1st Renewal 09/21/2022 oUR}a
®u ;t
Kevin Madok, cpA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: ()(-tol)cr 14, 2022
TO: Jell'NImining, Sr. Plminer
Emergency N11miagerrient
FROM: Pmucla G I Imico4i—C.
SUBJECT: September 21" B()CC Nlcctliig
Attaclicd is mi electronic copy oftlic following 11cm for your liandling:
C 13 1 st Renc%val of'Staridby Agreement for Imiergency Feeding Services willi 1kari
Culinan- Services 1,11C (1/b/a Deliver 1,cmi, I*or one year.
Sliould you liavc miN-questions please feel free to contact nie at (305) 292-3550.
CC: Comity Attonicy
F111MICe
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 3300 Marathon, Florida 33050 Plantation Key, Florida 33070
MONROE COUNTY
FIRST RENEWAL OF CONTRACT FOR STANDBY
EMERGENCY FEEDING SERVICES
FIRST RENEWAL OF STANDBY AGREEMENT FOR
EMERGENCY FOOD SERVICES
THIS FIRST RENEWAL AGREEMENT ("Agreement"), is made and
entered into as of this 19t"day of October, 2022 ("Effective Date")
by and between Lean Culinary Services LLC d/b/a DeliverLean,
2050 McKinley Street, Bay 2, Hollywood, FL 33020 (hereinafter
referred to as "Contractor") and Monroe County Board of County
Commissioners (BOCC), hereinafter referred to as "County"
(collectively, "Parties") in accordance with the terms and
conditions of the original agreement executed October 20, 2020,
and set to expire October 20, 2022.
WHEREAS, in the event of an emergency or major disaster,
including but not limited to storms, natural and man-made disasters,
acts of terrorism or other declared State of Emergency, the County
will need to provide feeding services for its emergency workers,
including Monroe County employees and other authorized personnel
when in the County performing essential work in order to be able to
provide County services and to support response and recovery
efforts, and
WHEREAS, these emergency workers will be working throughout
Monroe County and in or near the County Emergency Operations
Center in Marathon, Florida, and therefore feeding services are
expected to be required throughout Monroe County in order to
restore and provide County services and provide the necessary
response and recovery services; and
WHEREAS, Contractor is located in Hollywood, Florida and is willing
and ableto provide feeding services during future emergencies or major
disasters, should the County need feeding services for its emergency
workers in the event of an emergency or major disaster;
WHEREAS, Contractor and County entered into an agreement for the
provision of emergency feeding services for a period of two years
which expires October 20, 2022;
NOW THEREFORE, in consideration of the mutual promises and
covenants contained herein, the Parties hereby agree as follows-
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1.0 Description ofGoods/Services.
This Agreement consists of this document, including all exhibits and attachments.
The intent of this Agreement is to enter into a non-exclusive contract with a
vendor who will provide sufficient food for responders after a hurricane or
other disaster. The term "Responders" will include both people working in
the County's Emergency Operations Center (EOC), wherever the EOC may
be located, as well as other Responders working in the field in locations
away from the EOC.
The services of the Contractor will be activated only after issuance of (a) a local
declaration of emergency by the Mayor, Mayor Pro Tern or Sheriff of Monroe County,
pursuant to Section 11-1 of the Monroe County Code, and (b) a Task Order
signed by one of the following: Monroe County Emergency Management
Director or Monroe County Budget Director. If activated, the Contractor will be
notified via a telephone call to the contact person listed below, followed by a text
message ore•mail to confirm the activation. The County will make every
attempt to notify the Vendor that the Task Order is being issued, at least thirty-
six (36) hours in advance of issuance of the Task Order.
The Contractor shall report to and be supervised by the Food Unit Leader within the
Monroe County Logistics Section operating within the Monroe County Emergency
Operations Center. In the event of activation, the Contractor shall be provided with
name and contact information for the Food Unit Leader at the time of activation.
In the event that services are required, the services provided shall be as follows:
The Contractor will provide feeding services for County employees and for authorized
County contractors/personnel in two groups/phases. The first group will consist of
County emergency workers designated to remain in-County during an incident. The
second group will consist of County employees called back to work in the County to
perform essential work in order to provide County services, including response and
recovery services post-incident.
