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Item H6 H.6 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting December 7, 2022 Agenda Item Number: H.6 Agenda Item Summary #11458 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 N/A AGENDA ITEM WORDING: Ratification of contract with GOC, Inc. d/b/a Island Fence for Perimeter Fence Maintenance, Repair & Modification at the Key West International Airport as approved by the BOCC on May 18, 2022, to include "10%" in Section 3D as the markup amount bid by Island Fence for parts and materials. ITEM BACKGROUND: When the contract with GOC d/b/a was approved by the BOCC on May 18, 2022, the markup percentage for parts and materials was not listed in the contract. The bid tabulation sheet and May 18th agenda item had the 10% markup amount that was bid, but it was omitted from Section 3D of the contract in error. PREVIOUS RELEVANT BOCC ACTION: Approval to award bid and contract to GOC d/b/a Island Fence on May 18, 2022. CONTRACT/AGREEMENT CHANGES: Adds 10% markup on parts and materials in section 3D of the contract STAFF RECOMMENDATION: Approval DOCUMENTATION: Bid Tabulation Sheet Island Fence BOCC 5.18.2022 FINANCIAL IMPACT: Effective Date: 05/18/2022 Expiration Date: 05/17/2024 Packet Pg. 1184 H.6 Total Dollar Value of Contract: Contract year one: 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 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: No If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Beth Leto Completed 11/16/2022 2:52 PM Richard Strickland Completed 11/17/2022 4:12 PM Pedro Mercado Completed 11/17/2022 4:14 PM Purchasing Completed 11/17/2022 4:49 PM Budget and Finance Completed 11/18/2022 8:09 AM Brian Bradley Completed 11/21/2022 10:00 AM Lindsey Ballard Completed 11/21/2022 12:16 PM Board of County Commissioners Pending 12/07/2022 9:00 AM Packet Pg. 1185 ( eAW03 3u ga is I -9 MAM 49aqS uogein I :4u9wgo to R co to T 41 n. �0 L aJ L a) O a) c 4] J4 41 \ 0 cn O O a) a) Ln >, m = i a) U v) E Z 41 m 41 L N - V) � N O can O i t0 O 4] U O C O a) O _0 U U '6 O 4 Ol I_- 0) U N O — UI C C C > L 0) a) a) - O a) a) r0 c; � O O Q ro 41 LL U � LL LL (n L 4 L Q C1 0) L L a) L , O LL Z a) O L p O O Qa O O 0 O L U L (n (0 S= Q 0 LL Q O E N I� a) O V > N L O O _ 41 O _0 ii� N C a) a) i rQ a) O , J U U a) U J m e ,�,, L E L — L z Q a a o a E L N � M d U co m a p� co U co UJ auj xWM a � �— W Q L~LQ � N WO N W Zap O N Q W N J N W C7 � p � ZO mx40. QW W Z a a V � Q L Z W W W a O u~a z u w c a a -a q z W w -En- L N � N L � S p O � V � "'O N m (PeAW00 3u ga is ! -9 MAM 49aqS uogei n ' :4u9wqoe44Vn R co tO T n. Q� J4 U N RS } G. } cn O N N U 4— � U S N U Q N N O � S � C3 C3 N N } to "O N _> "'O N � L C3 N L O N S � } p� ".O > � O C3 � C3 C51-.O N to O � 'a 4 o L L 0 > O N V O s } � U h O_ tn S 4- 4- U -Q - Q } j cUn � O J L L Co 0 U LL O t- } 0 S } H (f) m H.6.b AGREEMENT PERIMETER FENCE MAINTENANCE,REPAIR& MODIFICATION KEY WEST INTERATIONAL AIRPORT This Agreement is made and entered into this 18m day 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 corporation, whose address is 1109 17m Terrace, 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 0 WHEREAS, CONTRACTOR desires and is able to provide emergency and non-emergency perimeter fence maintenance, repairs & modifications at Key West International Airport; and a� WHEREAS, it serves the best interests of the public to maintain a secure perimeter at Key West International Airport, now therefore, A w IN CONSIDERATION of 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. w c� 2. SCOPE OF THE WORK A. Routine repairs, modifications and requested maintenance of all perimeter fencing at Key 00 00 West International Airport. LO B. Emergency repairs and/or modifications of perimeter fencing at Key West International U Airport. The CONTRACTOR shall be available 24 hours per day, 365 days per year. The CONTRACTOR 0 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 U_ 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 all parts and materials (except freight, tax, services supplied by others and equipment rental), plus percentage indicated in section 3D. below, that is used in the maintenance, repair or modification of perimeter fencing at Key West International Airport. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be 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. 1 Packet Pg. 1188 H.6.b 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 10 %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. U- 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: U) Labor— Normal working hours of 8:00 a.m.to 5:00 p.m.Monday through Friday, excluding W holidays: $32.00 per hour, fence installer/lead crewman 41 $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 N Such costs must be documented for each maintenance, repair and/or modification job and included with all N Applications for Payment. Total payments to contractor shall not exceed $300,000 per year. 00 17 LO Contractor shall submit with all invoices the Application for Payment form attached. U U There are no additional costs for travel, mileage, meals, or lodging. a� 4. TERM OF AGREEMENT This Agreement shall commence on May 18, 2022 and ends upon May 17, 2024 unless 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. 