Item K2
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
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
May 18, 2022
Agenda Item Number: K.2
Agenda Item Summary #10520
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
N/A
AGENDA ITEM WORDING: Approval to waive bid irregularity and award bid and contract to
GOC, Inc. d/b/a Island Fence for Perimeter Fence Maintenance, Repair & Modification at the Key
West International Airport; to be paid from FDOT Grants (50%) and/or Airport Operating Fund 404
ITEM BACKGROUND: The County held a bid opening on April 21, 2022, following the issuance
of a notice of competitive solicitation for perimeter fence maintenance, repair & modification at
KWIA. GOC, Inc. d/b/a Island Fence was the only bidder. The bid irregularity was that the owner
of Island Fence signed the insurance agent statement form rather than their insurance agent. Island
Fence has held the EYW fence contract since 2016, and all required insurance is currently on file.
PREVIOUS RELEVANT BOCC ACTION: Approval to advertise for bids for perimeter fence
maintenance, repair & modification on March 16, 2022.
CONTRACT/AGREEMENT CHANGES:
New two year contract with three (3) one-year renewal options.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Bid Tabulation Sheet pdf
Island Fence contract - May 2022
FINANCIAL IMPACT:
Effective Date: 05/18/2022
Expiration Date: 05/17/2024
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Total Dollar Value of Contract: Lead crewman $32.00/hr., helper $27.00/hr. and cost of materials
plus 10% markup (not to exceed $300,000/year).
Total Cost to County: 0.00
Current Year Portion:
Budgeted: Yes
Source of Funds: FDOT grants and/or Airport Operating Fund 404
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details:
05/18/22 404-63001 · KEY WEST AIRPORT O & M $150,000.00
REVIEWED BY:
Beth Leto Completed 04/22/2022 12:34 PM
Richard Strickland Completed 04/22/2022 3:40 PM
Pedro Mercado Completed 04/22/2022 4:00 PM
Purchasing Completed 04/28/2022 9:45 AM
Budget and Finance Completed 05/02/2022 10:07 AM
Brian Bradley Completed 05/02/2022 10:26 AM
Lindsey Ballard Completed 05/02/2022 11:20 AM
Board of County Commissioners Pending 05/18/2022 9:00 AM
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5
-
Replacement
e
Parts:
Fence Installer/Helper
BID AMOUNT
Supplies and
meals or lodging
including holidays:
-
Overtime rates for hours other
Friday excluding holidays:
-
-
Normal working hours 8
-
Materials
Labor
No additional costs for travel, mileage,
abor
than normal working hours stated above
LMonday
3)
2)
4)
1)Bid Price: $32 per hour, Fence Installer/Lead CrewmanBid Price: $27 per hour, FencInstaller/HelperBid Price: Manufacturers Invoice plus 10%
Bid Price: $32 per hour, Fence Installer/Lead CrewmanBid Price: $27 per hour,
AT 3:00 PM
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2
, 20
BUDGET AND FINANCE TABULATION SHEET
APRIL 21
PURCHASING DEPARTMENT
MONROE COUNTY, FLORIDA
FENCE MAINTENANCE REPAIR & MODIFICATION
OPEN DATE:
N/A
:
PERIMETER
N/A
RESPONDENT
Island Fence
:
TITLE:
Bid Committee PresentMembers of the Public Present
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.
correct copy of said bid opening and that all bidders listed above have been checked against the
sing Coordinator
I hereby certify that this is a true and State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specifiedBid Opened By: Lisa
Abreu, Purcha
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AGREEMENT
PERIMETER FENCE MAINTENANCE, REPAIR & MODIFICATION
KEY WEST INTERATIONAL AIRPORT
th
This Agreement is made and entered into this 18day of May, 2022, between MONROE COUNTY,
FLORIDA (“COUNTY”), a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040, and G.O.C., Inc., d/b/a Island Fence(“CONTRACTOR”), a Florida
th
corporation, whose address is 1109 17Terrace, Key West, Florida.
