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01/03/2023 Agreement MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR STOCK ISLAND FIRE STATION - REPLACE SHOWERS 77 I� s BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates, District 1 Mayor Pro Tern Holly Merrill Raschein, District 5 Michelle Lincoln, District 2 James K. Scholl, District 3 David Rice, District 4 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Dir. of Facilities Maintenance Kevin Madok Willie DeSantis December 2022 PREPARED BY- Monroe County Facilities Maintenance Department Monroe County Facilities Maintenance Job Name: Emergency Shower Replacement - Stock Island Fire Station Job Location: 5655 MacDonald Ave., Stock Island, FL 33040 Contact: Facilities Maintenance Building Administrator— Chrissy Collins Collins-chrissy amonroecounty-fl.gov Facilities Maintenance Director - Willie DeSantis esantis®William monroecounty-fl.gov PROJECT OVERVIEW, PROJECT INTENT AND SCOPE, GENERAL REQUIREMENTS 1. Project Overview a. Monroe County ("Owner" or "County") shall enter into a contract with a qualified Contractor to replace damaged showers at the Stock Island Fire Station located at the address shown above. The term of this contract shall commence upon approval by Monroe County and terminate upon final completion of the project which shall be thirty (30) days from approval of the contract by Monroe County. Once commenced, the undersigned shall diligently continue performance until final completion of the Project. The Contractor shall be required to secure and pay for all required permits and approvals to perform the work which may include: Monroe County Building Department and any other permitting or regulatory agencies as applicable. Contractor shall include those permit fees as a part of the Contractor's bid. b. Any quote must be honored for one hundred twenty (120) calendar days from submittal due date. 2. Project Intent and Scope The Contractor shall provide the following Scope of Work and provide all labor and materials to complete the shower replacements at the Stock Island Fire Station: 1. Replace Shower#1 floor the and cove base tile; pitch floor for proper drainage Page 2 of 48 2. Replace shower#2 floor the and one row of wall tile; pitch floor for proper drainage 3. Install and finish damaged drywall 4. Paint wall 5. Remove damaged materials and clean up 3. Summary of General Requirements a. Contractor is required to provide protection for all existing surfaces. To include, but not limited to: i. Existing surfaces ii. Personal Items iii. Vehicles and Personal Property iv. Landscaping b. The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. c. Provide a dumpster, containment bin, or similar device for the collection and containment of construction generated debris. d. Load, haul, and properly dispose of all construction debris. e. Provide and maintain appropriate (OSHA required) construction warning signs and barriers. f. Furnish all required work site safety equipment. g. Furnish and maintain on-site material safety data sheets ("MSDS") for all materials used in the construction. h. Construction work times shall be coordinated with County staff. L All materials shall be approved by submittal prior to commencement of work. j. Contractor needs to be aware of weather and location and plan accordingly. k. Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. I. Contractor shall provide a safety lift plan for all crane/hoist work. m. Contractor to provide a schedule for all phases of the project. Page 3 of 48 n. Contractor to provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment. o. Contractor to coordinate all activities with concurrent site work being performed. p. By signing this agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County web page: ht atl =13 q. Insurance Requirements: Workers' Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease each employee General Liability $300,000 Combined Single Limit Business Vehicle $200,000 per Person (Owned, non-owned $300,000 per Occurrence & hired vehicles) $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not required Construction Bond Not required The Monroe County Board of County Commissioners, 1100 Simonton Street, Key West, Florida, shall be named as Certificate Holder on all policies and also Additional Insured on General Liability and Vehicle polices. r. The Contractor shall be required to secure and pay for all permits required to perform the work. s. The Contractor is required to have all current licenses necessary to perform the work. Page 4 of 48 t. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. Page 5 of 48 This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. u. NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. v. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. w. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment, or contractual relationship; and disclosure or use of certain information. x. DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the Contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows: i. They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. ii. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug Page 6 of 48 counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. iii. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (i). iv. In the statement specified in subsection (i), 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. V. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. vi. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS I. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY. 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 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; and 11) Any other Page 7 of 48 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 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or Page 8 of 48 workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 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 administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 Page 9 of 48 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. II. TERMINATION. a. 