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. 2 Packet Pg. 1189 H.6.b 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 Agreement or for a period of five 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. 0 7. PUBLIC ACCESS Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119,Florida Statutes and Section 24 of article I of the Constitution of Florida. The County U- 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 W conjunction with this contract and related to contract performance. The County shall have the right to 0 unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor 41 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: 00 (1) Keep and maintain public records that would be required by the County to perform the service. LO (2) Upon receipt from the County's custodian of records, provide the County with a copy of the U requested records or allow the records to be inspected or copied within a reasonable time at a cost that does 0 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 U- 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 A 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 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. 3 Packet Pg. 1190 H.6.b 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 ou BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ou ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. U_ 8. HOLD HARMLESS AND INSURANCE U) 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 0 officers and employees harmless from and against (i) any claims, actions or causes of action ii O 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 06 to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the LO intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors U or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, 0 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. 'a The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTTY INSURANCE. Where applicable, 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 $100,000.00 per 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 $300,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 4 Packet Pg. 1191 H.6.b 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 U- required to contain any provision for waiver. A 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 41 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 N 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 00 date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local LO ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII U of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of 0 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 U- 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 A 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 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. 5 Packet Pg. 1192 H.6.b 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 0 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 U- licenses to perform work in accordance with these specifications throughout the term of this Agreement. A 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 41 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 COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; N and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall 00 00 notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which LO the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, U evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as 0 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 U- 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 A 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. 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. 6 Packet Pg. 1193 H.6.b 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 Airport Island Fence 3491 South Roosevelt Blvd. 1109 17m Terrace Key West, Fl. 33040 Key West, FL 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 c� 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 W taxes, or payments of withholding, related to services rendered under this agreement. 0 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 c this Agreement. In addition, the County reserves all rights available to recoup monies paid under this 00 Agreement, including the right to sue for breach of contract and including the right to pursue a claim for LO violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County U Code. 0 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 U- 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 A cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due to the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days written notification to the Contractor. 7 Packet Pg. 1194 H.6.b 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. 0 c� 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 W valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining 0 terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the 41 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 00 Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in LO appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket U U expenses whether it is the prevailing party or not, through all levels of the court system. a� 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. 