Feeding services can reasonably be expected to begin one week before an incident
(e.g., up to one week before expected landfall of a hurricane) and will continue for an
indeterminate period of time as needed to perform and provide County Services.
Depending upon the disaster circumstances, the Contractor may be required to stage
equipment at multiple locations. It is expected that meals will be provided at the
County's Emergency Management Operation Center in Marathon, Florida (currently
located within the Marathon Government Center, 2798 Overseas Highway, Marathon
Florida). In addition, additional locations for meal service may be necessary at
different locations in the Keys. Currently, the County envisions that meals would be
staged out of at least two (2) additional locations in the Upper Keys (e.g., Murray
Nelson Building in Key Largo and a fire station in Tavernier) and two (2) additional
locations in the Lower Keys (e.g., fire station 13 on Big Pine Key and fire station 8 on
Stock Island) ("Additional Locations"). All of the Additional Locations have at least
minimal kitchens. If the Additional Locations are activated, the Proposer will be
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responsible for ensuring proper and necessary set-up, relocation, maintenance,
protection and/or removal of such equipment including periodic and final clean-up of
the staging site(s) upon request by the County.
The County will provide the Additional Locations at no charge to the Contractor.
1.1 Each Task Order issued shallspecify:
a) Which meals (breakfast, lunch, dinner and/or midnight snack) the
Contractor will provide (depending on the capability of the Contractor, the
County may split the meals and/or locations amongst multiple
contractors);
b) Locations; and
c) Quantities, per meal and per location.
1.2 The Contractor, as tasked, shall provide appetizing, nutritional,
andwell balanced hot and cold meals for up to four (4)
designated times a day throughout a 24-hour period, as follows:
Breakfast Approx. 8 am each day
Lunch Approx. 11 am — 1 pm each day
Dinner Approx. 5 pm — 7 pm each day
Midnight Snack Approx. 11 pm — 1 am each day
The Contractor may be tasked to serve up to four (4) meals per day,
per employee, seven days a week or for a specific day of the week as
tasked, per the hours of operation until such disaster is deemed
concluded by the Mayor or his designee or the service becomes no
longer necessary.
All provided meals shall include but are not limited to
o Condiments relevant to the mealprovided
o Serving items such as disposable plates, utensils, and napkins
o Selection of beverages that are iced down if required and
cups if necessary
The County would prefer that box ("grab and go") lunches be used
for the lunch meal. Box lunches may also be used for the Midnight
Snack, at the Contractor's preference.
The Contractor shall be responsible for all ingredient purchases,
receipts, storage, issue, handling, processing, packaging,
preparation, staging, and clean up before and after each meal.
1.3 Quantities. The Task Order shall notify the Contractor of the numbers
of meals to be served. As a rough estimate, the County currently
anticipates the following quantities-
3
Meal Location Number
Breakfast Monroe County EOC - pre- storm 75
Breakfast Monroe County EOC - post- storm Up to 400
Breakfast Additional Locations - post- storm Up to 40 per location (4
locations
Lunch Monroe County EOC - pre- storm 75
Lunch Monroe County EOC - post- storm Up to 400
Lunch Additional Locations Up to 40 per location (4
post-storm locations
Dinner Monroe County EOC - pre- storm 75
Dinner Monroe County EOC - post- storm Up to 400
Dinner Additional Locations Up to 40 per location (4
post-storm locations
Midnight snack Monroe County EOC 140
1.4 Personnel/Hygiene: Contractor shall comply with all applicable state
and county health and safety codes related to food preparation. All
areas that the Contractor operates shall be cleaned and sanitized on a
regular basis per standard operating procedures. Contractor shall
provide staff to supervise the daily cleaning and sanitation of the
assigned areas and oversee maintenance of kitchen equipment. All
employees of the Contractor shall be instructed on proper hygiene and
appropriate dress while catering/serving the County. Proposer shall
provide trained and competent culinary experts to manage and
supervise the preparation of all meals. All employees of Contractor that
are involved with food preparation will have food handler's training and
certificate.