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. b. 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. c. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due 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 Article IX, Section 2-721 et al. of the Monroe County Code. d. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon seven (7) days' written notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves 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 Page 10 of 48 violation of the COUNTY's False Claims Ordinance, located at Article IX, Section 2-721 et al. of the Monroe County Code. e. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant 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/Consultant 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. III. MAINTENANCE OF RECORDS. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and audit purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. IV. RIGHT TO AUDIT. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records Page 11 of 48 shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. V. 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 and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records Page 12 of 48 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 inspector copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470, BRADLEY-BRIAN(a-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. VI. PAYMENT OF FEES/INVOICES Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. Invoices shall be submitted to the Facilities Maintenance Department, Attention: Chrissy Collins, Building Administrator, at collins®chrissy monroecounty-fl.gov. Page 13 of 48 The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the Owner. VI I. E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status 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 work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. VIII. NOTICE REQUIREMENT Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non- acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Sea Tech of the Florida Keys Inc- 1 r'1 Palnminn Wnrse Trail Big Pine Key, FL 33043 For Owner: Director of Facilities Maintenance 123 Overseas Hwy., Rockland Key Key West, Florida 33040 Monroe County Attorney's Office 1111 12t" Street, Suite 408 Key West, Florida 33040 IX. UNCONTROLLABLE CIRCUMSTANCE. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event Page 14 of 48 beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. X. 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 each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Article II concerning termination or cancellation. XI. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, Non-Collusion Statement, and a Drug-Free Workplace Statement, as set forth within this RFS. XII. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Page 15 of 48 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." XIII. FEDERAL REQUIRED CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract Provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: A) Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit "A" and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 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, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (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 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. Part 3 as may be applicable, which are incorporated by reference into this Page 16 of 48 contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA/Federal Agency 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. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis-Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. B) Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation, liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (b)(1) of 29 Page 17 of 48 C.F.R. §5.5, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(1) through (4), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, Paragraphs (1) through (4). C) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. D) Clean Air Act (42 U.S.C. 447401-7671 g.) and the Federal Water Pollution Control Act (33 U.S.C. 441251-1387, as amended). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Page 18 of 48 Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. E) Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. §180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its Iowertier covered transactions, including that the award is subject to 2 C.F.R. Part 180 and the Department of the Treasury's implementing regulation at 31 C.F.R. Part 19. F) Byrd Anti-Lobbying Amendment (31 U.S.C. 4 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 Page 19 of 48 an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto and made a part hereof, must be signed and submitted by the CONTRACTOR to the COUNTY. G) Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. 4 200.322. 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 C.F.R Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, https-//www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program.The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. H) Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. 4 200.216. 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 115-2327 section 8897 covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Page 20 of 48 (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 1) Domestic Preference for Procurements as set forth in 2 C.F.R. 4200.322. The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. OTHER FEDERAL AND/OR FEMA REQUIREMENTS (as applicable) J) Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. K) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable Page 21 of 48 federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. $ 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS A. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. 