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. s Packet Pg. 1195 H.6.b 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. 0 c� 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 W same degree and extent to the performance of such functions and duties of such officers, agents,volunteers, 0 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 00 17 the extent permitted by the Florida constitution, state statute, and case law. LO U U 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 LL 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 A 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. c� 31. ATTESTATIONS 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. 9 Packet Pg. 1196 H.6.b 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 U- 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 U) placed on the convicted vendor list." w 0 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 documents and addenda are incorporated by reference in this contract agreement. 00 c� 38. ANNUAL APPROPRIATION LO The County's performance and obligation to pay under this agreement is contingent upon an annual U appropriation by the Board of County Commissioners. In the event that the County funds on which this 0 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. U- 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 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 10 Packet Pg. 1197 H.6.b 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 U- Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: A 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 41 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 N 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. 00 17 LO 2) The contractor will, in all solicitations or advertisements for employees placed by or U on behalf of the contractor, state that all qualified applicants will receive consideration for employment 0 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, U- 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 A of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 11 Packet Pg. 1198 H.6.b 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules,regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's non-compliance with the nondiscrimination 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 c� 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 W Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each 0 subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase 41 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. N N B. Davis-Bacon Act, as amended(40 U.S.C. §0141-3148).When required by Federal program legislation 00 which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, LO Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program U and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non- 0 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 U_ 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 A 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 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 12 Packet Pg. 1199 H.6.b 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 may by 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 with all 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. 0 C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which a� 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.§§ U_ 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 W worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours 0 worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to 41 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. N D. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of N "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a 00 contract with a small business firm or nonprofit organization regarding the substitution of parties, LO assignment or performance of experimental, developmental, or research work under that "funding U agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights 0 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. U_ E. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- a 1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to A the Clean Air Act(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. 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 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 13 Packet Pg. 1200 H.6.b 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 U_ resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. w Other Federal Requirements: I. Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply with all the 41 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 N 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 00 its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of this LO Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in U accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and 0 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. U_ 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; (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; 14 Packet Pg. 1201 H.6.b (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through(5) of this section. 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. 