in connection with a contract to provide services, goods or construction services?This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entityhas been involved a person, principal, entity, officer, director or general partner. (If yes, provide tail , include enough information about the judgment, claim, arbitration, r suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) PROPOSALFORM10- Page 25 of 95 Packet iPg. 272 D.9.e YES NO 2 e. Whether, within the last five O years, the Owner, an officer, general CL partner, controlling shareholder or major creditor of the person or entity `A an officer, eneral partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those y sought in the request for bids. (if yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) YES NO 0 CL f. Customer references (minimum of three), including name, current address, 2 and current telephone number. Credit References (minimum of three), U- including name, current address, and current telephone number. 9. Financial statements for the prior three ( ) years. Please provide in a 2 separate email for the Contractors confidentiality, and clearly label the email "CONFIDENTIAL." ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from F.S. §119.07(1) and . ( ), Art. 1 of the State Constitution.") However, any financial information the Contractor includes in the proposal packet, which is not marked as "Confidential", may be disclosed in any public records request LI and will not be treated as "Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked. 0 0. 0 0 PROPOSALFORM1 - Page 26 of 95 Packet iPg. 273 State Plumbing License# State Fire Marshall License# CFC1425735 FPC 13-000064 CD .S .0 E ---------- ------------------------------------------------ SHAREHOLDERS U) Gary Centonze 1031 Sandy's Way Key West, FL 33040 0 U- OFFICERS Gary Centome, President 1031 Sandy's Way E Key West, FL 33040 0 0. 0 E U) 0 U- 75 U- E 6409 2"'Terrace,Suite I KeyWest, FL33040 Phone(305)296-6013 * Fax(305)292-4978 * garyspiumbingl,O-,,aol.com I Packet iPg. 274 r..Po D.9.e State Plumbing License State Fire Marshall License ft C FC 1425735 FPC 13-000064 CD RELEVANT EXPERIENCE Gary's Plumbing, Inc. has beenin business since 1987, incorporated since 1992. We began working in the Fire Sprinkler trade in 2013 and changed e name to 's Plumbing and Fire, c. The following is a list of customers e perform Annual Fire Sprinkler Inspections or i addition tot e customers listed as references)® Sunset Marina 5555 College Rd y West, FL 33040 3 5-5 -751 - Leslie Johnson Hyatt in r Pointe CL 75 S Roosevelt Blvd y Key West, FL 33040 3 5- -3 7 -Abner i 0 0. Galleon Resort 7 Front St. Key West, FL 33040 E 3 s- 2 2-12 2 -Greg Trinka y 0 5 64 "d Terrace,Suite 1 KeyWest,FL33040 Phone(305) 96- 01 * ax(305) 92- 97 * garyspiumbingll '.aol.ca Packet iPg. 275 State Plumbing License# State Fire Marshall License CC575 FC13-00006 CD CL CUSTOMER REFERENCES College of the Florida Keys 5901 College Rd 0 Key West, FL3 � r ly U- 305-809-3547 Key West International Airport � U- 3491 S Roosevelt Blvd Key West, FL 33040 Chris Hawks 305-360-7935 2 CL HTA !A 201 Front St Suite 3 10 Key West, Fl, 3 3 040i Mike Gibson 305-292-8970 0 0 75 6409 2n"Terrace,Suite 1 KeyWest,FL33040 do a(3 )296-6 1 * Fax( 0 )292- 7 * ar s l bin l- ol.co Packet;Pg. 276 State Plumbing License# State Fire Marshall License# CFC1425735 FPC13-000064 CD .S .0 E 2 CL .!A CREDIT REFERENCES U) Lion Plumbing Supply PO Box 680730 Miami, FL 33168 0 305-688-6577 Ferguson Fire & Fabrication, Inc. PO Box 100286 Atlanta, GA 30384 U- 470-364-5945 Reliable Automatic Fire Sprinkler Co PO Box 28095 E 2 New York,NY 10087- - 1-1 !A 0 0. 