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Item C11 C.11 County f � .�� BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 f` Mayor Pro Tem Craig Cates,District 1 The Florida Keys Michelle Coldiron,District 2 Vacant,District 3 --' Holly Merrill Raschein,District 5 County Commission Meeting February 16, 2022 Agenda Item Number: C.11 Agenda Item Summary #10164 BULK ITEM: Yes DEPARTMENT: Fleet Management TIME APPROXIMATE: STAFF CONTACT: Daryl Greenlee (305)292-3452 N/A AGENDA ITEM WORDING: Approval to award bid and execute contract for fuel delivery to Dion Fuels, LLC. ITEM BACKGROUND: Per contract, Monroe County will purchase unleaded gasoline and diesel fuel picked up and delivered by Dion Fuels, LLC from the Port Everglades Florida Terminal at the day's lowest available price. County will not be charged more than prices listed above market(rack) price from the date delivered(see page 3 of Contract, Item 45.B.) PREVIOUS RELEVANT BOCC ACTION: On March 15, 2017 the Board authorized execution of the current contract with Dion Fuels, LLC. The Board also approved the renewals and amendments of the contract in 2018, 2019, 2020 & 2021. Bids were opened on October 19, 2021 at 3:00 pm. There were two bids received: Sunshine Gasoline Distributors and Dion Fuels, LLC. Dion Fuels LLC is the lowest bid of the two. Tabulation sheet from the Purchasing Department is attached. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Contract- signed by Dion Fuels and County Attorney Purchasing Dept. - Bid Tabulation Sheet pdf COI- dionllc 2122 COI- approved by Risk 2.19.20 FINANCIAL IMPACT: Packet Pg.399 C.11 Effective Date: March 15, 2022 Expiration Date: The Agreement shall be for a period of one (1)year, commencing on the day in which it has been approved by the Board of County Commissioners. The County shall have the option to renew this agreement after the first year for four(4) additional one (1)year periods. Total Dollar Value of Contract: $450,000.00 approx. Total Cost to County: $365,000.00 approx. Current Year Portion: Budgeted: Yes Source of Funds: Approx. 50% ad valorem/25% non-ad valorem /25% gas tax CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: No Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes Additional Details: N/A REVIEWED BY: Daryl Greenlee Completed 01/18/2022 3:47 PM Kevin Wilson Completed 01/18/2022 7:51 PM James Molenaar Completed 01/19/2022 8:41 AM Purchasing Completed 01/19/2022 8:53 AM Budget and Finance Completed 01/31/2022 10:26 AM Maria Slavik Completed 01/31/2022 2:51 PM Liz Yongue Completed 02/01/2022 9:38 AM Board of County Commissioners Pending 02/16/2022 9:00 AM Packet Pg.400 C.11.a SECTION THREE --CONTRACT CONTRACT BETWEEN MONROE COUNTY AND CONTRACTOR FOR UNLEADED GASOLINE AND IESEL FUEL SUPPLIER THIS AGREEMENT, made and entered into this day of 20 by and between the MONROE COUNTY, a political subdivision of the State of Florida m hereinafter called "County" and DION FUELS, LLC., a Florida corporation, hereinafter called "Vendor" or"Contractor". WITNESSETII: 0 WHEREAS, the County maintains gasoline and diesel fueling facilites throughout W Monroe County for purposes of fueling County vehicles; and E 0 WHEREAS, the Vendor is qualifed, properly equipped and is in the business of providing gasoline and diesel fuel to fueling facitlies; now, therefore IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties hereto do hereby agree as follows: c 1. DESCRIPTION SCOPE OF SERVICES/PROJECT A. The Vendor shall deliver Low, Medium, or High Octane Gasoline as requested by N the County and Ultra Lowy Diesel Fuel (Clear and Dyed) to locations in the Ivey West, Marathon, Plantation Ivey, and Ivey Largo areas as requested by the ordering Monroe County and School Board departments and on the dates requested by such departments. Fuel shall be delivered the next day if requested by 4:00 p.m. E B. Deliveries will be in quantities of less than One Hundred (100) gallons to Seven Thousand (7,000) gallons (Full Tanks). The Vendor shall have a metered tanker for all deliveries and shall be required to itemize invoices for each delivery under this provision. Packet Pg.401 C.11'a C. Upon request by the County, Vendor shall provide documentation supporting most recent pump meter certification. D. All Monroe County deliveries must be supervised and delivery tickets must be signed and dated by Monroe County personnel. . The Vendor shall have the capability to pump fuel into elevated and/or aboveground tanks through standard nick detachable couplings. F. The Vendor shall prioritize the County and have ability to provide daily deliveries of gasoline and diesel to multiple locations after a hurricane, natural disaster, or other emergency for as long as the need exists. E 0 2. TERM OF CONTRACT This Agreement shall be fora period of One (1) year commencing on March 15, 2022 The County shall have the option to renew this Agreement after the first year, for four (4) additional one (1) year periods. 3. HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this Contract, Vendor s all defend, indemnify and hold the County and the ounty`s elected and 0 appointed officers and employees harmless from and against (I) any claims, actions or causes of action, (1 ) 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 (111) any casts or expenses (including, without limitation, casts imposed ) any governmental agency by reason of`, or in connection with a violation of any federal law or regulation, attorney's fees and costs, court casts, fines and penalties) that may be asserted against. initiated withrespect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Vendor or any of its employees, agents, contractors or Packet;Pg.402 C.11'a other invitees during the term of this Agreement, ) the negligence or willful misconduct of Vendor or any of its employees, agents, contractors or ether invitees, or ( ) e'en cars 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 scale negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Vendor). Insofar as the claims, actions, causes of U. action, litigation, proceedings, costs or expenses relate to events or circumstances that occur daring the term of this Agreement, this Sections will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 0 4. INSURANCE U. Prior to execution of this agreement the Vendor shall furnish the County Certificates of E Insurance indicating the minimum coverage limitations as stated and attached hereto, in the General Insurance Requirements for Suppliers of Goads or Services. 0 5. PAYMENT A. Price per gallon shall reflect Port Everglades Florida Terminal (RACK) charges. U. B. Monroe County may not be charged more than the following prices listed above market price from date delivered. Unleaded Gasoline (Any Octane) Ultra Low SulfurDiesel {dear and L3 ed 0 0.059 Key West $ 0.069 Key West O.049 Sugarloaf $ 0.059 Sugarloaf $ 0.039 Marathon $ 0,049 Marathon $ 0.029 Plantation Key $ 0,039 Plantation Key .029 Coral Shores 0.039 Coral Shores 0.019 Key Largo O.029 KeyLargo Packet iPg.403 C.11'a C. The Vendors all submit invoices to the County, itemizing the delivery location, the requesting department, the RACK prices, and all taxes, for each delivery to the locations described herein. Invoices shall include supporting documentation that is acceptable to the Clerk. Acceptability tote Clers is based on generally accepted accounting principles and such laves, rules and regulations as may govern the Clerk's disbursal of funds. Upon receipt of an Invoice the County shall have thirty days, in accordance with the Florida Prompt Act, to render payment to Vendor. 