0 L. Access to Records. Contractor and their successors, transferees, assignees, and subcontractors a� 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, U_ 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 U) records, accounts, and other documents and sources of information related to the grant and permit access to W facilities, personnel, and other individuals and information as may be necessary, as required by DHS 6 regulations and other applicable laws or program guidance,3. Submit timely, complete, and accurate reports 41 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. c� 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 00 grant or cooperative agreement that may fund this Project and be reasonable for the completion of the LO Project. Any contract change or modification, change order or constructive change must be approved in U writing by both the COUNTY and Contractor. 0 a� 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. 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. 15 Packet Pg. 1202 H.6.b 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 U_ 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 W equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology 0 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. c� U. Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and 00 CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, LO or use of goods, products, or materials produced in the United States (including but not limited to iron, U aluminum, steel, cement, and other manufactured products). These requirements of this section must be 0 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, U_ 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- A 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. c� THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 16 Packet Pg. 1203 H.6.b IN WITNESS' WHEREOF;; COUNTY ;and CONTRACTOR hereto;have: execute regiment on the day and date flrsi written above. QF BOARD: COUNTY COIvI1VIISSTONERS. c� VIN;MADOK, CLERK OF M4Ngm C' LINTY ` 01 MA a �'" ., ,�•a As eputy-Clerk y.o FNYNY $� I)ate;_5( I 7,022 Date: _5�_I°a I2 G ,_ignature,of;,person authorized to legally bind Corporatibn A PpEVE UNTY A FOAM Date zc? 2Z- CN ASSIA� o JUN ATTORNEY PH Name:l LO Date 4/22/22 U Address'-moo C -� � Telephone:Number U) 17 Packet Pg. 1204 H.6.b APPLICATION FOR PAYMENT DETAILS DATE: ARRIVAL TIME: DEPARTURE TIME: LOCATION: PARTS AND MATERIALS COSTS ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL 1 2 3 0 c� 4 c� 5 PARTS &MATERIALS SUB-TOTAL A %INCREASE ON ABOVE PARTS, MATERIALS FREIGHT CHARGE TAX CHARGES PARTS & MATERIALS TOTAL $ LABOR AND EQUIPMENT COSTS CN HOURS @ $ SUB-TOTAL $ 00 0, HOURS @ $ SUB-TOTAL $ U LABOR& EQUIPMENT TOTAL U c� TOTAL $ i2 DESCRIPTION OF WORK A c� Date Authorized Signature/Title * Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts,materials & Refrigerants, freight for transportation/shipping costs, equipment rental amounts and services supplied by others. 18 Packet Pg. 1205 4/27/22,4:52 PM SAM.gov "General Decision Number: FL20220022 02/25/2022 Superseded General Decision Number: FL20210022 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). lIf the contract is entered Executive Order 14026 C5 linto on or after January 30, generally applies to the 12022, or the contract is contract. )renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at lafter January 30, 2022: least $15.00 per hour (or 1 the applicable wage rate 1 listed on this wage 1 determination, if it is higher) for all hours 1 spent performing on the 1 contract in 2022. I---------------I---------------- f87 lIf the contract was awarded onl. Executive Order 13658 1 for between January 1, 2015 andl generally applies to the 1 (January 29, 2022, and the contract. Icontract is not renewed or The contractor must pay all) lextended on or after January covered workers at least 130, 2022: 1 $11.25 per hour (or the I I applicable wage rate listedl I I on this wage determination,) W I I if it is higher) for all 1 I I hours spent performing on 1 I I that contract in 2022. 1 I---------------I----------------1 The applicable Executive Order minimum wage rate will be W adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for tY performance of work on the contract does not appear on this N wage determination, the contractor must still submit a N conformance request. 06 17 Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. U Modification Number Publication Date 0 01/07/2022 1 01/14/2022 2 02/25/2022 ELEC0349-003 09/01/2021 Rates Fringes U) ELECTRICIAN......................$ 37.61 11.72 ---------------------------------------------------------------- ENGI0487-004 07/01/2013 E Rates Fringes C5 OPERATOR: Crane All Cranes Over 15 Ton Capacity....................$ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under.......................$ 22.00 8.80 ---------------------------------------------------------------- IRON0272-004 10/01/2021 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING......................$ 26.00 14.16 ---------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only.............$ 20.21 12.38 ---------------------------------------------------------------- SFFLO821-001 12/31/2021 Rates Fringes https://sam.gov/wage-determination/FL20220022/2 Packet Pg. 1206 4/27/22,4:52 PM SAM.gov SPRINKLER FITTER (Fire Sprinklers)......................