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; (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 subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. L) Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, information, facilities, and staff by the United States Department of the Treasury. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; (3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. M) Changes to Contract. The Contractor understands and agrees that any cost Page 22 of 48 resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. N) Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that Department of the Treasury financial assistance may be used to fund all or a portion of the contract. The Contractor will comply will all applicable federal law, regulations, executive orders, policies, procedures, and directives of the Department of the Treasury. O) 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. P) Program Fraud and False or Fraudulent Statements or Related Acts. 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. Q) Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. R) 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. S) The Contractor shall be bound by the terms and conditions of the applicable Federally-Funded State & Local Fiscal Recovery Fund Financial Assistance Grant Agreement between the County and the United States Department of Treasury attached hereto as Exhibit "B" and made a part of this Agreement. T) The Contractor shall hold the United States 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. Page 23 of 48 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 1100 Simonton St., Room 2-216 Key West, FL 33040 PROPOSAL FROM: Sea Tech of the Florida Keys Inc. 131 PnInminn Horse Trail Big Pine Key FI. 33043 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Stock Island Fire Station - Replace Showers and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty (30) calendar days thereafter. Page 24 of 48 The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Five Thousand, Seven Hundred Sixteen and 98/100--------------cellars (Total Base Proposal-words) $ 5,716.98 Dollars (Total Base Proposal — numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s): No. Dated No. Dated Page 25 of 48 In addition, Proposer states that he/she has included a certified copy of Contractor's License, Monroe County Business Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor: Sea Tech of the Florida Keys, Inc., Mailing Address: 131, Palomino Horse Trail Big Pine Key Fl. 33043 Phone Number: 305-872-0888 E.1.N.: 65-0126213 Email: robins@seatech,cc Date: 12,-23-22 Signed: Robin S2mansky (Name) President (Title) Contractor's Witness signature: V Witness name: Becky L Deutsch Date: 12-23-22 The County accepts the above proposal: M NR OE,, LINTY, FLORIDA Date: 01.03.2022 B�-. County Admi'histrator or designee t,40N,80E COUNTY ATTORNEY'S OFRCE IPJ I=ED,AZ TO ors J Page 26 of'48 FIATRICIA EABLES Ass'r.P+ ' l E Y DATE VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Stock Island Fire Station Replace Showers Respondent Vendor Name: Sea Tech of the Florida Keys Inc. VendorFEIN: 65-0126213 Vendor's Authorized Representative Name and Title: -Robin Szmansky President Address: 131 Palomino Horse Trail City: Big Pine Key State-, Florida Zip: 33043 Phone Number,3()5-872-o888 — Email Address: Enbinqrb).%eatech.cc Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal 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. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List, I 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 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. Certified By: Sea Tech of the Florida Keys Inc, who is authorized to sign on behalf of the above r F company. Authorized Signature-. Print Name: Robin SzmansK, Title: President Note: The List are available at the following Department of Management Services Site, http://www.dms.m:vflorida.r,om/busariess operations/state PUrchasing/vendor information/convicted sus ended discriminatory complaints vendor fists Page 27 of 48 NON-COLLUSION AFFIDAVIT 1, Robin Szmansky of the city of Big Pine Key according to law on my oath, and under penalty of perjury, depose and say that: 1 1 am President of the firm of Sea Tech of the Florida Keys Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: Stock Island Fire Station Replace Showers and that I executed the said proposal with full authority to do so; and 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor-, and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and S. The atements contained in, this affidavit are true and correct, and made with full k 4d roj@ct. 12-23-2,2 15natureif Proposer) (Date) STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or El online notarization, on 12-23-22 (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced Known (type of identification) as identification. NOTARY PUk/IC BeCkY L.Deuwh NOTARY pUBLIC My commission expires: 02-26-2024 STAiZ OF COMM# FLORIDA f.,XpireS GG962754 212612024 Page 28 of 48 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE, NIO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Sea Tech of the Florida Keys Inc. (Company) ... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer o�r employee, in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former u ty officer or employee". ( .ignkure) Date: 12-23�22 STATE OF: Florida COUNTY OF:Monroe Subscribed and sworn to (or affirmed) before me, by means of V physical presence or 0 online notarization, on 12-23-22 (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced Known (type of identification) as identification. NOTARY PUBU (SEAL) My commission expires-, 02-26-2024 Becky L,Deubch NOTARY PUBUC STATE OF FLORIDA Comm*GG962754 Expires 212612024 Page 29 of 48 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes, Sec. 287,087, hereby certifies that: Sea Tech of the Florida Keys Inc. (Name of Business) 1 Publishes 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. Informs 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. 