0 E. Gasoline and Diesel Fuel taxes must be itemized on each invoice. E 0 INDEPENDENT VENDOR 0 At all times and for all purposes under this Agreement the Vendor is an independent Contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the Vendor or any o his/heremployees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 7, ASSURANCE AGAINST ISCI ATIO Vendor s all not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating. or any other area affecting employment under this agreement or with the provision of services or goods under this Agreement. . ASSIGNMENT Vendor shall not assign or subcontract this Agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and previsions as the County may deem necessary. Packet iPg.404 C.11'a This Agreement shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractors ail comply. with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no tanner or event be deemed to impose any obligation upon the County in addition to the total agreed-upon price of the services`goo s of the Vendor. 9. COMPLIANCE WIT LA In providing all services1goods pursuant to this Agreement, the Vendor shall abide all laws, statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said laws, statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement ands all entitle the County to terminate this Agreement immediately upon delivery of written E notice of termination tot e Vendor. The Vendor s all possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 0 10. NOTICE REQUIREMENT Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage prepaid, to the ether party by certified nail, returned receipt requested, to the following: For County: For Vendor: Fleet Management Services Dion Fuels, LLC. 0 3583 S. Roosevelt Blvd, P.O. Box 1209 Key West, FL 33040 Key West, Florida33041 11. FUNDING AVAILABILITY The ounty's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval oft e Board e ers at the time of contract initiation and its duration. In the event that funds from Fleet Management Services operating gasoline and Diesel Accounts are partially reduced or Packet iPg.405 C.11'a cannot be obtained or cannot be continued at levels sufficient to allow for the purchase of services/goods specified herein, this Agreement may then be terminated immediately at the option of the County by written notice of termination delivered in person or by mail to the Vendor. The County shall only be obligated to pay for any goods delivered y the Vendor until the Vendor has received written notice of termination due to lack of fiends. 1 . PROFESSIONAL RESP S[ IL,ITY The Vendor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described; Subject to the terms and conditions set forth in the Notice of calling for Bids. The Vendor shall at all tildes exercise independent, professional judgment and shall assume professional responsibility forte services to be provided. Continued funding y the County is contingent upon retention of appropriate local, E state, an =°'`or federal certification and.°`or Iicensure of Vendor. 13, PUBLIC ENTITY CRIME STATEMENT 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 bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 27.017, for CATEGORY TWO 35, 00. 0) for a period of 36 months from the date of being placed on 0 the convicted vendor list. 14. TERMINATION A. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTR-ACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall Packet;Pg.406 C.11'a provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the reach is not cured. the Agreement will be to inated for cause. If the COIJNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination. unless the cost of completion to the COUNTY exceeds the funds remaining in the contract,, however, the COUNTY reserves the right to assert and seek an offset for darnages 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 C; TY's False Claims Ordinance, � E located at Section - 21 et al, of the Monroe County Code. B. Termination for Convenience: "The COUNTY may terminate this Agreement for convenience, at any time, upon 30 as' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to ter ination, unless the cost of completion to the COUNTY exceeds the fiends remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement C. For Contracts of any amount, if the County determines that the Contractor has 0 submitted a false certification under Section 7.135(5). Florida Statutes or has been laced on the Scrutinized Companies that Boycott Israel List, or is engaged in a � boycott of Israel, the County shall have the option of(l) terminating the Agreement after it has given the Contractor written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section .1 ( )(a), Florida Statutes, or ( ) maintaining the Agreement if the conditions of Section 7.1 5( ). Florida Statutes, are rnet. Packet iPg.407 i C.11'a D. For Contracts of $1,000,000 or more, if the County determines that the Contractor Submitted a false certification under Section 2 7.135(5), Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with ctivities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 7.135(5)(a), Florida Statutes, or ( ) maintaining the Agreement if the conditions of Section 7.1 5( ), Florida Statutes. are met. 15. APPLICABLE LA VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Vendor agree that venue will lie in the appropriate court or before the appropriate administrative body in the 16'�' Judicial Circuit in and for Monroe County, Florida. e County and Vendor agree that, in the event of conflicting interpretations of the terms or a term oft is Agreement by or between any oft ern the issues all be submitted to mediation prior tot e institution of any other administrative or legal proceeding. 16. ATTORNEY'ATTORNEY'S FE ES AND COSTS 0 The County and Vendor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative tote enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorne 's fees, court costs, investigative, and out-cif-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees; courts cosh, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant tot is Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and custot ary procedures required by the circuit court of Monroe County. Packet;Pg.408 C.11'a 17. MAINTE E OF BQOKSRECORDS AND DOCUMENTS & RIGHT TO AUDIT Vendor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each arty to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreemem for public records purposes during the term of the Agreement and for Five (5) years following the termination of this Agreement. If an auditor employed y the County or Clerk determines that odes paid to Vendor pursuant tot is Agreement were spent for purposes not authorized by this Agreement, the Vendor shall repay the monies together with interest calculated pursuant to Sec, 55.03, F , running from the date the monies were paid tot e Vendor. fight to Audit Availability qfI ecor°c s, The records of the parties tot is Agreement relating E to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available- subcontract files (including; proposals of successful and unsuccessful bidders, bid recaps, bidding instructions. bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation, general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any ether 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 relate � tot is agreement, and all other agreements, sources of informaation and matters that may in County's or the