Item C19 C.19
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
February 15, 2023
Agenda Item Number: C.19
Agenda Item Summary #11685
BULK ITEM: Yes DEPARTMENT: Fleet Management
TIME APPROXIMATE: STAFF CONTACT: Daryl Greenlee (305)292-3452
N/A
AGENDA ITEM WORDING: Approval to renew the existing contract with Dion Fuels LLC for
one-year term beginning March 15th, 2023.
ITEM BACKGROUND: Approval to renew existing contract with Dion Fuels LLC for one year
term, beginning March 15th, 2023. The initial agreement was for a period of one (1)year,
commencing on the day in which it has been approved by the BOCC. The agreement provides that
the County shall have the option to renew this agreement for three (3) additional one (1)year
periods.
PREVIOUS RELEVANT BOCC ACTION:
On February 16th, 2022 the Board approved execution of the current contract with Dion Fuels, LLC.,
(BOCC Item C.11 AIS 410164)
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Dion Fuel First Extension -rev
Dion Fuels - fully executed contract w Monroe County
Approved Agenda- BOCC 2.16.22
COI- Dion llc 22 23 Signed by Risk-rev
FINANCIAL IMPACT:
Effective Date: March 15, 2023
Expiration Date: March 14, 2024
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C.19
Total Dollar Value of Contract: $450,000— approx.
Total Cost to County: $365,000 - approx
Current Year Portion:
Budgeted: Yes
Source of Funds: Approx. 50% ad valorem/25% non-ad valorem /25% gas tax
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: No
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: Yes
Additional Details: N/A
REVIEWED BY:
Daryl Greenlee Completed 01/26/2023 9:41 AM
Kevin Wilson Completed 01/27/2023 9:18 AM
Christina Cory Completed 01/30/2023 8:31 AM
Purchasing Completed 01/30/2023 10:22 AM
Budget and Finance Completed 01/30/2023 11:38 AM
Brian Bradley Completed 01/31/2023 9:03 AM
Lindsey Ballard Completed 01/31/2023 9:41 AM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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C.19.a
FIRST RENEWAL OF AGREEMENT BETWEEN MONROE COUNTY AND DION
FUELS,LLC
THIS AGREEMENT is made and entered into this 20th day of February 2023 between
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040 and DION FUELS LLC., a Florida Corporation,
to renew the agreement between the parties dated February 16th, 2022.
WHEREAS, on February 16th, 2022, the parties entered into an agreement to provide fuel
services for Monroe County, and
WHEREAS, the term of the initial agreement provides the County with the option to renew the
Agreement for four(4) additional one(1) year periods beginning March 15th, 2023, and
WHEREAS, all other terms of the Agreement between the parties, dated March 15th 2022, g
remain in full force and effect.
NOW, THEREFORE,pursuant to the terms of the original Agreement, the parties agree to g
renew the Agreement for one(1) additional year beginning on March 15th 2023.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year >
first written above. '
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(SEAL)
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS w
OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairman g
WITNESSES: DION FUELS, LLC
ate. ; /Witness 1 '
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W, nes Print Name
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Title
.i p}axrF�d as to fimn and k°gat scalkifsart'.,.
Moracoe Countv,A.ttoiney`s Office
(:'du: K..stnm 'car,,Assast-eak(:owty Attome,
1/19/23
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Kevin Madok, CPA
_Clerk of the Circuit Court&Comptroller Monroe County, Florida
DATE: February 24, 2022
TO: Daryl Greenlee, Director
Fleet Management -�
Tammy Acevedo
Executive Assistant
FROM: Pamela G. Hanc k, .C.
SUBJECT: February 16'BOCC Meeting
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Attached is a copy of die following item for your handling:
C11 Contract between Monroe County and Dion Fuels, LLC for fuel delivery.
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Sliould you have any questions please feel free to contact me at(305) 292-3550.
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cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway ' 88820 Overseas Highway 60 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan
305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 781
C.19.b
SECTION THREE --CONTRACT
CONTRACT BETWEEN MONROE COUNTY AND CONTRACTOR FOR
UNLEADED GASOLINE AND IESEL FUEL SUPPLIER
THIS AGREEMENT, made and entered into this 16th day of February 2022
by and between the MONROE COUNTY, a political subdivision of the State of Florida
hereinafter called "County" and DION FUELS, LLC., a Florida corporation, hereinafter called
"Vendor" or"Contractor`.