3. Gives each employee engaged in providing the commodities or contractuali services that are under proposal a copy of the statement specified in subsection (1), 4. In the statement specified in subsection (1), notifies the employees that, as a condition, of working on the commodities or contractual services that are under proposal, 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 contenders 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. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify t at this firm complies fully with the above requirements, P(6'poser's Inafure Robin Szman,sky Date 12-23-22 STATE OF- Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of V physical presence or 0 online notarization, on 12-23-22 (date) by Robin Szmansky - (name of affiant). He/She is personally known to me or has produced Known (type of identification) as identification. NOTARY PUBLI 02-26-2024 (SEAL) My commission expires. Becky L.Deutsch NOTARY PUBLIC STATE OF FLORIDA Comm#GG962764 Expires=612024 Page 30,of 48 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a puiblic entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither Sea Tech of the Florida Keys Inc, (Proposer's name) nor any Affiliate has been d on the convicted vendor list within the last thirty-six (36) months. (t'ignatureT�/ Date: 12-23-22 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or F-1 online notarization, on 12-23-22 (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced Known (type of identification) as identification, NOTARY(PABLIC (SEAL) My commission expires: 02-26-2024 Becky L.Deutsch NOTARY PUBLIC STATE OF FLORIDA COMM#GG962754 Expires 2126/2024 Page 31 of 48 MINORITY OWNED BUSINESS DECLARATION Sea Tech of the Florida Keys Inc. —, a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise, asdefined in Section 288.703, FI on da Statutes or X is not a minority bud ness,enterprise, as defined in Section 288,703, F'l on da St at utes. F. 288.703(3)"Minority business enterprise' means any small businessconmn as defined in subsection (6)(see below)which is organized,to engage in commercial transactions, which is domiciled in Florida and which isat least 51-percent-owned by minority personswho are members of an insular group that isof a particular racial, ethnic, or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are control le d by such persons A mi nori ty busi ness enterpri se may pri mari ly i nvol ve the practi ce of a prof essi on. Ownersh:i p by a mi nori ty person does not i ncl ude ownershi p whi ch i s the result of a transfer from a nonmi nori ty person to a minority person within a related i mmedi ate f amil I y group if the combi ned,total net asset val ue of all members of such farni I y group exceeds$1 million. For purposes of thi s subsecti on, the term"rel ated i mmedi ate f ami I y group" means one or more chi I dren under 16 years of age and a parent of such chi I dren or the spouse of such parent residi ng i n the same house or I ivi ng unit.. F.&288,.703(6) Smal I busi nesd' means an i ndependentl y owned and operated busi ness concern that empl oy s 200 or fewer permanent f ul I-ti me empl oyees and that, together w ithi its aff i I i ates,, has a net worth of not more than$5 mi I I i on or any f i rm based i n thi s state w hi ch has a Sm,al I Busi ness;A dmi ni strati on 8(a) certi f i cation,As appl i cable to sol e propri etorsh i ps,the$5 million net worth requi rement shall i ncl ude both personal and busi ness i nvestnwnts, Contractor may,refer to F.S. 288.703 for more i nf ormat i on. Cone, actor-9ea-Te o the Florida Keys Inc, Sub-Recipi-ent-.4 MonroeGounty > F Si gnat6re I Signature Print Name Robin Szmansky Print Name Title: President Title Address: 131 Palomino Horse Trail OMB Approved No. 1505-0271 City/State/Zip-.13ig Pine Key El, 33Q43 Date.,12-2:1-22 Page 32 of 48 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, Sea Tech of the Rohda Keys Inc. , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form, Cc N'TRACTOR� Sea Tech of the Florida Keys Inc. By Sign—ature'VT Recipient's Name Robin Szm:ansky President Name and Title Division Contract Number 131 Palomino Horse Traii Street Address FEMATEDERAL AGENCY Project Number Big Pine Key Fl. 33043 City, State, Zip 12-23-2,2 Date Page 33 of 48, INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. Page 34 of 48 All insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, FL 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management Department. Page 35 of 48 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers' Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, 1100 Simonton Street, Key West, FL 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION, HOLD HARMLESS and DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in Page 36 of 48 respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725-06, Florida Statutes, Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termiination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the, Contractor and persons employed or utilized by the Contractor in, the performance of this Contract. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement, PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. PROPOSER Signaturef PaEe 37 oC48 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Liability $5000.00 Workers Compensation $0.00 Liability policies are V Occurrence Claims Made Keys Anchor Insurance Agency Insurance Agency Sign ture INSURANCE REQUIREMENTS AND FORMS Page 38 of 48 MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor/Vendor: N/A Project or Service: Contractor/Vendor Address & Phone #: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of Contractor/Vendor: -------------------------------------------------------------------------------------------------------------------------------- Date: Approved Not Approved Risk Management Signature: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Page 39 of 48 EXHIBIT "A" DAVIS-BACON WAGE DETERMINATION STATEMENT Page 40 of 48 12/22/22,4:34 PM SAM.gov "General Decision Number: FL2O22OO22 07/01/2022 Superseded General Decision Number: FL2O21OO22 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) . 