County Clerk®s reasonable jar gment have any bearing on or pertain to any utters, rights, duties or obligations under or covered by any contract document (all foregoing; hereinafter referred to as "Records") shall be open to inspection and subject to audit sand,or reproduction by ounty's representative and/or agents 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 payroll computations, overhead corm utations, observing; vendor and supplier payments, 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 (l 0) years after Final Completion pletion of the Project. The County Clerk possesses the Packet iPg.409 C.11'a independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed byte Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Conti-actor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to carol provisions survives the termination of expiration of this agreement. I . SEVERABILITY If any term, 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 y a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition � E and provision of this Agreement shall be valid and shall be 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 and Vendor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible tote intent of the stricken provision. 19. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Vendor and their respective legal representatives, successors, and assigns. 0 20. AUTHORITY � Each party represents and warrants to the other that the execution, delivery and performance oft is Agreement have been duly authorized by all necessary County and corporate action, as required by law. Packet iPg.410 C.11'a 21. CLAIMS FOR FEDERAL STATE AID Vendor 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 funding that effect these services will be provided to each party. 22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Vendor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction oft e parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 23. COOPERATION � In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Vendor agree to participate, to the extent require by the other arty, in all proceedings, hearings, processes, Meetings, and other activities related tote substance of this Agreement or provision of the services under this Agreement. County and Vendor specifically agree that no party tot is Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 24. NONDISCRIMINATIOWEQUAL EMPLOYMENT P RTL1 ITS' CONTRACTOR and COUNTY agree that there will be no discrimination against any � person, and it is expressly understood that upon a determination by a court of competent 0 jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees to comply with all Federal and Florida statutes. and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (P - 2) which prohibits discrimination on the basis of race, color or national origin; ) Title IX of the Education Amendment of 1972, as amended (20 US ss. 16 1-16 3, and 1 -1 6), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of` 1973, as amended (20 USC s. 794), which prohibits Packet iPg.411 C.11'a discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as arnen ed (42 USC ss. 101- 107) which prohibits discrimination on the basis of age; ) The Drug Abuse Office and Treatment Act of 12 ( L 92- 5), as amended , relating to nondiscrimination on the basis of drug abuse; ) The Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of 1970 (PL 91-61 ), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; ) The Public Health Service Act of 1912, ss. 53 and 52 (42 [CSC ss. 690dd-3 and 20ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; ) Title VIII of the Civil Rights Act of 196 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; ) The Americans with Disabilities Act of I990 (42 USC s. 12 10 1 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 1 ) Monroe County Code Chapter 14, ,article II, which prohibits discrimination on the basis o � E race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. U During the performance oft is Agee ent, the O T TO , in accordance with Equal 1)loyrx enl 0I)por°tunny ( 0 Fed. Reg. 123319, 12935, 3 C.F.R. Part, 1 6 -1965 Comp., p. 3 ), as arnended by Executive Order 11375, mending Executive 07-d er 11246 Relating to Equal Employment 1-)I)or•tzrrrily, and implementing regulations at 41 .F. . Part 60 (Office of Federal Contract Cony fiance Programs. Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,1 C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant foremployment 0 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 e ployn-tent, without regard to their race, color, religion, sex. sexual orientation, gender identity, or national origin. Such actions all include, but not be limited to the following. Employment.. upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available toemployees and applicants for employment. notices to be Packet iPg.412 C.11'a provided setting forth the provisions oft is nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation. gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquire 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 tote compensation information of other employees or applicants as a part of such E employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted byte employer. or is consistent with the contractor's legal duty to furnish information. � 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 0 ) The contractor will comply with all provisions of Executive Order 11246 of September � 4, 1965, and of the rules, regulations. and relevant orders of the Secretary of Labor. 6 The contractor will furnish all information and reports required y Executive Order 11246 of September 24, 1965, and by the rules. regulations, and orders of the Secretary of Labor® or pursuant thereto, and will permit access to his books. records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain Packet iPg.413 C.11'a compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses oft is contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts 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 E (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 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 sans of enforcing such provisions, including sanctions for non-compliance, provided, r_ however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests o the [United States. 0 25. COVENANT OF NO INTEREST County and Vendor 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 Agree ent, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 2 . CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.3 13. Florida Statutes, regarding. but not limited to, solicitation or Packet iPg.414 C.11'a acceptance of gifts; doing business with one®s agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 27. NO SOLICITATIOMIPAYMENT The County and Vendor 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 Agree ent and that it has not aid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting froth the award or making of this Agreement. For the breach or violation of the provision, the Vendor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from onies owed, or otherwise � E recover, the full amount of such fee, commission, percentage. gift, or consideration. 28. PUBLIC ACCESS The County and Vendor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 11 , Florida Statutes, and made or received by the County and Vendor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation oft is provision by Vendor. 