WHEREAS, COUNTY desires to have a service provider on call and available to perform
emergency and non-emergency perimeter fence maintenance, repairs &modifications at Key West
International Airport;and
WHEREAS,CONTRACTOR desires and is able to provideemergency and non-emergency
perimeter fence maintenance, repairs & modifications at Key West International Airport; and
WHEREAS, it serves the best interests of the public to maintain a secure perimeter at Key West
International Airport, now therefore,
IN CONSIDERATIONof the mutual promises and covenants contained herein, it is agreed as
follows:
1.THE AGREEMENT
The Agreement consists of this document, the bid documents, exhibits, and any addenda to the bid
documents.
2.SCOPE OF THE WORK
A.Routine repairs,modifications and requested maintenance of all perimeter fencing at Key
West International Airport.
B.Emergency repairs and/or modifications of perimeter fencing at Key West International
Airport. The CONTRACTOR shall be available 24 hours per day, 365 days per year. The CONTRACTOR
shall be at the site of a required fence repair/modification within three (3) hours of verbal or written
notification by the COUNTY. The CONTRACTOR shall provide an after-hours contact person and phone
number. The COUNTY, upon award of the contract, shall provide a contact person and phone number for
building and equipment access.
C.The CONTRACTOR shall have access to a supply of all parts and materials normally
necessary for the emergency repairs and/or modifications of perimeter fencing at Key West International
Airport so that such emergency repairs and/or modifications will be completed within 48 hours of
notification by the COUNTY.
D.The COUNTY shall reimburse the CONTRACTOR for the Manufacturer’s invoice cost of
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all parts and materials (except freight, tax, services supplied by others and equipment rental), plus
percentage indicated in section 3D. below, that isused in the maintenance, repairor modificationof
perimeter fencing at Key West International Airport. Manufacturer’s invoice must accompany all requests
for payment. All parts and materials shallbe of equal or greater quality as compared to existing parts and
materials in use.
E.On all orders that require shipping or transportation of parts or materials whether the part is
under warranty or not, freight invoices must accompany requests for payment.
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3.PAYMENTS TO CONTRACTOR
A.COUNTY’S performance and obligation to pay under this agreement, is contingent upon
annual appropriation by the Board of County Commissioners.
B.COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act;
payment will be made after delivery and inspection by COUNTY and upon submission of invoice by
CONTRACTOR.
C.CONTRACTOR shall submit to COUNTY invoices with supporting documentation
acceptable to the Clerk, at completion of the work/repair by the CONTRACTOR and approval by an
appropriate COUNTY representative. Acceptability to the Clerk is based on generally accepted accounting
principles and such laws, rules and regulations as may govern the Clerk’s disbursal of funds.
D.COUNTY shall pay the actual cost of parts and materials, excluding freight, equipment
rental, tax amounts, and services supplied by others purchased from the manufacturer plus
% to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, equipment rental
amounts and services supplied by others shall be reimbursed for amounts charged. A manufacturer’s
invoice must accompany all requests for payment. Freight invoices must accompany all orders that require
shipping or transportation of parts whether the part is under warranty or not.
E.The cost of labor used by the contractor to fulfill the obligation of the Contract will be
calculated using the unit prices set forth in the Contractor’s bid as follows:
Labor – Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding
holidays:
$32.00 per hour, fence installer/lead crewman
$27.00 per hour, fence Installer/helper
Overtime rate for hours other than the normal working hours as stated above,
including holidays:
$32.00 per hour, fence installer/lead crewman
$27.00 per hour, fence Installer/helper
Such costs must be documented for each maintenance,repair and/or modification job and included with all
Applications for Payment.Total payments to contractor shall not exceed $300,000 per year.
Contractor shall submit with all invoices the Application for Payment form attached.
There are no additional costs for travel, mileage, meals, or lodging.
4.TERM OF AGREEMENT
This Agreement shall commence on May 18, 2022and ends upon May 17, 2024unless terminated
earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional three (3) one
year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given
at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references
to the “term” of this Agreement shall mean the initial term of one (1) year.