1If the contract is entered 1 . Executive Order 14026 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 after January 30, 2022: least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. 1If the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the January 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 130, 2022: 1 $11.25 per hour (or the applicable wage rate listed) on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 01/14/2022 https://sam.gov/wage-determination/FL20220022/3 1/5 12/22/22,4:34 PM SAM.gov 2 02/25/2022 3 07/01/2022 ELEC0349-003 09/01/2021 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 37.61 11.72 ---------------------------------------------------------------- ENGI0487-004 07/01/2013 Rates Fringes 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 ---------------------------------------------------------------- * SFFL0821-001 07/01/2022 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . .$ 31.28 21.34 ---------------------------------------------------------------- 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 https://sam.gov/wage-determination/FL20220022/3 2/5 12/22/22,4:34 PM SAM.gov OPERATOR: Pump. . . . . . . . . . . . . . . . . .$ 11.00 ** 0.00 PAINTER: Roller and Spray. . . . . . .$ 11.21 ** 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.27 ** 3.33 ROOFER: Built Up, 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 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25) . Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is 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 EO 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) . https://sam.gov/wage-determination/FL20220022/3 3/5 12/22/22,4:34 PM SAM.gov 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: 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 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 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. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. https://sam.gov/wage-determination/FL20220022/3 4/5 12/22/22,4:34 PM SAM.gov * 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 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 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" https://sam.gov/wage-determination/FL20220022/3 5/5 EXHIBIT "B" CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT Page 42 of 48 (W B Approved\o 1505-027 1 ENpiratton fate 11,30/2021 t-S,DFP,kR'I MEN l'0F'I H I.'I RFASt.RY CORONAVIRL S STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address: 1)1.,:\S plumber,073876757 Monroe Countv Roard ofConitrussioners 'ravaycr Identification Number 596,000749 1100 Simonton:'street,Room 2-213 Assistance Listing Number and'I itici 21,027' Key West,Hiorida 33040 Sections 602(b)and 003(b)oftfic Social Security Act(the Act)as added by section 990 1 of the %iiierican ROSCILIC Han.`%Ct,Pub. 1- No. 117-2(March 11.202 I)authorizcs than Depaitincrit of the Treasurys(Treasury)to niako payments to certain recipients from the Cojona.virus,State Fiscal kecovcr.� Fund and the C'Oronavirus IA)cal l-Iscal Recovery Fund. Recipients hereby agrees,as,a uondifion j) pav loe A fiorn Treasury,agre(,'S to the terill,sattaChVberetshele Recipient: Diplall,signed ,,Tina Boon Tina Bolan Date:2022.08.02 09:11:02 -04'DO' Authorized Representative SiC*Ilafilre(above) Authoized Rcpresentative yarn: Tina Boan Authorimt Representative Title Senior Director Budget&finance Date Sip,led: U.S, Department ofthe"Treasury: Authorized Representative Signature(above,) Authorized Representative Name: Jacob Leibonluft Autfiolizckl RcIiiesmiative FilIQ Chief Reco\eo,Officer,01fice of'Recover\ Programs Date SiLlied Mav 14,1021 PATERWORK REDUCTIO',; ',.('T NOTIUF 'I he irliOrMaItUtl COIICuLCCI%Yffl he used far rile t, kI%CrrIrTIelA to proun requests fins suit art.The e&fimmted hurdem Rhsocia[ud Xitli this coHection of information is I S o,inutes per response Coimiients concerning the sumo acv of this brudelt esnlnate nmd"iggestlons ibr reduome,this bur de,i„Niould be dilected to thu office off I Tyalispurene,,andR &etror Depwlmerll of thaw 1"wwn',t 500 Penns,I,anm 11 W N whingiork Dk%20220,DO 11110T wnd the Tc,ollX tb Lb is Is addres��A I I agemy I I I nA Co[I'LA ,I Spo I llsor,al I d a[s Mcm Is I I CA I Cqui I Ud Le FeSpOl I d W,J CUI I=t 1011 of i I I I'o r I nuim I uullQ5 it displu r,&a lNhd Q,wisol llumbw assigilud by 0,1143 Page 43 of 48 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance.The period of performance for this award begins on the date hereof and ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024. 3.Reporting Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. 4.Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. 5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R.§200.458,may not be paid with funding from this award. 6.Administrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs. 7.Cost Sharma.Cost sharing or matching funds are not required to be provided by Recipient. 8.Conflicts of Interest.Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R.§ 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R.§200.112. 9.Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury.Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's implementing regulation at 31 C.F.R.Part 19. Page 44 of 48 v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R.Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Govemmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C.§§4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI of the Civil Rights Act of 1964(42 U.S.C.§§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance, ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability, iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance, iv. The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 et seq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance;and v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C.