1.5 Certifications Required: All contractors must provide proof that the
business entity or individual is authorized to do business in the State
of Florida and Monroe County and must have paid all necessary
business taxes. At time of execution, and again upon activation if
requested, the contractor must provide a copy of a current license
from the State of Florida Department of Business and Professional
Regulation, or other state equivalent.
2.0 Designated Point of Contact: The Contractor and the County will
each provide a Designated Point of Contact and shall provide each
other with all communication methods. The County Point of Contact
will liaise with the Designated Point of Contact for the Contractor, to
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provide a list of feeding needs. Both Designated Points of Contact
will work with each other to resolve any issues thatarise.
3.0 Term. This Agreement is effective from October 19, 2022 through
October 18, 2023("Initial Term"). At the end of the Initial Term this
Agreement may be renewed in writing for additional periods ("Renewal
Terms") of one (1) year each, subject to the mutual agreement of the
parties. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the BOCC.
4.0 Fees, Invoices.
a) All meals will be billed at the following rates:
$12.00 per person (Boxed Breakfast)
$14.00 per person (Boxed Lunch)
$10.00 per person (Green Salad with Protein - steak or salmon option $2)
$17.00 per person (Pre-packaged ready to heat and eat entrees)
$8.00 per person (midnight snack)
b) All Meal Charges will be paid for by the County upon presentation of an
invoice, in accordance with the Florida Local Government Prompt
Payment Act. The invoices may be delivered by mail to:
Monroe County, Office of Management & Budget
1100 Simonton St., Suite 2-213
Key West, FL 33040 Attn: Purchasing
OR e-mailed to-
OMB-Purchasing@MonroeCounty-fl.gov
Subject line to read: EOC Invoice for Procurement Unit
The Contractor shall submit to County invoices with supporting
documentation acceptable to the Clerk. 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. Each
invoice must list the number of meals covered in the invoice, broken down
by type of meal (breakfast, lunch, dinner Midnight Snack), head count per
meal, and dates of service.
c) The County is exempt from sales and use taxes. A copy of the tax
exemption certificate will be provided upon request.
d) Both parties understand that during a storm, the usual services and
amenities available to the Contractor may not be available, including
power and water. The Contractor will use its best efforts to provide the
feeding services and prepare meals that do not require the use of power
when such utility is not available or to prepare for alternative power
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supply.
5.0 Insurance
The Contractor shall provide certificates of insurance showing the following
insurances prior to execution of this Agreement or shall submit and have
approved a request for a waiver of the insurance. The coverages required are:
workers' compensation, in statutory amounts; employer's liability insurance in
the amount of $500,000 per accident/$500,000 bodily injury or bodily injury by
disease, per employee; general liability, in a minimum amount of $500,000
combined single limit; and vehicle liability, in a minimum amount of $300,000
per person, $300,000 per occurrence, $300,000 property damage or $300,000
combined single limit. (At a minimum, vehicle liability must extend to owned,
non-owned, and hired vehicles.)
Monroe County or Monroe County Board of County Commissioners must be
named as an additional insured on the general liability and vehicle liability
policies, only.
6.0 Miscellaneous.
6.1 Assignment. Neither party may assign (voluntarily, by operation of law,
or otherwise) this Agreement (or any rights or obligations contained
herein) without the prior written consent of the other party, whose consent
shall not be unreasonably withheld. Any permitted assignee shall assume
all obligations of its assignor under this Agreement. Any purported
assignment or transfer in violation of this section shall be void. Should
there be a change in ownership or management; the contract shall be
canceled unless a mutual agreement is reached with the new owner or
manager to continue the contract with its present provisions and pricing..
6.2 Entire Agreement. This Agreement is the entire agreement between the
parties. This Agreement supersedes all prior or contemporaneous oral or
written communications, proposals, and representations with respect to
the subject matter covered by this Agreement. The terms and conditions
of this Agreement can only be modified via a written agreement signed by
all parties.
6.3 Counterparts. This Agreement may be executed by the parties in separate
counterparts each of which when so, executed and delivered shall be an
original, but all such counterparts together shall constitute but one and the
same instrument.
6
6ANort Ces Any noboe, communication or payment required under ttus
Age sly be addressed a7s*Aows:
County: Contactor.