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WITNESSETII:
WHEREAS, the County maintains gasoline and diesel fueling facilites throughout
Monroe County for purposes of fueling County vehicles; and
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WHEREAS, the Vendor is qualifed, properly equipped and is in the business of
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providing gasoline and diesel fuel to fueling facitlies, now, therefore
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IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter 0
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contained, the parties hereto do hereby agree as follows:
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1. DESCRIPTION SCOPE OF SERVICES/PROJECT
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A. The Vendor shall deliver Low, Medium, or High Octane Gasoline as requested by
the County and Ultra Lowy Diesel Fuel (Clear and Dyed) to locations in the Ivey West, Marathon,
Plantation Ivey, and Key Largo areas as requested by the ordering Monroe County and School a
Board departments and on the dates requested by such departments. Fuel shall be delivered the �.
next clay if requested by 4:00 p.m.
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B. Deliveries will be in quantities of less than One Hundred (100) gallons to Seven
Thousand (7,000) gallons (Full .tanks). The Vendor shall have a metered tanker for all deliveries
and shall be required to itemize invoices for each delivery under this provision.
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C. Upon request by the County, Vendor shall provide documentation supporting
most recent pump meter certification.
D. All Monroe County deliveries must be supervised and delivery tickets must be
signed and dated by Monroe County personnel.
E. The Vendor shall have the capability to pump fuel into elevated and/or W
aboveground tanks through standard quick detachable couplings. E
F. The Vendor shall prioritize the County and have ability to provide daily deliveries
of gasoline and diesel to multiple locations after a hurricane, natural disaster, or other emergency
for as long as the need exists.
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2. TERM OF CONTRACT 0
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A This Agreement shall be fora period of One (1) year corn 0mencing on March 15, 2022 2
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B, The County shall have the option to renew this Agreement after the first year, for four
(4) additional one (1) year periods.
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3. HOLD HARMLESS 4-
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
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Contract, Vendor shall defend, indemnify and hold the County and the County's elected and C
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appointed officers and employees harmless from and against (1) any claims, actions or causes of
action, (11) any litigation, administrative proceedings, appellate proceedings. or other
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proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (111) any costs or expenses (including, without limitation, costs
imposed b) any governmental agency by reason of', or in connection with a violation of any
federal law or regulation, attorney's fees and costs, court costs, fines and penalties) 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 Vendor or any of its employees, agents, contractors or
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other invitees during the term of this Agreement, (B) the negligence or willful misconduct of
Vendor or any of its employees, agents, contractors or other invitees, or (C) Vendor'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 Vendor). 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 U.
Agreement or any earlier termination of this Agreement.
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4. INSURANCE
Prior to execution of this agreement the Vendor shall furnish the County Certificates of
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Insurance indicating the minimum coverage limitations as stated and attached hereto in the U
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General Insurance Requirements for Suppliers of Goods or Services. 0
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5. PAYMENT
A. Price per gallon shall reflect Port Everglades Florida Terminal (RACK) charges.
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B. Monroe County may not be charged more than the following prices listed above
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market (RACK) price from date delivered. 0
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Unleaded Gasoline (Any Octane) Ultra ow L Sulfur Diesel {dear and L3 edU.
$ 0.059 Key West $ 0.069 Key West
$ O.049 Sugarloaf $ 0.059 Sugarloaf
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$ 0.039 Marathon $ 0,049 Marathon
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$ 0.029 Plantation Key $ 0,039 Plantation Key
$ 0.029 Coral Shores S 0.039 Coral Shores
$ 0.019 Key Largo $ 0.029 Key Largo
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C. The Vendor shall submit invoices to the County, itemizing the delivery location,
the requesting department, the RACK prices, and all taxes, for each delivery to
the locations described herein. Invoices shall include supporting documentation
that is acceptable to the Clerk. Acceptability tote Clers is based on generally
accepted accounting principles and such laws, rules and regulations as may
govern the Clerk's disbursal of funds.
D Upon receipt of an Invoice the County shall have thirty days, in accordance with U-
the Florida Prompt Act, to render payment to Vendor.
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E. Gasoline and Diesel Fuel taxes must be itemized on each invoice.