$ 30.63 21.09 ---------------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation)....................$ 23.50 12.18 ---------------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER........................$ 15.08 5.07 CEMENT MASON/CONCRETE FINISHER...$ 12.45 ** 0.00 FENCE ERECTOR....................$ 9.94 ** 0.00 LABORER: Common or General......$ 8.62 ** 0.00 LABORER: Pipelayer..............$ 10.45 ** 0.00 OPERATOR: Backhoe/Excavator.....$ 16.98 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 9.58 ** 0.00 OPERATOR: Pump..................$ 11.00 ** 0.00 PAINTER: Roller and Spray.......$ 11.21 ** 0.00 PLUMBER..........................$ 12.27 ** 3.33 ROOFER: Built Up, 881 Composition, Hot Tar and Single Ply.......................$ 14.33 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 14.41 ** 3.61 TRUCK DRIVER, Includes Dump (� and 10 Yard Haul Away............$ 8.00 ** 0.15 ---------------------------------------------------------------- a WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher N minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage C1 determination for more information. 06 T7 Note: Executive Order (ED) 13706, Establishing Paid Sick Leave LO for Federal Contractors applies to all contracts subject to the U Davis-Bacon Act for which the contract is awarded (and any U solicitation was issued) on or after January 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is LL like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information ; on contractor requirements and worker protections under the ED is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or "UAVG"' denotes that the union classification and rate were prevailing for that classification in the survey. Example: https://sam.gov/wage-determination/FL20220022/2 Packet Pg. 1207 4/27/22,4:52 PM SAM.gov PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate 881 that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage , determination. 08/29/2014 indicates the survey completion date (� for the classifications and rates under that identifier. a A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. tY CN C14 WAGE DETERMINATION APPEALS PROCESS 06 17 1.) Has there been an initial decision in the matter? This can LO be: U U * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests LL for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. ; With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative https://sam.gov/wage-determination/FL20220022/2 Packet Pg. 1208 4/27/22,4:52 PM SAM.gov Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- END OF GENERAL DECISIO" C5 C5 C5 881 a tY CN CN 06 17 U U C5 881 E C5 https://sam.gov/wage-determination/FL20220022/2 Packet Pg. 1209 4/21/22,5:38 PM Detail by Entity Name i �oX �� � r �i � w " 2LI,,E), irr€.rrll of Qtas e / II:1livisinin oll CnirIip.L)r aI n i,r s seard Records / ,,.'arr:h luny IIII i___rl,6 IIVw rie / Detail Iffy IIE.Eirnti-ty h air Florida Profit Corporation G.O.C. INC. Filing Information O Document Number P06000088954 FE ON Number 20-5148320 Date Filed 07/03/2006 LL State FL Status ACTIVE A Principal Address 1109 17th Terrace KEY WEST, FL 33040 Changed:03/14/2016 Mailing Address 1109 17th Terrace w KEY WEST, FL 33040 cv c^J c^J Changed:03/14/2016 00 Registered Agent Name&Address LO U GALVAN, DANIEL U 1109 17th Terrace KEY WEST, FL 33040 LL Name Changed:07/08/2008 Address Changed: 03/14/2016 A Officer/Director Detail Name&Address Title D GALVAN, DANIEL 1109 17th Terrace KEY WEST, FL 33040 Annual Reports Report Year Filed Date 2020 02/04/2020 2021 01/27/2021 2022 01/31/2022 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNarneOr Packet Pg. 1210 4/21/22,5:38 PM Detail by Entity Name Document Images 01/3'V2022 AININUAIL REPORI Mew imafP�� in FIDIF ron-rial 01/27/2021 ANNUAL REPORI Mew irnafp:� in FIDIF ronma� 02/04/2020 AININIJAIL Rj Jp()J:�]- VIvvv irnagi iin PIDIF roi rnat ............................................................................................ 02/05/20 1 Q ANNUAL :� la(Ykl I- Vkniv irnafm::ii,l FIDIF of'na[ ............... .................. 03112120 18 AININUAIL RI POR]" L"uevrriiimxrrr,un FIDIF ron-rial ............... .................. Vpw liirnafp:,ill 1:11DII: ronma[ ............... Vllpvv irnagi:� in FIDIF oi rna� 03/23/20 15 ANNUAL I- Vlmv irnagi:l ii,l FIDIF oi'na[ ............... 03/13/20 14 ANNUAL Rl PORIT Vi wrriiirrr,rge in l"['DII Iorrr al ............... .......... L4 _, view Irnap ill 1:11DIF on-rial ............... ........... UT View irnap,ii,l FIDIF ori'Mal IL ............... 04/W/201 I - ANNUAL Vlmv irnagi:l ii,l i orrria[ M ............... .......... View liirrrage in I'"LDII Iorrnal 0 u 01/15/2009 ANINUAL i I Vh"M liirrr ar)r u'l l-ml Sll Irm'r-lial 0) ............... ................. 07/08/2008 ANNUAL FIEPOIF-11 vinm Irriage ill 1:11DIF 'on-rial ............... ................. 0412412007 ANNUAL REPORIT View irnage,ill 1:11DIF ronTial ............... ................. 0 7/03/200F, Dompsfic i Vpw iiimar i:� in FIDIF ror C 0 ma[ M ............... ................. U) III 0 0 CN CN Q CN 06 17 UI) u u 881 https://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrl Packet Pg. 1211 �CONTRACTOR�IDI[Uilli���C����ill�E��!'INSE# CERTIFICATE OF COMPETENIC)OF11:1 1:1!lill!!Il��!�iii��:!,!�,:�iii�!'