Mo woe courih 80CC Lean Culinary Services.LLC
1100 Sioonton Scree! dba Wivwban
Key Wiest. FL 33040 AM: Scott Harris
Aft Ronan Gasbsk
Count A&vi*talon
.5 Federal and State Required,Public Records, and Scrutinized Business
Contact Causes The clauses'sxArded in Apperift B are hereby
mcn�cra�d in this Aommed
WHEREOF,the parties have caused this Agreement to be execarlod the
below.
BOARD OF COUNTY COMMISSIONERS
MADOlC Cleric OF MONRC)E COUNTY, FLORIDA
By: r By.
'"'11 As Deputy Clerk MayaoWAsirmm
Dale: 40
e
(SeA CONSULTANT
Attest
W0,„r
�i
'TO.
1
James D.
y
ftbft owl
/Iasi c01A����
APPENDIX A
SCOPE OF SERVICES
1. Scope of Services
1.1 General
The County recognizes the vulnerability of its citizens to damage, injury and loss of
life and property resulting from disasters. Such disasters require 24/7 responses
from the County's emergency responders, County employees, various elected
officials and appointed officials. Providing meals to these individuals is necessary in
order for them to carry out their duties to the public effectively.
1.2 Catering Requirements
Contractor must mobilize, stage, and provide the required services within twenty-
four (24) hours of notice to activate by the County. Where possible, and in
accordance with the County's emergency operation plan for such events, the
County will provide up to thirty-six (36) hours advance notice to the provider.
Depending upon the disaster circumstances, the provider may be required to stage
equipment at a pre• determined location. If so, the provider is solely responsible for
ensuring proper and necessary set-up, relocation, maintenance, protection and/or
removal of such equipment including periodic and final clean-up of the staging
site(s) upon request by the County. Use of County facilities will be at no charge to
the Contractor. However, if any damages occur at any staging areas directly
resulting from such stating activities of the provider, Contractor will be responsible
for the repair of such damage to its pre-damaged condition. Proposer shall provide
hot and cold meals at four (4) designated times a day throughout a 24-hour period;
approximately as follows:
Breakfast Approx. 8 am each day
Lunch Approx. 11 am - 1 Pm each
Dinner Approx. 5 Pm - 7 Pm each
Midni ht Snack Approx. 11 Pm - 1 am each
to include breakfast, lunch, dinner, and a midnight meal. This service shall continue
to serve four (4) meals per day, per employee, seven days a week, per the hours of
operation until such disaster is deemed concluded by the Mayor or his or her
designee. Meals will include but are not limited to all condiments, beverages,
utensils, disposable plates, cups and staging of equipment and clean-up.
Approximate personnel to be fed are between 25 and 400 depending on the size
and duration of the incident. Proposer shall provide procurement, handling and
storage of all food service-related items and products for up to 400 authorized
persons. Proposer shall also provide kitchen equipment, staff, and management
sufficient to cater up to 400 meals per mealtime and oversee all related activities.
The Contractor may be tasked to serve up to four (4) meals per day, per employee,
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seven days a week or for a specific day of the week as tasked, per the hours of
operation until such disaster is deemed concluded by the Mayor or his designee or
the service becomes no longer necessary.
All provided meals shall include but are not limited to
o Condiments relevant to the meal provided
o Serving items such as disposable plates, utensils, and napkins
o Selection of beverages that are iced down if required and cups if
necessary
The County would prefer that box ("grab and go") lunches be used for the lunch
meal. Box lunches may also be used for the Midnight Snack, at the Contractor's
preference.
The Contractor shall be responsible for all ingredient purchases, receipts, storage,
issue, handling, processing, packaging, preparation, staging, and clean up before
and after each meal.
All hot meals and box lunches must conform to USDA USFS 14-day rotation meal
plans regarding nutrition, food types, calorie counts, and means of service. The
successful Proposer may be asked to provide a certain percentage of meals
(approximately 20%) that are vegan or vegetarian. As a rule, Kosher meals will not
be required. If Kosher meals are required it is acknowledged that additional special
arrangements will be made which may result in additional costs.