0 CL (n E U) 0 CL 2 U- U- E 6409 2"Terrace,Suite I Key West,FL 33040 Phone(305)296-6013 * Fax(305)292-4978 * garysplumbingU,'aol.com I Packet Pg. 277 D.9.e Jimmy Patronis C°asia Side CHIEF FINANCIAL OFFICER BUREAU CHIEF Julius Halas 4Keith McCartliv CD DIVISION DIRECTOR 7 r_ SAFETY PROGRAM MANAGER E DEPARTMENTFLORIDA I DIVISION OF STATE FIRE MARSHAL !A 200 East Gaines Street -Tallahassee,Florida 32399- 342 Tel. 50-413-3 4 Fax 50-4I0-2467 CERTIFICATE OF COMPETENCY OFFICIAL COPY U) THIS CERTIFIES THAT: Ward L. Luther 6409 2nd Terrace Suite 1 Key West FL 33040 BUSINESS a 's Plumbing and Fire, Inc. Contractor II is limited tot e execution of contracts requiring teability to layout, fabricate, install, inspect, alter, repair, and service watersprinkler systems, waters ray systems, foam-water s ri kler systems, foam-water . spray systems, standpipes, combination standpipes and sprinkler risers, all piping that is an integral part of the system e i i at the point of service, sprinkler tank heaters, air lines, thennal systems used in connection with sprinklers, and tanks and pumps connected thereto, excluding pre-engineeredsystems. Issue ate: 7I 1/2 2 Type. 07 Class: 12 County: Monroe License rt 1 - 06 N d "i, r� �. 9 x Expiration ate: 06/ /2 2 � W 0 L. CL Chief Financial Officer 75 Packet;Pg. 278 D.9.e EXPIRES SEPTEMBER MONROE COUNTY BUSINESS TAX RECEIPT 2020 CL RECEIPT# 30140-20506 cA Business Narrie: ARY`S PLUMBING AND FIRE INC Owner Name: NARY L CNTONE, VJARI L LLITIiER III Business LoCat»oi,. 640 2N TERR 1 us QUALIFIER KEY WEST, FL 33040 P+Eail�n Address! � 6409 2ND TERR 1 Business Phone: 305-296-6013 KEY WEST, FL 33040 Business Tyke. CONTRACTOR(PLUMBING/ FIRE SPRINKLERS/ � TILE Employees 10 � 0 COMP CARD: 902 CITY ONLY STATE LICENSE: CFC1425735/ FPC 13 000064 L Tax Amount Transfer Fee Sub-Total Penalty Prior Years Coll,ectiori Costs Tt.tal Paid 25.00 0.00 25,00 z mo i 0.00 0,001 25,00 ca THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED 1 e Key West, FL 33041 YOU MUST MEET ALL CL COON D/OR y MUNICIPALITY PLANNING AND ZONING REQUIREMENTS, I 0 0. 0 CL MONROE COUNTY BUSINESS TAX RECEIPT 0 P.O. Box 1129, Key West, FL 33041-1129 CL EXPIRES SEP-rEMBER 30, 2020 2 Business Name 'GARY'S PLUMBING AND FIRE INC RE1 EIPT# 30140-2050 � 6409 2ND TERR 1 Business Location; KEY WEST, FL 33040 Owner Name. CARY L CENTONZE, WARD L LLITHER III � Mailing Address:QUALIFIER Business Phone: 30 - 96-6013 6409 2ND TERR 1 Business Type: CONTRACTOR OR(PLUMBING/ FIRE SPRINKLERS/ KEY WEST„ FL 3 040 TILE) Employees 10 COMP CARD., 902 CITY ONLY � STATE LICENSE: CFC1425735/ ; Tax Amount Transfer Fee Saab Total �Pena y ° Prior Fears i Collectgon Co,,t Tutal Paid 25,00 ,00, 25.00 0,00 0.00 0,00 � 25,00J Paid 0 0-1 -0002 235 /02/2019 25 .00 Packet iPg. 279 D.9.e EXPIRES SEPTEMBER MONROE COUNTY BUSINESS TAX RECEIPT CL RECEIPT 30140-20 Business Name: ARY'S PLUMBING AND FIRE INC Owner Name: ARY i CENTUNZE, WARD L I.UTHER III Business Location: 6409 2N TERR 1 Ch Mailing Address; QUALIFIED KEY WEST, FL 33040 � 6409 2dVi0 TERR 1 Business Phone: 35-296- 0I3 KEY WEST„ FL 33040 Business Type: CONTRACTOR (PLUMBING/FIRE SPRINKLERS/ TILE) Employees 1 CL COMP CARD? 902 CITY ONLY STATE: LICENSE. CFC1425735/ FPC 1 -000064 Tax Amount Transfer Fee fs: ub-Total Penalty Prior Years Collection Cost Taal Paid 25.01 O.110 25. p om 0.00 O.00125,00 Paid 1 5--1 004183 07f22020 2 00 THIS BECOMES A TAX REC IPT i ri � r T IS IS LY TAX- CL — WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL ur COUNTYAND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. I 0 0. 0 CL 0 MONROE COUNTY BUSINESS TAX RECEIPT CL P.O. Box 1129, Key West, FL 33041-112 EXPIRES SEPTEMBER 30, 2021 Business Name: GAR.Y'S PLUMBING AND FIRE INC RECEIPT# 30I40••20506 � 6409 2ND TERR I Business Location, KEY WEST, FL 33040 Owner Name! GARY L CENTON E, WARD L LUTHER III aiiing Address:QUALIFIER Business Phone: 305 296 6013 6409 2ND TERR 1 Business Type. CONTRACTOR(PLUMBING j FIRE SPRINKLERS/ KEY WEST, FL 33040 TILE) Employees 10 CAMP CARD: 902 CITY ONLY STATE LICENSE, CFC142573 / FP(.: I 000064 T!!%&TMET:25.130 Penalty Prior Years Collection Cast Total Laid 0.011 t1.f}0 fY. ll 2 € Paid 105-1 -00 04183 07/2 9/2020 25 .00 Packet;Pg. 280