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The Contract amount may be adjusted annually in accordance with the percentage change in the
U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the
U.S. Bureau of Labor Statistics at December 31 of the previous calendar year using the most recently
published indicator.
5.ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses shall be submitted to the COUNTY upon execution of this Agreement.
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6.FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied.
Records shall be retained for a period of seven years from the termination of this agreement or for a period
of five years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is
greater.Each party to this Agreement or their authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records purposes during the term of
the Agreement and for seven years following the termination of this Agreementor for a period of
years from the submission of the final expenditure report. If an auditor employed by the COUNTY or Clerk
determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR.
7.PUBLIC ACCESS
Public Records Compliance. Contractor must comply with Florida public records laws, including but not
limited to Chapter 119, Florida Statutes andSection 24 of article I of the Constitution of Florida. The County
and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters or other “public record” materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall have the right to
unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor
to abide by the terms of this provision shall be deemed a material breach of this contract and the County
may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party,
be entitled to reimbursement of all attorney’s fees and costs associated with that proceeding. This provision
shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to
comply with this provision.
Pursuant to 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 be required by the County to perform the service.
(2) Upon receipt from the County’s custodian of records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that does
not exceed the cost provided in this chapter or as otherwise provided by law.
(3)Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to the County.
(4)Upon completion of the contract, transfer, at no cost, to the County all public records in possession of
the Contractor or keep and maintain public records that would be required by the County to perform the
service. If the Contractor transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public records upon completion of
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the contract, the Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the County’s custodian of records,
in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made directly to the
County, but if the County does not possess the requested records, the County shall immediately notify the
Contractor of the request, and the Contractor must provide the records to the County or allow the records
to be inspected or copied within a reasonable time.
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If the Contractor does not comply with the County’s request for records, the County shall enforce the public
records contract provisions in accordance with the contract, notwithstanding the County’s option and right
to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who
fails to provide the public records to the County or pursuant to a valid public records request within a
reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records
unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY’S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
8.HOLD HARMLESS AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
Contractor shall defend, indemnify and hold the COUNTY and the COUNTY’s elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of
injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses
that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub-contractors
or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of
CONTRACTOR or any of its employees, agents, sub-contractors or other invitees, or (C) CONTRACTOR's
default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except
to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligentacts or omissions of the COUNTY or any of its employees, agents, contractors
or invitees (other than CONTRACTOR).Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of this
AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier
termination of this AGREEMENT.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of
this section shall be cause for immediate termination of this agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of
Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYER’S LIABILTIY INSURANCE. Where applicable,
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coverage to apply for all employees at minimum statutory limits as required by Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability
insurance, including applicable no-fault coverage, with limits of liability of not less than $100,000.00per
occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage
shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of
not less than $300,000.00per occurrence combined single limit for Bodily Injury Liability and Property
Damage Liability.
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CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY
at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate
shall be endorsed with a provision that not less than thirty (30) calendar days’ written notice shall be
provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such
insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator,
the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER’S COMPENSATION.
9.NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and
CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage,
self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver
of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be
required to contain any provision for waiver.
10.INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent contractor
and not an employee of the Board of County Commissioners of Monroe County. No statement contained
in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subcontractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe County.
11.NONDISCRIMINATION
The parties agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any party, effective the
date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII
of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis
of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
§§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
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drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination
in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 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.
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12.ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to others,
except in writing and with the prior written approval of the Board of County Commissioners of Monroe
County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless
expressly provided for therein, such approval shall in no manner or event be deemed to impose any
additional obligation upon the board.
13.COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws
of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the
provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all
laws includes, but is not limited to, the immigration laws of the Federal and State government. Any
violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper
licenses to perform work in accordance with these specifications throughout the term of this Agreement.
14.DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have no interest
and shall acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes.