1.3 Quantities.
The Task Order shall notify the Contractor of the numbers of meals to be served. As
a rough estimate, the County currently anticipates the following quantities:
Meal Location Number
Breakfast Monroe County EOC - pre-storm 75
Breakfast Monroe County EOC - post-storm Up to 400
Breakfast Additional Locations - post-storm Up to 40 per location (4 locations)
Lunch Monroe County EOC - pre-storm 75
Lunch Monroe County EOC - post-storm Up to 400
Lunch Additional Locations - post-storm Up to 40 per location (4 locations)
Dinner Monroe County EOC - pre-storm 75
Dinner Monroe County EOC - post-storm Up to 400
Dinner Additional Locations - post-storm Up to 40 per location (4 locations)
Midnight Monroe County EOC 40
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1.4 Personnel/Hygiene
Contractor shall comply with all applicable state and county health and safety
codes related to food preparation. All areas that the proposer operates shall be
cleaned and sanitized on a regular basis per standard operating procedures.
Contractor shall provide staff to supervise the daily cleaning and sanitation of
the assigned areas and oversee maintenance of kitchen equipment. All
employees of the Contractor shall be instructed on proper hygiene and
appropriate dress while catering/serving the County.
In the event of an emergency or disaster, Contractor shall provide trained and
competent culinary experts to manage and supervise the preparation of all
meals. All employees of proposer that are involved with food preparation will
have food handler's training and certificate.
1.5 Additional Services
The County requests that each potential contractor's proposal provide a
complete list of additional services that can be provided in addition to those
requested within this RFP.
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APPENDIX B
FEDERAL, STATE, PUBLIC RECORDS AND SCRUTINIZED BUSINESS
CONTRACT CLAUSES
1.0 Provisions Required by Federal Law, 2 CFR part200.
1.1 Termination:
1.1 .1 Termination for Convenience: The COUNTY may terminate this
Agreement for convenience, at any time, upon sixty (60) days written notice to
CONTRACTOR. If the COUNTY terminates this agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this agreement prior to termination, unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract. The
maximum amount due to CONTRACTOR shall not exceed the spending cap in
this Agreement. In addition, the COUNTY reserves allrights available to recoup
monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of the COUNTY's
False Claims Ordinance, located at Section 2-721 et al. of the Monroe County
Code. Either party may cancel this Agreement without cause upon sixty (60)
days' written notice of its intention to do so to the other party; however, this
provision may not be exercised during hurricane season (June 1 to November
30) unless both parties mutually agree to terminate. In the event oftermination,
the County shall owe for all goods and services delivered prior to the date of
termination.
1.1 .2 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 fail to perform the covenants herein contained at the
time and in the manner herein provided. In the event of such termination, prior
to termination, the COUNTY shall provide CONTRACTOR with five (5)calendar
days' notice and provide the CONTRACTOR with an opportunity to cure the
breach that has occurred. If the breach is not cured, the Agreement will be
terminated for cause. If the COUNTY terminates this agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due to the
CONTRACTOR under this agreement prior to termination, unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract;
however, the COUNTY reserves the right to assert and seek an offset for
damages caused by the breach. The maximum amount due to CONTRACTOR
shall not in any event exceed the spending cap in this Agreement. In addition,
the COUNTY reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the COUNTY's False Claims Ordinance,
located at Section 2-721 et al. of the Monroe County Code. In the eventthat
the CONTRACTOR shall be found to be negligent in any aspect of service,the
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COUNTY shall have the right to terminate this agreement after five (5) days
written notification to the CONTRACTOR.
1.2 Equal Employment Opportunity, No Discrimination Provisions:
CONTRACTOR and COUNTY agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of
any party, effective the date of the court order. CONTRACTOR or COUNTY
agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include butare
not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683,
and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section
504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination
Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; 8)Title VI I I 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, T C agrees as follows:
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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 nationalorigin.
3) The contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee
or applicant has inquired about, discussed, or disclosed the compensation of
the employee or applicant or another employee or applicant. This provision
shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract
or understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants foremployment.
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
13
access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
7) In the event of the contractor's non-compliance with the
nondiscrimination 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 bylaw.