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 0 its control subject to the provisions of Chapter 11 , Florida Statutes, and made or received byte County and Contractor in conjunction with this contract and related to contract performance. � The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorneys fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Packet iPg.415 C.11'a The Contractor is encouraged to consult with its advisors about Florida Public Records Lawn in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to, (1) Keep and maintain public records that would e required y the County to perform the service. (2) Upon receipt from the County`s custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, ( ) Ensure that public records that are exempt or confidential and exempt from blic records disclosure requirements are net disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the E records tote County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractors all 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 tote County, upon request from the County°s custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made 0 directly tote County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County°s option and right to unilaterally cancel this contract upon violation oft is provision by the Contractor. A Contractor %Arho fails to provide the public records to the County or pursuant Packet;Pg.416 C.11'a to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. CONTRACT,IF THE CONTRACTOR HAS __QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,, FLORIDA STATUTES, TO HE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTACT THE CUSTODIAN OF PUBLIC ® _ BRADLEY- BRIAN 4 MONROE COUNTYW 1Street, SUITE , KEY WES4 2 NON-WAIVER NITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation oft e County and the Vendor 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 o liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. 30. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability. exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply tot e activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under � this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 1. LEGAL OBLIGAI°IONS AND ES NS ILIT ES: Non-Delegation of Constitutional or Statutory Duties, 'Chis Agreement is not intended to, nor shall it be construed as, relieving any Packet;Pg.417 C.11'a participating; entity from any obligation or responsibility imposed upon the entity by law except tote extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in 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 by the Florida constitution, state statute, and case law. 32. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled 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 any service or program contemplated hereunder. and the County and the Vendor agree that neither the County nor the Vendor or any went, officer, or U- employee of either shall have the authority to inform, counsel, or otherwise indicate that any � E 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 Agreement. 3. XrTESTATIONS Vendor agrees to execute such documents as the County may � reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 34. NO PERSONAL LIABILITY No covenant or 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, and no member, officer, went or employee of Monroe 0 County shall be liable personally on this Agreement or be subject to ally personal liability or accountability by reason of the execution of this Agreement. . EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may, execute this Agreement by signing any such counterpart. Packet,Pg.418 C.11'a 36, 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. 37. MUTUAL REVIEW This Agreement has been carefully reviewed by the Vendor and the County, therefore this Agreement is not to be construed against either party on the basis of authorship. 38. UNCONTROLLABLE CIRCUMSTANCES Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party"s control, without such Pa y°s fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have E been foreseers, was unavoidable: (a) acts of God; (b) flood, fire, earthquakes explosion, tropical storm. hurricane or ether declared emergency in the geographic area of the Scope of Services; (c) war. invasion, hostilities (whether war is declared or not)® terrorist threats or acts. riot, or rather civil unrest in the geographic area of the Scope of Services:, (d) government order or law ill the geographic area of the Scope of Services. (e) actions, embargoes, or blockades in effect on or after the date of thisAgreement; (f) action by and, governmental authority prohibiting work in the geographic area of the Scope of Services;(each. a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perforars® changes in cost or availability of materials, components. or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in 0 an Uncontrollable ircUrnstanc;e, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, � ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor ma) onIN seek a no cost Change Order for such reasonable time as the Owners Representative may deterrnine. Packet iPg.419 C.11'a 3 . E-VERIFY SYSTEM inning January 1, 2021, in accordance with F.S. 448.095. the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of HomelandSecurity's -Verify system to verify the work authorization status of all new employees hired byte Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant tot e Contract to likewise utilize the U.S. Department of Homeland Security's -Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract termer. Any subcontractor shall provide an affidavit stating that the subcontractor does note play, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and e subject to the provisions of F.S. 448.095 40, FEDERAL T C T REQ1jlREMENTs � The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 .F,R. 200.326 Contract provisions and endix 1I to C.F.R. Part 200, as amended, including but not limited to: Davis-Bacon Act, as amended (40 U.S.C. 31 1-31 ). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program. Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port 'Security Grant Program and Transit Security Grant Programer, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act 40 .S,C. 31 1-314 , and 31 6-31 ) as supplemented by Department of Labor regulations (29 CFR Part5, "Labor Standards 0 Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages � to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made byte Secretary of Labor. In addition, contractors must be required to ay wages not less than once a week. II` applicable, the C 1J T Y must place a Current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the rage determination. The COUNTY must report all suspected or reported violations to the Packet;Pg.420 C.11'a Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Brant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C, § 3145), as supplemented by Department of Labor regulations ( 9 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or say reci lent is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to E give tip any part of the compensation to which lie or she is otherwise entitled. The COLYNTY must report all suspected or reported violations tot e Federal awarding agency, (1) Contractor. The contractors all comply with 18 U.S.C. § 874, 40 U&C; 145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated y reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also � a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. N The prime contractors all be responsible for the compliance by any subcontractor or lower � tier Subcontractor with all of these contract clauses. 