COUNTY agrees that officers and employees of the COUNTYrecognize and will be required to comply
with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida
Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one’s agency;
unauthorized compensation; misuse of public position, conflicting employment or contractual relationship;
and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall
notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which
the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance,
evaluation, or treatment. This provision shall apply whetheror not such program is required by statute, as
a condition of probation, or is provided on a voluntary basis.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit or secure
this Agreement and that it has not paid or agreed 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 from the award or making of this Agreement. For the breach or
violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the
full amount of such fee, commission, percentage, gift, or consideration.
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15.NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY’S credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further
warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the
terms of this contract.
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16.NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY: FOR CONTRACTOR:
Richard Strickland, Director of Airports Daniel Galvin
Key West International AirportIsland Fence
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3491 South Roosevelt Blvd. 1109 17Terrace
Key West, Fl. 33040 Key West, FL 33040
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
17.TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not
be exempted by virtue of the COUNTY’S exemption from paying sales tax to its suppliers for materials
used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY’S
Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
18.TERMINATION
A.Termination for Convenience: Either of the parties hereto may cancel this agreement
without cause by giving the other party sixty (60) days written notice of its intention to do so. If the County
terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor
under this agreement prior to termination, unless the cost of completion to the County exceeds the funds
remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in
this Agreement. In addition, the County reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the right to pursue a claim for
violation of the County’s False Claims Ordinance, located at Section 2-721 et al. of the Monroe County
Code.
B.Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this agreement for
cause with Contractor should Contractor County fail to perform the covenants herein contained at the time
and in the manner herein provided. In the event of such termination, prior to termination, the County shall
provide Contractor with five (5) calendar days’ notice and provide the Contractor with an opportunity to
cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due to
the Contractor under this agreement prior to termination, unless the cost of completion to the County
exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an
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offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event
exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of contract and including the right
to pursue a claim for violation of the County’s False Claims Ordinance, located at Section 2-721 et al. of
the Monroe CountyCode. In the event that the Contractor shall be found to be negligent in any aspect of
service, the County shall have the right to terminate this agreement after five (5) days written notification
to the Contractor.
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19.GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to Agreements 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 CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
20.MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
21.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 by 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 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 CONTRACTOR agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
22.ATTORNEY’S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and attorney’s fees, in
appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket
expenses whether it is the prevailing party ornot, through all levels of the court system.
23.ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall
be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek
such relief or remedy as may be provided by this Agreement or by Florida law.
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24.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 CONTRACTOR agree to
participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and
other activities related to the substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
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25.BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and
assigns.
26.AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law.
27.CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each party prior to submission.
28.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 to the 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.
29.LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of actual and
timely performance thereof by any participating entity, in which case the 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.
30.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 CONTRACTOR agree that neither the COUNTY nor
the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel,
or otherwise indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community
in general or for the purposes contemplated in this Agreement.
31.ATTESTATIONS
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CONTRACTOR 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.
32.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, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
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33.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.
34.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.
35.PUBLIC ENTITY CRIME INFORMATION 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 a public entity, may not be awarded or
perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list."
36.MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore; this agreement
is not to be construed against either party on the basis of authorship.
37.INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documentsand addendaare incorporated by reference in this
contract agreement.
38.ANNUAL APPROPRIATION
The County’s performance and obligation to pay under this agreement is contingent upon an annual
appropriation by the Board of County Commissioners. In the event that the County funds on which this
Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further
obligation under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
39.FEDERAL AND STATE CONTRACT REQUIREMENTS (as applicable)
Provisions Required by Federal Law, 2 CFR part 200.
A. Equal Employment Opportunity, No Discrimination Provisions:
Contractor and County agree that there will be no discrimination against any person, and it is expressly
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understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any party, effective the
date of the court order. Contractor or County agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
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discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions
in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal Employment
Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by
Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity,
and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as
follows:
1)The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of this nondiscrimination clause.
2)The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3)The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of
an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or
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is consistent with the contractor's legal duty to furnish information.
4)The contractor will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the
agency contracting officer, advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
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5)The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6)The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the contracting agency and the
Secretary of Laborfor purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
7)In the event of the contractor's non-compliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated
or suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
8)The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such provisions, including sanctions
for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the
contractor may request the United States to enter into such litigation to protect the interests of the United
States.
B. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation,
which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program
and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing
wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. If applicable, the County must place a current prevailing
wage determination issued by the Department of Labor in each solicitation. The decision to award a contract
or subcontract must be conditioned upon the acceptance of the wage determination. The County must report
all suspected or reported violations to the Federal awarding agency. When required by Federal program
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legislation, which includes emergency Management Preparedness Grant Program, Homeland Security
Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security
Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative
agreement programs, including the Public Assistance Program), the contractors must also comply with the
Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations
(29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or
in Part by Loans or Grants from the United States”). As required by the Act, each contractor or subrecipient
is prohibited from inducing, by any means, any person employed in the construction, completion, or repair
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of public work, to give up any part of the compensation to which he or she is otherwise entitled. The
COUNTY must report all suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause
above and such other clauses as the FEMA mayby appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower tier subcontractor withall of these
contract clauses.
(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.
C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which
includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in
excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.
§3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a
standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
D. Rights to Inventions Made Under a Contract or Agreement.If the Federal award meets the definition of
“funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that “funding
agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
E. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuantto
the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental
Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess
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of $150,000.
F. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220)
must not be made to parties listed on the governmentwide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3
CFR part 1986 Comp., p. 189) and 12689 (3CFR part 1989 Comp., p. 235), “Debarment and Suspension.”
SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
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G. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award.
H. Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.Contractor must
comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of
the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
Other Federal Requirements:
I. Americans with Disabilities Act of 1990, as amended (ADA).The Contractor will comply with all the
requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the
assurance by the Contractor pursuant thereto.
J. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that
DBE’s, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the
performance of contracts financed in whole or in part with County funds under this Agreement. The DBE
requirements of applicable federal and state laws and regulations apply to this Agreement. The County and
its Contractor agree to ensure that DBE’s have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and
regulations to ensure that the DBE’s have the opportunity to compete for and perform contracts. The County
and the Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or
sex in the award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S
BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a.If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract
goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following
affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area
firms are used whenever possible.
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b.Affirmative steps must include:
(1)Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2)Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(3)Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
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(4)Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5)Usingthe services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department of Commerce.
(6)Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative
steps listed in paragraph (1) through (5) of this section.
K. E-Verify.The Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the term of the
Contract and shall expressly require any subcontractors performing work or providing services pursuant to
the Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the Contract term.
L. Access to Records. Contractor and their successors, transferees, assignees, and subcontractors
acknowledge and agree to comply with applicable provisions governing the Department of Homeland
Security (DHS) and the Federal Emergency Management Agency’s (FEMA) access to records, accounts,
documents, information, facilities, and staff. Contractors must; 1. Cooperate with any compliance review
or complaint investigation conducted by DHS, 2. Give DHS access to and the right to examine and copy
records, accounts, and other documents and sources of information related to the grant and permit access to
facilities, personnel, and other individuals and information as may be necessary, as required by DHS
regulations and other applicable laws or program guidance, 3. Submit timely, complete, and accurate reports
to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.
M. DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland Security seal(s),
logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval.
N. Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or
modification, change order, or constructive change of the agreement must be within the scope of any Federal
grant or cooperative agreement that may fund this Project and be reasonable for the completion of the
Project. Any contract change or modification, change order or constructive change must be approved in
writing by both the COUNTY and Contractor.
O. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that
FEMA financial assistance may be used to fund the contract. The contractor will comply will all applicable
federal law, regulations, executive orders, FEMA policies, procedures, and directives.
P. No Obligation by Federal Government.The Federal Government is not a party to this contract and is
not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other
party pertaining to any matter resulting from the contract.
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Q. Program Fraud and False or Fraudulent Statements or Related Acts.If applicable, the contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies
to the contractor's actions pertaining to this contract.
R. Florida Division of Emergency Management Requirements:
The Contractor is bound by any terms and conditions of the Federally-Funded Sub award and Grant
Agreement between County and the Florida Division of Emergency Management. The Contractor shall
hold the Division and County harmless against all claims of whatever nature arising out of the Contractor’s
performance of work under this Agreement, to the extent allowed and required by law.