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 ofthe United States.
1.3 OTHER FEDERAL CONTRACT REQUIREMENTS
CONTRACTOR and its subcontractors must follow the provisions, as applicable, as
set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 1 C.F.R. Part
200, as amended, including but not limited to:
A. 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 work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of40
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
14
the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for
any
part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. 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 done 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 guards, employed in
violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of
$27 for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph 29 C.F.R. § 5.5
(b)(1).
(3) Withholding for unpaid wages and liquidated damages. The Federal agency
shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld from any moneys payable on
account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2).
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4)
and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs 29 C.F.R. § 5.5 (1) through (4).
B. 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
15
performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
C. Clean Air Act (42 U.S.C. 7401-7671 q.) 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 pursuant to the Clean Air Act, as amended
(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/Federal
Agency and the appropriate Regional Office of the Environmental Protection
Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts
and subgrants of amounts in excess of $150,000. The contractor agrees to include
these requirements in each subcontract exceeding $150,000 financed in whole or in
part with Federal assistance provided by FEMA/Federal agency. The contractor
agrees to report each violation to the COUNTY and understands and agrees that
the COUNTY will, in turn, report each violation as required to assure notification to
FEMA/Federal Agency and the appropriate EPA Regional Office.
D. Debarment and Suspension (Executive Orders 12549 and 12689)—A
contract award under a "covered transaction" (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 Part 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the
Department of Homeland Security's regulations at 2 C.F.R. Part 3000
(Nonprocurement Debarment and suspension) SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, aswell
as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549. SAM exclusions can be accessed at www.sam.gov.
Contractor is required to verify that none of the contractor's principals (defined at 2
C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded
(defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The
contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into. This certification is a material
representation of fact relied upon by the COUNTY. If it is later determined that the
contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to the COUNTY, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment. Bidders or Proposers agree to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid
and throughout the period of any contract that may arise from this offer. The Bidder
or Proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
16
E. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the recipient who in turn will forward the certification(s) to the
awarding agency. If award exceeds $100,00, the attached certification must be
signed and submitted by the contractor to the COUNTY.
F. Compliance with Procurement of recovered materials as set forth in 2 CFR§
200.323. 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 theEPA
guidelines. In the performance of this contract, the Contractor shall make maximum
use of products containing recovered materials that are EPA-designated items unless
the productcannotbeacquired-
1. Competitively within a timeframe providing for compliance with the
contract performance schedule;
2. Meeting contract performance requirements;or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines web site,
s. cv/ DID]/ cn ire: li e: dive: irc uire: nee: i .... elide: 111 ne:.... irc irsn
,,,,,,,,,,q ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,'r,q,,,,,,, g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
The Contractor also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
G. 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
17
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 Directorof
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.
H. 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.
G. Americans with Disabilities Act of 1990, as amended (ADA) - The
CONTRACTOR will comply with all the requirements as imposed by the ADA, the
regulations of the Federal government issued thereunder, and the assurance by the
CONTRACTOR pursuantthereto.
H. Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the
policy of the COUNTY that DBEs, 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.
18
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.
b. Affirmative steps must include-
(1) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists; Assuring that small and
minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
(2) 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;
(3) Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses,and
women's business enterprises;
(4) Using the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the
Minority Business Development Agency of the Department of
Commerce.
(5) Requiring the Prime contractor, if subcontractor are to be let,
to take the affirmative steps listed in paragraph (1) through (5)of
this section.
I. E-Verify - The Contractor shall utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new
employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contractterm.
J. Energy Efficiency- CONTRACTOR will comply with the Energy Policy and
Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards
and policies relating to energy efficiency and the provisions of the state Energy
Conservation Plan adopted pursuant thereto.
Additional FEMA Requirements-
K. Access to Records - Contractor and their successors,transferees,
assignees, and subcontractors acknowledge and agree to comply with
19
applicable provisions governing the Department of Homeland Security (OHS)
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
OHS, 2. Give OHS 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 OHS regulations and other applicable
laws or program guidance, 3. Submit timely, complete, and accurate reports to
the appropriate OHS officials and maintain appropriate backup documentation
to support the reports.