§§12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R.§200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act. 11_Hatch Act_Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12.False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13.Publications.Any publications produced with funds from this award must display the following language:"This project[is being][was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14.Debts Owed the Federal Government. a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award;(2)that are determined by the Treasury Office of Inspector General to have been misused;or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. Page 45 of 48 15.Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in anyway establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. a. In accordance with 41 U.S.C.§4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress, ii. An Inspector General, iii. The GovemmentAccountability Office, iv. A Treasury employee responsible for contract or grant oversight or management, v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury;or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. 17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18,1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18_Reducing Text MessaVing While Driving Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. Page 46 of 48 OMB Approved No. 1505-0271 Expiration Date:11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Asa condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts o£guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U.S.C.§2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166;directives;circulars;policies;memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs, services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit httn://www.len-.aov. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-grantee,contractor,subcontractor,successor,transferee,and assignee shall comply with Title VI of the CivilRights Act of 1964,which prohibits recipients offederal financial assistance from excluding from a program or activity,denying benefits of,or otherwise discriminating against person on the basis ofrace,color,or national origin(42 U.S.C.§2000d et seq.),as implemented by the Department of the Treasury's Title VI regulations,31 CFR Part 22,which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also includes protection to persons with Limited English Proficiency"in any program or activity receivingfederal financial assistance,42 U.S.C.§2000d et seq.,as implemented by the Department of the Treasury's Title H regulations,31 CFR Part 22,and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any Page 47 of 48 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VL. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Tina Boan oe9'aa'zoz,n8o',1.T 9Boao400 Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of information is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department ofthe Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB. Page 48 of 48 ..... I 70 V;"�';�' IIIIIIIIII IIIIIIIIIIIIIIIIIIIIII Z O a--; 217 E u O D _N (N W +J CC a0 0 // l � p O 4-1 O z rr N Q W i / rf // r r � U r / �/, /�/ y/ % M W r /r / jru ' f , Q%/%rli// r rJ % �'/ /r p J LL /O// BlIffir / m// O/% '�% l r tn 0 i i / /�/ r / r i4-1 LL O // ' / �r r 'i ri i r / ,r it rf, O Q I/ofr r. A r If I/ N_ W in �r W �� W — O � r 1 - / /� � W can LL N li (/) J Q N o Z 0 > W m a u 0 O w V ~ V 0 0 � W H 0 � 0 4vl I ti 2022 / 2023 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2023 RECEIPT# 30140-23837 Business Name: SEA TECH OF THE FLORIDA KEYS INC Owner Name: ROBIN SZMANSKY Business Location: BIG PALOMINO HORSE TRL BIG PINE KEY, FL 33043 Mailing Address: PO BOX 420529 Business Phone: 305-872-0888 SUMMERLAND KEY, FL 33042 Business Type: CONTRACTOR (CERTIFIED BUILDING) Employees 15 STATE LICENSE: CBC1259331 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 35.00 0.00 35.00 0.00 0.00 0.00 35.00 Paid 000-21 -00039653 07/28/2022 35 . 00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC,Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2023 Business Name: SEA TECH OF THE FLORIDA KEYS INC RECEIPT# 30140-23837 131 PALOMINO HORSE TRL Business Location: BIG PINE KEY, FL 33043 Owner Name: ROBIN SZMANSKY Mailing Address: Business Phone: 305-872-0888 PO BOX 420529 Business Type: CONTRACTOR (CERTIFIED BUILDING) SUMMERLAND KEY, FL 33042 Employees 15 STATE LICENSE: CBC1259331 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 35.00 0.00 35.00 0.00 0.00 0.00 35.00 Paid 000-21 -00039653 07/28/2022 35 . 00 r„� DATE(MMIDDIYYYY) A[..JµR" CERTIFICATE OF LIABILITY INSURANCE 3/3/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Key West Insurance PHONE FAX 646 United Street,Suite 1 -(A/C�No,Ext):305-294-1096 (A/C.No):305-294-8016 Key West FL 33040 ADDRESS: INSURER S AFFORDING COVERAGE NAIC p I..acense# I..500460 INSURER A:Travelers,,CasualtXhNsurance Company of America 19046 „ INSURED C l::::::A:rl:::::r.",H,02 INSURER B: Sea Tech of the FI Keys, Inc. PO Box 420529 INSURER C: Summerland Key FL 33042 INSURER D: INSURER E. INSURER F: COVERAGES CERTIFICATE NUMBER:944640669 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 ALI.. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR nnnl cl BR- POLICY EFF 1 POLICY EXP LTR TYPE OF INSURANCE POLICYNUMBER M DD YYYY MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGu I::r`'O RI::NTFI:➢ CLAIM;;-MADE OCCUR GTf+k::tiv60S"G:S QEa axx%rYfi::eot* "S V41!!:!H:)I1::::XF1 QAny one ruarvx�r a PERSONAL&ADV INJURY S GIZ PI1 A(X,RIZ G,AI Z H...RMY A ofaH VIZS f IZR GENERAL AGGREGATE G.;A'rE POLICY I.nIR JECT Loc PRODUCTS COMINw'P AGO 3 +'e AUTOMOBILE LIABILITY y BASI..470514 3M/2022 314/2023 COMMNG:0SGNGLEL.007 Sb.000.000 accienrnI) X ANY AUY"0 L.r00H..Y VNJURY(YPef LDerwnp S OWtVNIZ0 ".I LI D DL I,:r) AUT(:)S ONLY AUTOS I?i�CDd)GH...Y GfS,GL.dIRY Irna.�i..<aa:uc0a*rrgS S X :IORED X S AUTOS ONLY AUTOS ONLY Y,P OaFI�nTY DAMAGE a,..... UMBRELLA LIAB (;aG,C°;q,I R EACH OCCURRENCE S EXCESS LIAB CH..AI MS-P,Po.