0 (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. 5.12, Additionally. in accordance with the regulation,. each contractor and subcontractor must furnish each week a :'tatement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-kickback Act and the Davis Bacon Act during the preceding weekly payroll period, The report shall be delivered by the contractor or Packet iPg.42'1 C.11'a Subcontractor, within seven days after the regular payment date of' the payroll periods to a representative of a Federal or State agency in charge at the site of the building or work. Contract Work Hours and Safe Standards .act (40 U.S, . 3701-3 )a Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of 100.0 0 that involve the employment of mechanics or laborers must comply with 40 U,S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 .S. . §3702 of the Act, each contractor must compute the wages o every mechanic and taborer on the basis of a standard ork week of 40 hours, Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours i the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work an E provide that no laborer or mechanic must be required to Mork in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply tot e 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. ) Overtime i-equirements. No contractor or subcontractor contracting; for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or pe -►it any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek, 0 ( Violation, liabilityfor• unjmid ii age , liquic e led danukifes, In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work dome under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic. including watchmen and guard.,, employed in violation of the clause set forth in paragraph 29 Packet iPg.422 C.11'a C.F.R. § 5.5 (b)(1 ). in the sutra of 27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required byte clause set forth in parara29 C.F.R. § 5. (b)(1). ( ) ff'ith olclin car® unj)crtcl wages and liquidated class ages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federal ly®assisted contract subject tote Contract Work Hours and Safety Standards Act. which is held by the same prime contractor, such sums as may e determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § � 5.5 ( (2). ( ubcor lracl . The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through ( ) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractors all e responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set florth in paragraphs 29 C.F.R. § 5.5 (1) throw (4). ihts to Inventions_ Made Under a Contract or ;ree ent. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or sureciient wishes to eater into a contract with a small business firm or nonprofit organization regarding; the substitution of parties, assignment or performance of experimental, developmental, or research 0 work Linder that "funding agreement," the recipient or subreci ient must comply with the requirements of 37 CFR Part 401, "Rights o Inventions Made by Nonprofit Organizations an � Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Clean Air tact ( 2 U.S.C. 1-7671�,1 and t e Federal star ollr�tiotl control Act 133 5. , 1251-13 7). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean .fir Act, as amended 42 U3, . 40 - 6 1 ) and the Federal Packet iPg.423 C.11'a Water Pollution Control .act, as amended (3 U` S.C. 1251-13 7) and will report violations to FE ,A"Te eral Agency and the appropriate e ional Office of the Environmental Protection Agency (EPA). The Clean .Air Act ( 2 U.S.C. 01-7 71 .) and the Federal Water Pollution Control Act ( 3 U.S.C. 1251-13 ), as amended----applies to Contracts and sub rants of amounts in excess of$150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FE A3'Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FE A/Federal Agency and the appropriate EPA Regional Office. 0 Debarment and Suspension Executive Orders 12549 and 126 WA contract award under a "covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the E govern entwi e exclusions in the System for Award Management (SA ), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 125 (3 CFR part 196 Co . 1 9) and 16 (3 CFR part 1989 Comp., p. 3 ), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 ( onprocure ent Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statute or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at sa €yP. Contractor is required to verify that none of the contractor's principals (define at 2 C.F.R. l .935) or its affiliates (defined at 2 C.F.R. 1 0.9 ) are excluded (defined at 2 C.F.R. §1 0,94 ) or disqualified (defined at 2 C.F.R. l 0.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.FK pt. 3000, subpart C, and gust include a 0 requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later � determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F. . pt. 000, subpart C. in addition to remedies available to the COO INTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F. . pt. 3000; subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring Packet iPg.424 C.11'a such compliance in its lower tier covered transactions. Byrd Anti-Lobbying Bien ent (3l U.S.C. § 1 52) Contractors that apply or bid for a award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in tarn will forward the certification(s) to the awarding agency. If award exceeds 100, 0, the attached certification must be signed and submitted y the contractor to the � COUNTY.) Compliance with Procurement of recovered materials as set forth in 2 C 200. 23. CONTRACTOR st comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection ,agency (EPA) at 40 C,F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with aintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded 10,00 ; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative rocure ent program for 0 procurement of recovered materials identified in the EPA guidelines. In the performance or this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquire 1. Competitively within a ti efra e providing for compliance with (he contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Packet iPg.425 C.11'a Information about this requirement: along with the list of EPA-designated items, is available at EPA`s Comprehensive Procurement Guidelines web site, tt s.r'.,` .epa. ov"smrn�'comprehensiveprocu ent- uideline-cp ®program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Prohibition on certain telecommunications and video surveillance services or eq i-) ent as set forth in F �200. 1 o Recipients and su reci ie is and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; ) Extend or renew a contract to procure or obtain; or ) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered E telecom unications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law I 1 -232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital "Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (ii ) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Domestic preference for pr cureent _mas._._setforth i. ... ....CFR_§290.322�T e COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, Packet;Pg.426 C.11'a acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subs ards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based pro ucts such as polyvinyl chloride pipe; aggregates such as concrete; glass, including opticalfiber; and lumber. Americans with Disabilities ,act of 1990, as amended_(APA) The CONTRACTOR will � comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 0 Disadvantaged Business Enterprise E) Polio and Obligation ® It is the policy of the COLNTY that 's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in pall with COUNTY finds under this Agreement. The DBE requirements of applicable federal and state laws an regulations apply o this Agreement. The COUNTY' TY and its CONTRACTOR agree to ensure that E"s have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall toe all necessary and reasonable steps in accordance with C;.F, . § 0 . 