L. DHS Seal, Logo and Flags - Contractor shall not use the Department of
Homeland Security seal(s), logos, crests, orreproduction of flags or likeness of
DHS agency officials without specific FEMA pre-approval. The Contractorshall
include this provision in any subcontracts.
M. 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 orderor
constructive change must be approved in writing by both the COUNTY and
Contractor.
N. Maintenance of Records
CONTRACTOR shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained
for a period of seven years from the termination of this agreement or for a
period of five years from the submission of the final expenditure report as per 2
CFR §200.333, whichever is greater. Each party to this Agreement or its
authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposesduring
the term of the Agreement and for four years following the termination of this
Agreement. 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, or were wrongfully retained by the
CONTRACTOR, the CONTRACTOR shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from
the date the monies were paid by the COUNTY.
O. Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance may be used to fund all or aportion
of the contract. The contractor will comply will all applicable Federal Law, regulations,
executive orders, FEMA policies, procedures, and directives
20
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.
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.
1.4 Florida Division of Emergency Management Requirements:
A. The Contractor is bound by any terms and conditions of the Federally-
Funded Subaward and Grant Agreement between County and the Florida Division
of Emergency Management.
B. The CONTRACTOR shall hold the Division and COUNTY harmless
against all claims of whatever nature arising out of the CONTRACTOR's
performance of work under this Agreement, to the extent allowed and required
by law.
1.5 Florida Public Records Requirements:
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, Contractor
is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided
in this chapter or as otherwise provided bylaw.
(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 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
21
must be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the CONTRACTOR of the
request, and the CONTRACTOR must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the CONTRACTOR does not comply with the 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.
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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-
3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
1.6 Scrutinized Businesses:
For Contracts of any amount, if the County determines that the Contractor has
submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in
a boycott of Israel, the County shall have the option of (1) terminating the
Agreement after it has given the Contractor written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant
to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
1.7 Required County Forms:
A. Public Entity Crime Statement. In accordance with F.S. 287.133, A person
or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity, may not
submit a bid, proposal, or reply on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list.
22
B. Ethics Clause. In accordance with Section 5 (b) Monroe County Ordinance
No. 010-1990 Contractor warrants that it had not employed, retained or otherwise
had act on its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 020-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract
without liability and may also, in its discretion, deduct from the contract or purchase
price, or otherwise recover the full amount of any fee, commission, percentage, gift,
or consideration paid to the former County officer oremployee.
C. Non-Collusion Statement: The contractor shall provide the non-collusion
certification.
D. Drug Free Workplace: The contractor shall include an executed "Drug Free
Workplace" form.
23
44 C.F.R. PART 18_ CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding$100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf ofthe
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of e Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. |f any funds other than Federal appropriated funds have been paid orwill
be paid to any person for influencing or attempting to influence an officer or employee
of any agency, e Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Fornn
LLL, "Disc|osureFornntoReportLobbying," ineccordencevvithitsinstructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipientsshe|| certify and disclose accordingly. This certification is e material
representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is e prerequisite for making or entering
into this transaction imposed by section 1352, tit|e 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than
$1O,OOO and not more than $1OO,OOO for each such failure.
The Contractor certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of31U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, ifany.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official Date
DISC."LOSIURE Of LOBBYING ACMITTE S
CGIM11 T:-J�7Z
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6. Feder A,DepartmesUAgency: Fedimil,Pragram.N'llml?"Desillipboa:
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0. Federal Acti)mm Number,if knvwu: a Award Amount,if hmovm:
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2-6c IPAIR7 11COUIN7Y
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee orprime Federal recipient,at the initiation or receipt of
covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for
such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered
Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply
for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and
Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome
of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last,
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify
the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to
subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of
the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment Include at least one organization level below
agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of
Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for
Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,
the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., 'RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to
influenced the covered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last
Name,First Name and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity
(item 1 O). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this
is a material change report,enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature
and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal
officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Memberfs) of Congress that
were contacted.
15. Check whether or not a continuation sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project
(0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-
90«ENDIF»
2-6d PART 2/COUNTY