+tDIE AGGREGATE ____ELL)___ GTG:tG::Nt OLhN S �d�' �' S ��WORKERS COMPENSATION��_ A PER O'rH- ANDEMPLOYERS LIABILITY EL FAATUT4n 1:::1; STATUTE YIN AIVYPRC1PRVG.T!)68l PAR ^8G I-&JG`.btG.CA.J'TV'V"G NIA 'I' _, a °. C'CIDENT S C:DI'�=1 Ir I Pt9VMRl':VMRI)I htle)tr�;H...L�Jd)I_fll)° �� andatory in NH) 22 V dyes descri'.)e 4"➢V-'4")Ir'G:f7:ATV4,")1�85 Pm3Vt a .... ,.,2��......., - r_0 u)V,I.A,fI,w .A VhPo 6.a0...GDk'I ;h VC yes a9 s,r.0114 u�ra9r.r I ^�'�,�,,, ". �.' d :L DISEASE g8.nE-PULOC"'P'LIMIT S WAW DESCRIPTION OF OPERATIONS,V LOCATIONS f VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached if more space is required) Not subject to cancellation,Irnolrnrelrnewal,material change or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the Insurer CERTIFICATE HOLDER CANCELLATION 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. Insurance Compliance PO Box 100065 AUTHORIZED REPRESENTATIVE Duluth GA 30096 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SEATE-1 OP ID:RH CERTIFICATE OF LIABILITY INSURANCE D 02/28/2IYo22 o2r28r2z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsements. PRODUCER 305-741-7373 c cT Rebecca Horan Keys Anchor Insurance Agency PHONE 305-741-7373 FAX 844-269-7923 Rebecca Horan A1G No,Ext: FAX No PO BOX 420308 -MAI Summerland Key, FL 33042 Rebecca Horan INSURERS AFFORDING COVERAGE NAIL 9 INSURER A:Continental Casualty Company 20443 NS RED INSURER B:Kinsale Insurance Co 38920 S�eaTech of the FI Keys Inc 131 Palomino Horse Trail INSURERC: Big Pine Key,FL 33043 NSURERD: IN RR INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IITR NSR TYPE OFINSURANCE ADDLSUBR pOLICYNUMBER POLICY EFF POLICYEXP LIMITS B X COMMERCIAL GENERAL LIABILITY I 1,000,000 EACH OCCURRENCE S CLAIMS-MADE [g]OCCUR X X 01000816183 03/01/2022 03/0112023 DAMAGE TO RENTED S 100,000 MEDEXP LAny oneperson) S eXcl PERSONAL&ADV INJURY S 1,000,ODO GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 2,000,000 POLICY❑jpa' El LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: 5 AUTOMOBILE LIABILITY + COMBINED SINGLE LIMIT S ANY AUTO u � BODILY INJURY Per person) 5 AAUTOS ONLY AUTOSULED �, w " m„ 99��gg ryry....pp BODILY INJURY Per accident S Al1TOS ONLY AON ON�Y PeOacc dent AMAGE S 2/28/22 UMBRELLA LIAR OCCUR EACH OCCURRENCE 5 _T EXCESS LIAB HCLAIMS-MADE AGGREGATE S DED RETENTION$ S A WORKERSCOMPENSATION X PER OT}f- AND EMPLOYERS'LIABILITY YIN 46-885792-01-09 03/01/2022 03/01/2023 „ 1,000,000 ANY PROPRIETORIPARTNEWEXECUTIVE E.L.EACH ACCIDENT S OFFICERlMEMBER EXCLUDED7 N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,DDD,ODD If yyes,describe urder 1,OOD,OOD DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 DESCRITTION OF OTERATIONS I LOCATIONS I VEHICLES (ACORD 7D4,Additional Remarks Schedute,maybe attached It more space is required) License#CBC-1259331 Not subject to cancellation, nonrenewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the Insurer CERTIFICATE HOLDER CANCELLATION MCBOCC2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance PO BOX 100085 AUTHORIZED REPRESENTATIVE Duluth,GA 30096 Rebecca Horan ACORD 25(2016103) ©1988-2015 4CORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MEMORANDUM TO: OMB /PURCHASING DEPARTMENT CC: WILL-LAM DESANTIS, CHRISSY COLLINS,AND KEVIN WILSON FROM: PATRICIA FABLES,ASSISTANT MONROE COUNTY ATTORNEY RE: EMERGENCY WAIVER OF COMPETITIVE PROCUREMENT PROCEDURES FOR REPLACEMENT OF SHOWERS DUE TO MOLD GROWTH AT THE STOCK ISLAND FIRE STATION, KEY WEST, FLORIDA DATE: DECEMBER 21,2022 BACKGROUND Chrissy Collins, Building Administrator for Facilities Maintenance, advised they had recently discovered that the showers at the Stock Island Fire Station located at 5655 MacDonald Avenue, Key West, Florida, had a critical issue of mold growth in the walls of the shower stalls located within the Fire Station building. The Stock Island Fire Station is occupied not only by the Monroe County Fire Rescue personnel, but now also by the MCSO Trauma Star nursing staff. Staff contacted the Facilities Maintenance Department and expressed their concerns about the mold growth in the shower stalls and continued use of the showers by staff who were being exposed to the mold on a daily basis. Facilities Maintenance staff investigated further by removing some sections of the wall and then discovered the extensive mold growth in the shower walls. Collins knew they needed to take immediate action initially to at least remove the walls, which had the mold growth, to prevent any further damage to the showers and to prevent additional health concerns that could arise for the staff who utilize those showers. Any mold growth within a building/facility, when left untreated, will only worsen, and can cause respiratory issues for anyone within the vicinity of the mold growth on a continual basis. When Fire Rescue personnel are on duty, they are at the fire station for an extended period over several days and must utilize those showers. This creates a life and safety issue for staff,particularly any staff that may already experience respiratory problems. Additionally, there was concern that the mold growth could spread to other parts of the Fire Station as well if the immediate action was not taken to remove the damaged walls once the mold had been discovered. The decision was made to remove the walls on shower one to determine what, if any, mold damage was present. After discovering the mold, shower two had similar indications of mold growth, but the walls have not yet been removed. Both showers were closed to prevent any further exposure until a contractor could be found to address the situation and replace the showers. However, this has resulted in all 1 staff, including the Trauma Star nurses, having to use what is designated as the Captain's shower. So,you now have approximately fifteen (15)people with only one shower that is functional at the Fire Station. Due to the urgency of the matter, Collins contacted Sea Tech, Inc.,who had recently replaced similar showers at the Big