1(as set forth in detail below), applicable federal and state laws and regulations 0 to ensure that the E's have the opportunity to compete for and perform contracts. The COUNTYand the CONTRACTOR and subcontractors shall not discriminate on the basis of E race, colors national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. _m m .R. §..299.321 CONTRACTING .....I"C L,I,mt�____________.....AND 1........O MINORITY BUSINESSES, Ct E 'S BUSINESSENTERPRISES- AND L SURPLUS AREA I a If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then; in accordance with 2 C.F.R. 200.321, the Packet;Pg.427 C.11'a CONTRACTOR shall take the following affirmative steps to assure that minority businesses, wo en's business enterprises, and labor surplus area firms are used whenever possible. Affirmative steps must include: (1) Placing qualified small and minority businesses and wo en's business enterprises on solicitation lists; (2) Assurin that small and minority businesses, and wo en's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when econo ically feasi le, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women'women's business enterprises; ca (4) Establishing delivery schedules, where-----the----Emmirement permits, which encourage participation by small and minority businesses, an � E wo en's business enterprises; (5) Using the services and assistance, as aDpropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affin-native steps listed in paragraph (1) through (5) of this section. -Verifystern. The Contractor shall utilize the U.S. Department of HomelandSecurity's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor wring the terra of the Contract and shall expressly require any subcontractors performing or or providing services pursuant to the Contract to likewise utilize the U.S. Department of 0 Homeland Security's P,-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract terns. Energy Efficiency- CONTRACTOR will comply with the Energy Policy and Conservation Act (P.L 94-163; 42 U.S.C. 1- ) and with all mandatory standards and policies relating to enemy efficiency and the provisions of the state Energy Conservation Plana opted pursuant thereto. Packet;Pg.428 C.11'a Access to Records: Contractor and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable rovisions governing the Department of Homeland Security UIS) and the Federal Emergency ana e e t Agency's (FF ) access to records, accounts, documents, information, facilities, and staff. Contractors must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Clive DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related tote grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or pro rare guidance. 3. Submit timely, complete, and accurate reports tote appropriate DHS officials and maintain appropriate backup documentation to support the reports. S Seal, Low and Flames: Contractor shall not use the Department of HomelandSecurity � E sears), logos, crests, or reproduction of films or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 0 Changes to Contract: The Contractor understands and agrees that any cast resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. Compliance with Fe oral LawReulationsand Executive _Orders. This is an acknowledgement that FE A financial assistance may be used to fund all or a portion of the contract. The 0 contractor will comply will all applicable Federal Caw, regulations, executive orders, FEMA policies, procedures, and directives o 0 N ation by Federal .cavern ent. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUN TY11"non®Fed era l entity, contractor, or any other party pertaining to any matter resulting from the contract. 1!rogyrarn Fraud_ and_F or Fraudulent Statements or Related Acts.. If applicable, the contractor Packet;Pg.429 C.11'a acknowledges that 31U.S.C. Chap. 3 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining tot is contract, Florida Divison of Emergency Management: The CONTRACTOR is bound by any terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division). 0 E 0 0 0 Packet;Pg.430 C.11'a The CONTRACTOR shall hold the Division and COUNTY harmless a;aimist all claims of whatever nature arising out of the � TR. T l ®s irerform an e of work under this Agreement, to the extent allowed and required by law. In witness whereof, the parties hereto have execrated this agreement the play and year first above written, (Seal) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK MONROECOUNTY, FLORIDA l ", _ Hy, 0 s Deputy Cleric ay r/ hairmrran °LNDOP. 41 DATE!: �(76 � (Corporate Sear MONROE COUNTY ATTORNEY � PROVED AS TO FORM y , tt st: Kz t h � k „✓` '`` ,r�v. s ,.' t � E-sq. w�...,. a:: r ...r+sx� � Witness � w 11ness Packet iPg.431 C.11.a GeneralRISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL ce Requirements fo r ContractorsOther r As a pre-requisite of the work governed, or the goods supplied under this contract (including the re-staging of personnel and material), the Contractor shall obtain, at his./her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. 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 contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified ate and time, except fort e Contractor's failure to provide satisfactory evidence. The Contractors all maintain the required insurance throughout the entire term of this contract � and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, tote County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. � The County, at its sale option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty ( ) days prier 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 any liability or obligation assumed under this contract or imposed by law. Packet;Pg.432 C.11'a The Monroe County Board of County Commissioners, its employees and officials will be included a "Additional Insured" on all policies, except forWorkers' Compensation. Any deviations from these General Insurance Requirements gust be requested in writing on the County prepared form entitle "Request for Waiver of r ee Requirements" an approved b) Monroe County Risk Management, 0 E 0 0 0 Packet iPg.433 C.11'a UNLEADEDGENERAL LIABILITV INSURANCE REQUIREMENTS FOR CONTRACTFOR AS L DIESEL FUEL SUPPLIER BETWEEN CONTRACTOR 0 CJ Prior to the cosy encement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract .� and include, as a minimum: E • Premises Operations • Products and Completed erations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage ca The minimurn limits acceptable s all e: � a� 1,000, 0 Combined Single Limit (CSL) Ifs lit limits are provided, the minimum limits acceptable shall e: 500,000 per Person 1,000,000 per Occurrence 100,000 Property Damage N n Occurrence Form policy is preferred, If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend fora minimum oftwelve (1 ) months following the acceptance 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. ents. Packet iPg.434 C.11'a WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT UNLEADED GASOLINEAND DIESEL FUEL SUPPLIER BETWEEN MONROE COUNTY, FLORIDA AND rior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractors all obtain players' Liability Insurance with limits of not less than: E $500,000 Bodily Injury by Accident 0 $500,000 Bodily Injury by Disease, policy limits 00,000 Bodily Injury by Disease, each employee 0 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 byte Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued byte Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. � If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required, In addition, the Contractor may be required to submit updated financial statements from the fun upon request from the County. 0 Packet iPg.43!5 C.11'a VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT UNLEADED A I SSUPPLIER COUNTY,BETWEEN MONROE AND FLORIDA 0 Recognizing that the work governed this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum. liability coverage for: -- Owned, Non-Owned, and Hired Vehicles E 0 The minimum limits acceptable shall e: 0 $1,000,000 CombinedSingle Limit ( SL f split limits are provided, the minimum limits acceptable shall e: � 500,000 per Person 1,000,000 per Occurrence 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on � all policies issued to satisfy the above requirements. 0 Packet;Pg.436 C.11'a UNLEADEDHAZARDOUS CARGO TRANSPORTERS LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT S LIB L SUPPLIER COUNTY,BETWEEN MONROE AND FLORIDA Prior to the cony encernent of work governed by this contract, the Contractor shall purchase , Pollution Liability Insurance which extends to the hauling of tonic and hazardous material by � motorized vehicles. In compliance it the Motor Carrier Act, the policy should be endorsed with an Endorsement, dennonstrating financial responsibility for spills and clean-up. Any pollution exclusion limiting coverage tinder this policy shall be removed. The minimum limits acceptable shall e; 1,000,000 per Occurrence 0 0 0 Packet iPg.437 i (Ionj uoia -43 a4u0 I n ) jpd 49 gejnq pl - -4dea Buiseqwnd :4u8ua 3 44 S3 co c U a d U -' N m S a } } h N � � O U- N � N Ln Ln Ln Ln Ln Ln O U 4— N I� r" Ln N U S ri ri O O O h O O O O O O p� W > J a > } O W W O O --� a U Z ILA i Z LU g W � Q W Q W W p - O O O O O 0Ln Ln Ln Ln Ln 0 o L LL Qa O N m ,M-i ,N-i O O O s 3 ZW O Q N 0 0 0 0 0 0 o � � C� ZF'' W N J W Q Q co co IZi p o cn O 2 Q J W 2 -2 pIx O a p o W Q � Q W C1 0 M L U = O 4- 4- 0 Z W e L � W J (n L L IL Z ' LL z w � > O O w ~ Q z O a O 0 v O 0 ui C7 OJ = ~ _ 4 ° ui z Q cn J Q J O Q H J z L s a a ui z } W g cc ,. a z tn L CL 42- L } U } U O ,5 Q t$ q S O L CL } Vtn L .s `tom J , } L 'Lm } 4- E- O } U Ll L >'4- N O Q V } L m H i m (Ionj uoia -43 a4u® I n ) jpd 49 ogejnq pl - -4dea Buiseqwnd :4u8ua 3 44 c U a d N rtC ' S a } } h N � � O U- Q lfl Ln M M N O O O O O O N � N W > J o a a O W W �' O U Z LL A i Z LU g W Lu � Z Wa (A W rn rn rn rn rn rn o W a 0 G fo aa) m 0 0 0 0 0 7-1 s 3 G W Z N c } Q � OO W N J W 4- LU Q Q co co Q o cn = Q O Ix OD 4- a � p IW- Q W o o Q U i } U 0 Z W W J u W o > i IL Z z 6 " z z o' o � v O O ui cn 0 O p W 0 w -i _ = a H Q J ¢ j W 0 a z J z t � U ~ w ui g CL o Q u z i � 0 D CL s } L } U 4- 5 Q tn S o 0 p� o_ } V cn CL N >, O J 4- N } L m } y_ O } O U Ll N � O Q L C.11.c DIONENT-03 KLEE DATE(MM1D©fYYYY) CERTIFICATE LIABILITY I 10113/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s PRODUCER ! CONTACT NAME: Morris and Reyynolds Insurance PHONE FAx 14821 S Dixie Hwy I_I,a/c,No,Exh:(305)238 1000 (AIC—No): Miami,FL 33176 ADDRESS; I _.. INSURER(S)AFFORDING COVERAGE NAIC It .--- _� INSURER A: uideOne Insurance CO any ____. ._ 115032 INSURED INSURERS Lloyds DO-NOT U E.. 15642 Dion Enterprises LLC, Dion Fuels LLC,Dion Transport LLC INSURER c B,rid ofield Ca ualty Iris Co, 110335 Post Office Box 1209 ; INSURER D Key West, FL 33041 ------ INSURER E 1 INSURER F: '. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O iNSR ADOL;SUBRi - POLICY EFF POLICY EXP IR TYPE OF INSURANCE [ POLICY NUMBER LIMITS A. X COMMERCIAL GENERAL LIABILITY'' !! I .. ! OCCURREN CE 1,00OCCURRENCEs 62P100724-01 21812021 2a'812022 DAMAGE e C1 RENTED _._..... CLAIMS-MADE }� OCCUR PRIv�!.S.L.�_LFa..�Gc�rr�nc€4 Ste. 1C)1�,Q00 MBD EXP fAny one person) 5 1,000 000 PERSONAL INJURY 5 (.� 'L AGGREGATE LIMIT APPLIES PER. ( GENERAL AGURECaATIy 4 5- 2 000 e POLICY( JE7 .. i Lac ,, ( �IOnuci s.=GCiMP/C1P a s_ 2 000 000 GL {OTHER - I LIQUOR LIAB t 1,6Co,bb-6 A s AUTOMOBILE LIABILITY �� COMBINED SINGLE LIMIT I $ 1,000,000 .ANY AUTO} I 6213100724-01 2/8/2021'..... 2I812022 BODILY INJURY Per erson 5..._,...... ..._._ CV AUTOS ONLY ONLY I SAUTOSCHEDULED I BCD[[Y INJURY Per accident HIRED l� ' N(7N-OOWNSD I i PROPERTY H.MAGE I AUTOS ONLY �__ °AUTOS ONLY UMHRELLALIAe X OccuR 5,000,000 ' I EACH OCCURRENCE S X EXCESS LIAR CLAIMS-MADE ( 121RENMA2100055-30003903 2/812021 21812022 AGGREGATE 5,000 000 DEC I X4 I RETENTION$ 0 C WORKERS COMPENSAT10N I � PER r OTH- AND EMPLOYERS'LJABILITY" Y t N . ...._..STATUTE _.. ER _ 119642371 2/8/2021 2I812022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L..EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? LN (Mandatory in NH) N r A + 1,000,000 E-L-DISEASE-EA EMPLOYEE 5 � utyyes,RIPTI Nunder i 1,000,000 C3ESORIPTION OF OPERATIONS below ! __-_— � E.L.DISEASE-POLICY LIMIT 15 Isk DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Petroleum Distributor-State of Florida MCS 90*Monroe County-District School Board its employees and officials Included as Additional Insured with regards to General/Auto Liability with respects to operations of client only. Waiver of Subrogation included on Workers Compensation,REBID -9 9-0-2 0 1 7111 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count District School Board THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y' coo oar ACCORDANCE WITH THE POLICY PROVISIONS. Post Office Box 1788 Key West,FL 33041-1788 AUTHORIZED REPRESENTATIVE. ACORD 25(2016103) G 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.440 C.11.c DIONENT-03 - - L .E CERTIFICATEEE(MMIDDNYYYI 0/13/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s PRODUCER CONTACT tdlr> Morris and Reyynolds Insurance PHONE FAx - 14821 S Dixie Hwry AfC Na Ext) 3n }23 100ff _ ..._......._ FAX MAIL Miami,FL 33176 _....._.._. INSURER(S)AFFORDING COVERAGE ._ .NAIL# - ----- INSURERA:GuideOne„In ur ce r.,C rr; 1503 INSURED INSURER B.LI.9�}7 y DO NOT USE_ .-- -........ 1 842 Dion Enterprises LLC, Dion Fuels LLC,Dion Transport ..muRg '_ rid efleid Casualty Ins Co. _._.1.0331151 Post Office Box 1209 I INSURER D Key West,FL 33041 _ INSURER E j INSURER F:. COVERAGES CERTIFICATE NUMBER: —_.__. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD � INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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 IItiSFZ _...,......__ .. ......, ...,,___.. ...__--ADDLS4I R ry POLICYEFF-r POLICY EXP X .,......_....._.._. TYPE OF INSURANCE POLICY NUMBER "IM I M DDNYYY M LYY 1D = LIMITS .® A X COMMERCIAL GENERAL LIABILITY .- 1,IQQ QQQ __ EACH OCCURRENCE _ 5 ¢' CLAIMS MADE ' oOcuR 62P100724-01 21812021 2161202 ®AMAOF TO RENTED 10Q 000 PREMISE; Ea=ulrence APPROVED BY RISK MANAGEMENT0 MELD EXP An one person) 5 Q ,... PERSONAL&ADV INJURY s, 1 Q , QQ y _ /$ 2,000,000 GEN`LAOt",REGATELIMITAPPrIESPER, ( DATE 1/ 1��2z CENERAi AGGREGATE 5 Qy ElPOLICY E--..' jpRei LE LOC. RCDuc_Ts C��PrcFAGG S 2,000,000 :5 OTHER. -.1. .. wAv�RNrA .Yes..