�i�ll!",� CERTIFICATE TYPE: SIT I 10�ID 105�321 10532 1 — SIP3599 MONROE COUNTY GROWTH MANAGEMENT - BUILDING DEPARTMENT ra Mkble KeydMaki Offkw 2796 Overwas H41hway,Ma lfwn,FL(305)289-2 0 5 1 Lox r Ker Oftw 5503 CcWege Road,Key West,FL,(305)295-3!990 Upper Keys Offk*"102050 Ovefseas HVhway,Key Largo,FL(3'05)453-8800 ar 11601 CR 905,Key Largo„FL(305)40-8765 CERTIFICATE OF COMPETENCY Extended Per Monroe County Ordinance 023-2021 1 IMPORTANT. CONTRACTOR CERTWICATNT OF COMPETENCY ENCLOSED I GALVAN, DANIEL 1109 1 7TH TERRACE KEY WEST FL, 33040 0 Dear Certificate of Competency Holder: u- Please find below your extended Monroe County Certificate of Competency per Monroe County Ordinance 023- 2021. Chapter 202,1-214, Laws of Florida became effective on July 1, 2021 relating 'to preemption of local occupational licensing (HB 735). The BOC,C amended Monroe County Code Chapter -240. The amended Code section will provide that in ord�er to provide a reasonable transition period for those license holders affected by the W en enactment of chapter 2021-214, Laws, of Florida, specialty contractor licensesthat were active as of June 301, 2021 a shall continue to be valid, and rawilll not expire, until June 310, 2023. Additionally,please note: • You have agreed to abide by the requirements found in Monroe County Code 6-234 • It is the certificate holder's responsibility to notify this office in writing lof any legal name and/or address changes by completing the Name and/or Address,Change Form. (Obtained from our website at www.monroecounty-fl.gov), • Journeyman and Masters are, NOT contractors,and therefore, are prohibited from contracting, and shall only perform work in their trade while under the superMsion and direction cif ai licensed contractor of same category, CN CN Q • Contracting shall only be done under the qualified business name. This, license does NOT belong to the 00 Company and may NOT be renewed or used by another individual or Company other than the license 17 holder named herein, for any construction,purposes LO • If YOU are inactive, you may INOT contract to,do work or pull a permit, and you do not need to have current L) U insurances on file. 0 Thank you, ud Me LNCI L MONROE COUNTY GROWTH� MANAGEMENT -2 BUILDING DEPARTMENT U) CERTIFICATE OF COMPETENCY Egut ru dl er Monroe Count Ordinance 023-2021<<4 E This is, to codify t4at the contractor Code Section 6-240: MC Ordinance 023-2021 listed is in Oood standing. �Extende to: 06/30123 This certificate according to law of, competency,is valid and in force Qualifier: GAL,VAN, DANIEL unless revoked until the noted Company name: ISLAND FENCE expiration date below. License type: FENCE ERECTOR CONTRACTOR (spa RECEIPT#: NIA Cont.113: 10632 AMOUNT PAID, NIA ri:N,GI)C\,V91,\M!AR�,PERmrr�cOCR ENE WrDEXT.doic—Printed Thursday, February 03, 2022 Packet Pg. 1212 2021 / 2022 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2022 RECEIPT# 30140-100850 Business Name: ISLAND FENCE MO CTY Owner Name: DANIEL GALVAN Business Location: KEY WEST, FL 33040 Mailing Address, 1109 17TH TERR Business Phone: 305-509-3375 KEY WEST, FL 33040 Business Type: CONTRACTOR(FENCE ERECTOR) Employees 5 0 ------ -------------------------------------------------------------------------------- Tax Amount Transfer Fee Sub-Total I Penalty Prior Years Collection Cost Total Paid U_P I 20.001 0,001 20.00 1 0.00 0,00 0.00 20.00 W 0 Paid 000048 07/30/2021 20.00 0 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED P0 Box 1129, Key West, FL 33041 YOU MUST MEET ALL W COUNTY AND/OR MUNICIPALITY CN CN PLANNING, ZONING AND LICENSING 00 17 REQUIREMENTS. LO U U 0 U_ MONROE COUNTY BUSINESS TAX RECEIPT E P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2022 Business Name: ISLAND FENCE RECEIPT# 30140-100850 < MO CTY Business Location: KEY WEST, FL 33040 Owner Name: DANIEL GALVAN Mailing Address- Business Phone, 305-509-3375 1109 17TH TERR Business Type: CONTRACTOR(FENCE ERECTOR) KEY WEST, FL 33040 Employees 5 Tax Amount Transfer FeeiSub-Total Penalty Prior Years Collection Cost I Total Paid 20.00] 0.001 20,001 0.001 0.001 0.001 20.00 Paid 000048 07/30/2021 20.00 1 Packet Pg. 1213 .................... ......................... NON-COLLUSION AffIDAVIT CJ(L0(t,q of the city of' ti(:,J ace ordirrg to law on my oath, and under penalty of perjury, de'pose and, say that: arn C Ot to of ol of the firm of 1�46 the bidder inaking the Proposal lot, the project described in tire Notice for (".'ailing for bids for, (,-\ c-uk ev E 4 C,-& 4fI*,k/CLZL C E and that I executed the said proposal with full authority to do so: 0 2, the prices in, this bid have been at-rived at independently without collusion, consultation, clornmunication or agreement for the purpose of resnicting competition, as to any matter relating to such, prices with arty other bidder or with any cornpetitor, U- 3, urdiess otherwise required by law,, the prices which have been quoted in this bid have not, A been knowingly disclosed by the bidder and will not knowingly be disclosed by the W 0 bidder prior to bid operung, directly or indirectly, to any other bidder or to any 0 competitor; and 4, no attempt has been ma,de (.,)r will be made b the bidder to induce any other person,, partnership or corporation to submit, or not to submit, a bid for the purpose of 3: restricting competition; CN CN 5 the statements contained in this of are true and correct, and made with fiull knowledge that Monroe County relies upon the truth of the statements contained in this 00 17 of daviA-ip awarding contracts for said prq�iect, LO U 0 (Signature of Bidder) Pate) U- s,rATE OF' ) SS A COUNTY OF VICK e3zS�'�' Subscribed and swom to (or affirmed) before me, by means of Y"physical res rrnr 0 onfine E Z- (date) by notarization, on k4. ('name of affiant). 