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S. Scrutinized Businesses:
For Contracts of any amount, if the County determines that the Contractor has submitted a false certification
under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott
Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the
Agreement after it has given the Contractor written notice and an opportunity to demonstrate the agency’s
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2)
maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.
T. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in
2 CFR § 200.216.Recipients and subrecipients and their contractors and subcontractors may not obligate
or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain;
or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232, section
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.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity
that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director
of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
U. Domestic preference for procurements as set forth in 2 CFR §200.322.The COUNTY and
CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). These requirements of this section must be
included in all subawards including contracts and purchase orders for work or products under federal award.
For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States. (2)
“Manufactured products” means items and construction materials composed in whole or in part of non-
ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
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y
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EBUF!)NN0EE0ZZZZ*
L/3/c
DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF
02/14/2022
UIJTDFSUJGJDBUFJTJTTVFEBTBNBUUFSPGJOGPSNBUJPOPOMZBOEDPOGFSTOPSJHIUTVQPOUIFDFSUJGJDBUF
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QSPEVDFS
DPOUBDU!OBNF;
PAYCHEX INSURANCE AGENCY INC
QIPOFGBY
(877) 266-6850(585) 389-7894
76210705
)B0D-!Op*;
)B0D-!Op-!Fyu*;
150 SAWGRASS DRIVE
F.NBJM!BEESFTT;
ROCHESTERNY14620
JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD$
29459
JOTVSFS!B!; Twin City Fire Insurance Company
JOTVSFE
JOTVSFS!C!;
GOC INC D/B/A ISLAND LANDSCAPING AND D/B/A
JOTVSFS!D!;
ISLAND FENCE
JOTVSFS!E!;
5020 5TH AVE UNIT 7
JOTVSFS!F!;
KEY WESTFL33040-5723
JOTVSFS!G!;
DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS;
THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD
INDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS
CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
JOTSBEEMTVCSQPMJDZ!FGGQPMJDZ!FYQ
QPMJDZ!OVNCFS
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MUSJOTSXWE)NN0EE0ZZZZ*)NN0EE0Z!ZZZ*
EACH OCCURRENCE
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
CLAIMS-MADEOCCUR
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO-
LOC
POLICY
PRODUCTS - COMP/OP AGG
JECT
OTHER:
COMBINED SINGLE LIMIT
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(Ea accident)
ANY AUTO
BODILY INJURY (Per person)
ALL OWNEDSCHEDULED
BODILY INJURY (Per accident)
AUTOSAUTOS
13029033
HIREDNON-OWNEDPROPERTY DAMAGE
y
AUTOSAUTOS(Per accident)
OCCUR
EACH OCCURRENCE
VNCSFMMB!MJBC
CLAIMS-
FYDFTT!MJBC
AGGREGATE
MADE
DED
RETENTION$
XPSLFST!DPNQFOTBUJPO PEROTH-
X
BOE!FNQMPZFST(!MJBCJMJUZ STATUTE
ER
ANY
Z0O
E.L. EACH ACCIDENT$100,000
PROPRIETOR/PARTNER/EXECUTIVE
O0!B
76 WEG KO549802/11/202202/11/2023
A
$100,000
E.L. DISEASE -EA EMPLOYEE
OFFICER/MEMBER EXCLUDED?
)Nboebupsz!jo!OI*
E.L. DISEASE - POLICY LIMIT
If yes, describe under$500,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe*
Those usual to the Insured's Operations.
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Monroe County BOCC
CFGPSFUIFFYQJSBUJPOEBUFUIFSFPG-OPUJDFXJMMCFEFMJWFSFE
1100 SIMONTON ST
JO!BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/
KEY WEST FL 33040-3110
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ª!2:99.3126!BDPSE!DPSQPSBUJPO/!Bmm!sjhiut!sftfswfe/
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Qbdlfu!Qh/!2:48