®. LIQUOR I_IAB � 1,000,000. A AUTOMOBILE LIABILITY CO flaccid D SINGLE LIMIT 1,000,000 tV it ANY AUTO X 1 2P100724-WW1 218/2021 21812022 1 r . OWNED SCHEDULEC7 i a BODILY iN,JURY(Par,ry ersanl _ .._... CV AUTOS ONLY AUTOS Bo[7ILY INJURY HIRED ( NON-OWNED I PROPERTY DAM ...._ � AUTOS ONLY AUTOS ONLY � I I '.._(Par aacldent,i� .y..._ S - — � $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S .5'000 QQQ , EExcEssLlAs CI AIMSIvfADE' 21RENA2IQQQSS-30003903 21812021 2l8P2022 AGGREGATE EaQQ'QvpQO I DED RETENTIONS 0 S WORKERS COMPENSATION PER GT AND EMPLOYERS"UABILITY ( _ _I__5J1A1!JT.E _ RH ANY PE:RIMEETOR EXCLUDED? 19642371 218/2021 2/812022 1,000,000 E ANY PERIM EMBER1PXCLUDEIEX.ECLITIVE YNN' N I A I _ E.L.EACH ACCIDENT 5 (Mandatary In NH) 1,000,000 E.L.DISEASE-EA EMPLOYEE!, ICES DESCRIPTION eunler E.L. POLICY LIMIT 1,000,000 DDESCRIPTIONcaF OPERATIONS below I � I I DESCRIPTION OP OPERATIONS I LOCATIONS t VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required Petroleum Distributor-State of Florida MCS 90*Monroe County BOCG,its employees and officials included as Additional Insured with regards to General/Auto Liability with respects to operations of client only. Waiver of Subrogation included on Workers Compensation,REBID# Pollution Liability-Broadened Coverage-Business Auto and Motor Carrier Coverage applies subject to a$1,000,000 limit. CERTIFICATE HOLDER .� _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 — - AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) C 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. "l C.11.c IONENT-03 KLEE DATE(MMJDDIYYYY) CERTIFICATE LIABILITYINSURANCE, -I 10/1312021 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 IN U'RER( ),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: It 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 rights to the certificate holder in lieu of such endorsement s PRODUCER CONTACT Morris and Re Cy Insurance _. . ..,.. - FAx _ ....._ yyNAME-- - — 14821 S Dixie Cy ;ArC No,ExU:(305)238.1000 _..... ( (AIC,Igo �l Miami,FL 33176 A MRIL ADOR�sS; _ t ..._. INSURER(S)AFFORDING,COVERAGE _..._. NAIC d Ir�suraF A uideOne Insurance Comp a fsy � __J1.J15032 INSURED INSURER 8:Lloyds-DO-N NOT USE 115642 Dion Enterprises LLC,Dion Fuels LLC,Dion Transport LLC INSURER c_ rldgefield Oa p Itv Ins Co. 110335 Post Office Box 1209 INSURER DD Key West,FL 33041 ItasuReR E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD � INDICATED NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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 _. fNSR. ADDL�tih�l POLICY EF� PoucY ExP I TYPE OF INSURANCE. I ! POLICY NUMBER 1MMIDpbryhrfjMwDDtYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY j 1,0'.00,000 RCN OCOURRENCE d-' CLAIMS MADE OCCUR i I DA>IAOE ra RENTED _. u 100,001 ' 62R100T24 01 2f812021 21812022 PREMIX c r ncsl r ........ ..__ I MED EXP Airy one person) S � 5= ..._._ _ ..r .,�_......... I PERSONAL B.ADV INJURY 1,000,000, .. GEN':I..AGGREGATE LIMIT JECT APPLIES PER ' i C'ENERAL AGGREGATE _ .� 2,000,000' — f 2,000,000 ..._._..� POLICY ( LCaC PRODUCTS COMPPOp AGU a _ _ OTHER: �..... ILIGUOR LIAR 1,000,0 00 -_A AUTOMOBILE.LIABILITY ; COMBINE[)SINGLE LIMIT 1,000,000 CV accident) I ANY AUTO X 621D100724-01 21812021 i 2181 022 BODILY INJURY(Per parson) !_s cV OWNED I SCHEDULED I °AUTOS ONLY I AUTOS BODILY INJURY Per accident...S. „----- 2 HIRED = N�ryN-r��NNEp P CIPERTY DArvtAGE - Aur05 ONLY ATt75 C NLY Per accident $ .�.�}_........ ..e - - —.--.,.,._.. I $ UMBRELLA.LIAR 9 �OCCUR ( . EACH OCCURRENCE S 5,000,000 _. ... Icai s-MAD EXCESSLIA8 _ 5 , , I AGGREGATE Ca DE.C7 I 1ETEN1I0N 5 0 =AND EMMPLOYERPS'LIABILIITa` r t N '... _. ... �I„S7A7UTE..,_, p He OFFICERRIMEM3BER EXCLUDED�EcuTivB 1 N r A 15642371 2d612021 21812022 F L DISEASE Ea EMPt Y_ l s 106,066 (Mandate in NH) 1,000 000, If yyes,descnt>e under DESCRIPT]ON OF OPERATIONS below E E.L.DISEASE-POLICY LIMIT I $ 1,000 000 I i I et I DESCRIPTION OF OPERATIONS/LOCATIONS J VEHICLES (ACORD 101,Additional Remarks Schedule..,may be attachad rf mare space Is.required)Petroleum Distributor-State of Florida MCS 90*Monroe County BOCC,its employees and officials included as Additional Insured with regards to General/Auto Liability with respects to operations of client only. Waiver of Subrogation included on Workers Compensation,RE:BIDf1-99-0.2017111 Pollution Liability-Broadened Coverage-Business Auto and Motor Carrier Coverage applies subject to a$1,000,000 limit. CERTIFICATE HOLDER CANCELLATION' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count BOCC THE. EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance PO Box 10005-FX - Duluth,GA 30096 AUTHORIZED REPRESENTATIVE I --z - ACORD 25(2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered rnarks of ACORD Packet Pg.442 C.11.d I 7 3 KLFF DATE I 164� CERTIFICATE OF LIABILITY INSURANCE I 216=20 IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTSUPON E CERTIFICATE HOLDER.THIS CERTIFICATE OT AFFIRMATIVELY OR NEGATIVELY AMEND, D OR ALTER THE COVERAGE AFFORDEDY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE 13 T CONSTITUTE CT BETWEEN THE ISSUING i SU S),AUTHORIZED REPRESENTATIVE OR PRODUCER, CER71FICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an Endorsement. statement n is certificate does not confer rl to the certificate holder in lieu of such n o Ent s PRODUCER CT erns&Reynolds Inc. E FAX 14021 out Dixie Highway No 3 .1 Aac No. 3 5. Miami, 33176 INSU F O G C E GE C d WSll A• u[ n ui I rs N nCe C® a 1 2 INSURED INSU B:Lloyd's fLondon Dion Enterprises LLC,Dion Fuels LLC,Dion Transport LLC ii! c: eflald Casualty Insurance Company J0335 Post Office Box120 Key Weak FL 33041 INSU E. WSU a F: C _G I TIFICATE NLIM E.&- ._-_-- �.. Y M11 !S 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 CONDMON OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS � CERTIFICATE Y 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 Y BEEN REDUCED Y PAID CLAIMS c InaaR - a _ .._ _ _... .. _. 01d_ m . ,e .� _. E S CE , P Y UMBER ILIMffS _ .. A X I COMMERCIALGEN LUASIUTY i �..__" 11000,000 U CLAIMS41Ar9E �{ occuR fi2P1a072i-00 2fOt2020 21Sr2021 3 rCREr Eea 100,000 �y APB Y RISK 1WW ra P r2f i pCD LA R gATEUMITAP: 7ESPER ......... ,. .... ' ' CV 1 660 ILiMtr LTah_ # .__..___ 2 DDO 50 L i]A�E (, w r 2.000,00-0 ?9 i� � y P.r 1,001},000 Ti YM CV A {AUTOMOBILE LIARIUTY _ ' •COMENNED WNGLE LIMIT 1.000,000' S FEl.AI a, _. S .N ANY AUTO 62P10072 0 2f012020 � 2JB12021 O Etl SC LEI] �. AU T LY I A @@v IN1t6r S X M �(' ❑❑ i DER ..._. AiFfDS dLY t? V I iP6r s� 2. i ..... > I UNOCCURDIMLIALIAB000 7p,...�.. _,..... .I 0 4a . k EXCESS UAB j cLA 2020 221 6.0001000 ?Ot �O RETENtIDFi 4 0, S RS C R L FPX Y 1 N ANY jPREET@FPddEXEC4TINE 2312020 21812021 1e000 00 J E€CLUDED7 NIA __ .�. 0 =1EM E u.. e � f�aPc ,Yf .1 1,000,000 lPfoz 4wI4�rli "L�ri r� pp 1, „ u. LA Y IDS 6 L F ; s r O ,+ DESCRIPTIONOPERATIONS I LOCATIONS 1 VEHICLES JACOfM 161.AddWoul Rarmrks Schsd y be attachad 0 mve space Is nqul dl Petroleum Distributor-State of Florida MCS 'Monroe County Board of County Commissioners,Us empl e s and officials Included Additional Insured 'with regards to Gina llAuto Liability trespects to operations of client only. Waiver of Subrogation Included on Workers Compensation. 9 2017l11 CERTIFICATE HQLQF.R FTHE SHOULD A OF E ABOVE I E CANCELLEDFOR on County Oa of County Commissioners FXPIRATM ERE O LL DELIVERED IN 1100 Simonton S t C DANCE VIITH E t3 POLICY PROVISIONS. Key West, L 33040 AREPRE.&ENTATIVE i ACORD 25(201 0 ) 0 1 -216 ACORD CORPORATION. All rights reserved. The ACORD name and too are registereda of ACORD Packet iPg.443