1-_I�/5,'11 g_, —4xr giLafly now to me or has prodUced (f"y'—p e0'-f* identification) a,s identification. WITNESS my hand and offi cia,l se:a,l in, the County and State last aforesaid this et�J�I day of 022 2 ,' O�N ........... OTARY Pt Tl31A(,,,, STA -Yw, My Commission Expires� ..... ... A Cummmission No M NO Packet Pg. 1214 A0 .............................................. DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: r C'x-e- (Name of Business) 1, Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. U_ 3. Give each employee engaged in providing the commodities or contractual services that are U) under bid a copy of the statement specified in subsection(1). W 0 0 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the >_ workplace no later than five(5)days after such conviction. N N 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or 00 rehabilitation program if such is available in the employee's community, or any employee who 17 LO is so convicted. U U 0 ED 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. U_ As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements, U) E Bidder's Signature Date OMB-MCP Packet Pg. 1215 H.6.b LOBBYING AM) CONFLACTOF INTERESTFORM swogN s'rA,"rr-,mLy[UNQ1j1 0RQ'1�LAN(,j,",,-N( j0-1990 MONROE COUNTY ,LORIDA RK�DJ; ETHICS, CLAUSE warrants that lie/it has not employed, retained or otherwise had act on his/its behalf any fortner County of or eniployee in violation f Section 2 of Ordinance No, 10-1990 or any County of or em ployee in violation of ection 0 3 of Ordinance No. 10-1990, For breach ol- violarjori ()f thi parovision the Courity may, in its U- 'a discretion, terminate this contract without liability and may also, ire its discretion, dedUCt ('170M C i2 A the contract, or purchase price, or otherwise recover, the full arnount of any fee, commission, w 0 0 percentage, gift, or consideration paid to the f,onrier County officer or employlee, —-------------------- w (signature) C14 C14 Date: 00 .................... 17 LO STATE OF L\ u ............. u CGUNTY Subscri bed and sworn to (or affinnied) before une, by rilearls of 1!T. physical presei ce or El online notarization, on ------ (date) by (narne of affiant), He/She ���.� �rrq S Ln a,1 known to me or has produced identification) as 4i ........... ............. identification. E Wl'p &SS my hand and offici sea�l l in the Co unty and State last aforesaid this day of , 2022, ........... ............ . ................. V NOTARY PLJBL1 ZOir ugh I" i"C' N)Mmission No. M 0 10413�5 6 s" OMB -MCPFORM94 Packet Pg. 1216 ............................ -------- PL)BLIC ENTITY CRWE STA'rEMENT "A person or affiliate who has been placed on the convicted vendor fist following at conviction for public entity crinie 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 consmiction or repair of a public building or public work, tnay not submit bids on I eases of real property to public entity, may not be awarded or perf'orm work as a contractor, SUPlAier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business 'with any public entity in excess of the threshold arnount provided in Section 28,7.017, Florida Statutes, for CATEGORYTWO for at period of 36 nionths, from the date of being placed on the convicted vendor list,," I have reeaJ the above and state that neither 0 (Proposer's name) nor any Affiliate has been placed on the convicted vetidor list within the last 36 months, U- ................. A W ........... .................. 0 ( nature) 0 Date CN STATE OF CN ss 00 COUNTYOF 17 ........................................... LO U U Subscribed and s,wom to or affinned) before me, b means of ETphysical presence or 0 online 0 notarization, on VC:\ (date) by msm- (narne of fflant), He/She -S ffawat..ly---kn to rne or has produced U- i—it i—fi c,ai-i,'on,------------------------------- --------------------------- (type of identification) as A ma y hand and official seal i,n C the oun a ly nd State last aforesW this E d " 2021 y of 71" NOTARYPUBLW"." AT"F 4 . aah M y nninission, -i.x C( E` ptres� C,0111mission No. ff 104,19!)6. Packet Pg. 1217 ........................................................... ............ ........ op"MMM"'-- VENDOR CERTIFICATION REGARDING SCRUTINIZED CO ANTES LISTS Project Descripfion(s)- J)(fr tketer Fr-ike-e 06UJ , Respondent Vendor Name- PcACe_ Vendor FEIN: Vendor's Authorized Representative Name and Title: au t e- 6 qloo Wes Address 0 City: Mev toef,';r State zip: _33_r2cle Phone Number: -30 S: - -7,:5 0 Email Address: --lZ-UU&'b 3LJCZO_ OV q W cem", %4 Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal U_ for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. A W Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a 0 proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or 0 more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. >_ As the person authorized to sign on behalf of Respondent, I hereby certify that the company N identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for 00 Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities 17 LO in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector U List or engaged in business operations in Cuba or Syria. U0 1 understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if U_ the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on A the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in E Cuba or Syria. Certified By: who is authorized to sign on behalf o the above re erenced company. Authorized Signature: .,V(2 Print Name: Title: Note: The List are available at the following Department of Management Services Site: httt)://www.dms,myflorida.com/business operations/state plLrch sinv./vendor information/con victed suspended discriminatory complaints vendor lists Packet Pg. 1218 ACOPRIDO DATE( H.6.b CERTIFICATE OF LIABILITY INSURANCE 08 08 _f:/30/2022_ T1141S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.T-1- CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE 11-1011-DER. ,the policy(ies)must be endorsed., If SUBROGATION IS WAIVED,subject to the terms and condillons of the pollcy,certain policies may require an endorsement. A statement on this certificate does not coinfer rights to the certificate holder in lieu of such endorsement(s). MEi.' Ayden Phillips Phillips MNo_Ext1-_'---2 4-6 AIC�N_. 305 294-661 68 9 666 ur t PRODUCER NAM Ayde Island Insurance Agency,Inc. PHONE 305 294-6666 305 294-6668 Est N�l 3229 Flagler Ave#112 ADDRESS� islandinsurance@comcast.net INSURER(S)AFFORDING COVERAGE NAH W I. W e e on Co.Key West FL. 33040 INSURERA:: Western World in,CO INSURED - INSURER B; Security National Ins Company 01952 GOC,INC. ONSURERC: 5020 5TH AVE#1 _!I 21JRER D INSURER E I4EY WEST FL. 33040 IIpdSURER F 0 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 'THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LASTED BELOW VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTMTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR Qn-iER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TOA1[..1_THE TERMS, U_ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, _!:TR TYPE OF INSURANCE POLICY NUMBER INSR WVD MMIDDIYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY A EACH OCCURRENCE $ 1,000,000 W ecu r COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100,000 0 PREMISES C C"M._M OCCUR M CLAIMS-MADE MED EXP(Any one person) $ 500,000 7 A X NPP8852730 02/20/2022 02/20/2023 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY 'Ea accill $ 100,000 >_ ANY AUTO W BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED AUTOS AUTOS x MOO 0022375 01 09/08/2022 09/08/2023 BODILY INJURY Per accident) $ CN NON-OWNED CN Q HIREDAUTOS AUTOS Per acurdent $ CN $ 06 UMBRELLA LIAB OCCUR T EACH OCCURRENCE $ Ui EXCESS LIAR CLAIMS-MADE ISK MAN00 L) DED RETENTION$ AGGREGATE $ L) $ 0 WORKERS COMPENSAMON 1�5 1:A L:IMI�U- 1-7 5aLTATJf H- W OT S AND EMPLOYERS'LIABILffY YIN =TOU L I M ITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE DA W­2��2­__ E.L.E,L.EACH ACCIDENT $OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) If yes,describe under WANN KtkXyft-- E.L.DISEASE-EA EMPLOYEJE $ LL :$DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A FDESC RAT106NS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If move space is requIred) RIPTION OF ORE *�"°*Cerliiicate holder is additional insured""`""* CERTIFICATE HOLDER CANCELILATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. I 100 Simonton Street AUTHORI' Pft 4"N Key West FL. 33040 1\ 08/30/2022 ACORD 25(2010105) t 1988-2610 ACORD CORPORATION, All rights ires rved. The ACORD name an logo are registered ma of ACOR Packet Pg. 1219 DATE(MMID H.6.b CERTIFICATE OF LIABILITY INSURANCE 02/14/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC PHONE (877)266-6850 FAX (585)389-7894 76210705 (A/C,No,Ext): (A/C,No): 150 SAWGRASS DRIVE E-MAIL ADDRESS: ROCHESTER NY 14620 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Twin City Fire Insurance Company 29459 INSURED INSURER B: GOC INC D/B/A ISLAND LANDSCAPING AND D/B/A INSURERC: U ISLAND FENCE 5020 5TH AVE UNIT 7 INSURER D: KEY WEST FL 33040-5723 INSURERE: INSURER F: U COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MMIDDIYYYY MMIDDIY YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE❑OCCUR DAMAGE TO RENTED PREMISES Ea occurrence , MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY PRO JECT El LOC PRODUCTS-COMP/OP AGG > OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT N Ea accident APPROVED BY RISK MANAGE IENY N ANY AUTO BODILY INJURY(Per person) ALL OWNED SCHEDULED BY 2%18�22 00 AUTOS AUTOS BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE AUTOS AUTOS WAIVER N'dAIX..YES_ (Per accident) L) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER CU ANY YIN E.L.EACH ACCIDENT $100,000 8I1 A PROPRIETOR/PARTNER/EXECUTIVE NIA 76 WEG K05498 02/11/2022 02/11/2023 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1 OO,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS below U DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 1100 SIMONTON ST BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED KEY WEST FL 33040-3110 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1220