Pine Key Fire Station for the Facilities Maintenance Dept., to obtain a quote for the required repairs. It was determined that the grout on the shower walls was deteriorating, due to the age of the showers, and thus allowing water to leak through the walls. This water leakage then caused mold to form on the back side of the drywall in shower one and it is suspected that mold has also formed on the back side of the drywall in shower two. By immediately removing the drywall, this at least stopped further mold growth, but then made the showers unusable. This action was necessary though to provide a safe and healthy building for staff and stop any further exposure to the mold for health concerns. Staff in that Fire Station, however, are inconvenienced though as they now have only the one shower that must be shared by everyone on duty at the same time. Failure to immediately address the mold issue was not an option due to health concerns as well. DISCUSSION It is my opinion that the discovery of the mold growth within the walls of the showers of the Stock Island Fire Station at 5655 MacDonald Avenue created a health and safety threat to the Fire Rescue personnel and Trauma Star nurses who work in that environment and utilize those showers. As such, it met the criteria of an"emergency"as defined in Section 2-347 of the Monroe County Code and Chapter 7(B)of the County Purchasing Policy. The immediate action to remove the walls and close the two showers, followed by contacting Sea Tech for the inspection and to obtain a quote was warranted by Collins in proceeding in this expeditious manner as soon as possible once it was confirmed that mold was the problem. Their failure to timely act would have resulted in more damage from the mold growth. Under the County Purchasing Policy in Chapter 7(B)1, the purchase of such commodities and services may be obtained in the event of a public emergency when the public emergency will not permit a delay resulting from the competitive solicitation process. The Facilities Department and other County Departments have utilized the services of Sea Tech in the past and they were a contractor that was local and familiar with County policies. Collins contacted Sea Tech for the service and the Proposal is attached for its services, which included replacing the shower floor tiles and all drywall. The Proposal in the amount of$5,716.98 is for the replacement of two showers, painting, and cleanup. Since Facilities Maintenance staff was able to complete the work to remove the shower walls, this reduced the expense of having the contractor perform that work and stopped further mold growth in a timely manner. With the repair amount being less than $50,000.00, staff followed the procedures of the Purchasing Policy, for 2 obtaining the emergency services without the need to obtain additional quotes which would have exacerbated the mold problem due to a further delay. The request for the emergency services by Sea tech would not only qualify as an emergency under the Purchasing Policy, but also under various provisions of the Monroe County Code Sec. 2- 347(k)(1) in that it is (a) an immediate danger to the public health or safety; (b) a danger of loss of public or private property that requires immediate government action; and (c) an interruption in the delivery of an essential governmental service. Further damage would have resulted had staff not taken immediate action to remove the mold ridden walls once the mold was discovered and stopped use of those showers. There was also the health concern of exposing Fire Rescue staff and the Trauma Star nurses to the mold for extended periods if the showers were not closed. In addition,the need for the emergency services by Sea Tech is further warranted because the showers within the building could have been damaged even more so than they already were or potentially a total loss had the mold problem gone unnoticed and/or untreated by further delay. Additionally, Fire Rescue personnel often return from service calls, which warrant the immediate need for showers, and they are now limited to only one shower that can be utilized. They potentially could be summoned for another service call even prior to all personnel being able to even have a shower before that next call. CONCLUSION It is my opinion that the discovery of the mold growth in the showers at the Stock Island Fire Station and the removal of the damaged walls by Facilities Maintenance was the proper action to take to prevent further damage. Collins action to seek the quote from Sea Tech, Inc. was also appropriate given they had only recently completed a similar shower repair for another location in which they were selected as the lowest bidder for that project. Sea Tech was also familiar with the services that were needed by staff to complete these repairs and submitted the attached Proposal for this project as requested. The foregoing circumstances, as explained to me, constitute an emergency for purposes of Section 2-347,Monroe County Code and Chapter 7(B),Monroe County Purchasing Policy. Thus, staff was warranted in requesting that Sea Tech promptly submit the Proposal to complete the work without the necessity of obtaining additional competitive bids. If staff had to obtain additional bids, the mold would have continued to grow and incur further damage and thus increasing the costs for repairs and inconvenience Fire Rescue staff and the Trauma Star nurses even longer. In processing the emergency purchase request, however, staff should submit the Proposal from Sea Tech, Inc., along with this Memo and all other required supporting documentation as required by the Purchasing Policy, in its submission to OMB for payment. It is also my opinion that an agenda item will not be necessary since the total costs for these services is less than $50,000.00 so the emergency services may be approved pursuant to the purchasing levels as set forth in Chapter 2, Section F. of the Purchasing Policy. If you wish to discuss this repair further, I am available for discussion. 3