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6 INDEPENDENT VENDOR 0
At all times and for all purposes under this Agreement the Vendor is an independent
Contractor and not an employee of the Board of County Commissioners for Monroe County. No
statement contained in this Agreement shall be construed so as to find the Vendor or any of 0
his/her employees, contractors, servants, or agents to be employees of the Board of Count}
Commissioners for Monroe County. X
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7, ASSURANCE AGAINST DISCRIMINATION U)
Vendor shall not discriminate against any person on the basis of race, creed, color, U-
national origin, sex, age, or any other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating. or any other area affecting employment Linder this
agreement or with the provision of services or goods under this Agreement.
8. ASSIGNMENT
Vendor shall not assign or subcontract this Agreement, except in writing and with the
prior written approval of the Board of County Commissioners for Monroe County, which
approval shall be subject to such conditions and provisions as the County may deem necessary.
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This Agreement shall be incorporated by reference into any assignment or subcontract and any
assignee or subcontractor shall comply. with all of the provisions of this Agreement. Unless
expressly provided for therein, such approval shall in no manner or event be deemed to impose
any obligation upon the County in addition to the total agreed-upon price of the services i`goo ds
of the Vendor.
9. COMPLIANCE WITH LAW
In providing all servicesigoods pursuant to this Agreement, the Vendor shall abide by all
laws, statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of,
such services, including those now in effect and hereinafter adopted. Any violation of said laws,
statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement
ands all entitle the County to terminate this Agreement immediately upon delivery of written
notice of termination tothe Vendor. The Vendor shall possess proper licenses to perform work 0
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in accordance with these specifications throughout the term of this Agreement. 0
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10. NOTICE REQUIREMENT
Any notice required or permitted under this Agreement shall be in writing and an
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delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
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For County: For Vendor: 4-
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Fleet Management Services Dion Fuels, LLC. a
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3583 S. Roosevelt Blvd, P.O. Box 1209
Key West, FL 33040 Key West, Florida 33041
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11. FUNDING AVAILABILITY
The County's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval ofthe
Board members at the time of contract initiation and its duration. In the event that funds from
Fleet Management Services operating Gasoline and Diesel Accounts are partially reduced or
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cannot be obtained or cannot be continued at levels sufficient to allow for the purchase of
services/goods specified herein, this Agreement may then be terminated immediately at the
option of the County by written notice of termination delivered in person or by mail to the
Vendor, The County shall only be obligated to pay for any goods delivered by the Vendor until
the Vendor has received written notice of termination due to lack of funds.
12. PROFESSIONAL RESPONSIBILITY
The Vendor warrants that it is authorized by law to engage in the performance of the
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activities encompassed by the project herein described, Subject to the terms and conditions set
forth in the Notice of calling for Bids. The Vendor shall at all times exercise independent, U-
professional judgment and shall assume professional responsibility forte services to be
provided. Continued funding by the County is contingent upon retention of appropriate local
state, an ""or federal certification and.°`or ficensure of Vendor. 0
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13, PUBLIC ENTITY CRIME STATEMENT 0
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
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services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
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property to public entity, and may not be awarded or perform work as a contractor, supplier
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
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for CATEGORY TWO ($35,000.00) for a period of 36 months from the date of being placed on a
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the convicted vendor list.
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14. TERMINATION
A. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CCU NTR-ACTOR should CONTRACTOR fail
to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
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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 ten-ninated for cause. If the COIJNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination. unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract,, however, the COUNTY reserves the right to assert and
seek an offset for darnages caused by the breach. The maximum amount due to
CONTRACTOR shall not in any event exceed the spending cap in this Agreement.
In addition, the COUNTY reserves all rights available to recoup monies paid under
this Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the COUNTY's False Claims Ordinance,
located at Section 2-721 et al, of the Monroe County Code. 0
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Te B. rmination for Convenience: "The COUNTY may terminate this Agreement for 0
convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay
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CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
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remaining in the contract. The maximum amount due to CONTRACTOR shall not 0
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exceed the spending cap in this Agreement 4-
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C. For Contracts of any amount, if the County determines that the Contractor has
submitted a false certification under Section 287,135(5). Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of(1) terminating the Agreement
after it has given the Contractor written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions or
Section 287.135(4). Florida Statutes, are rnet.
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D. For Contracts of $1,000,000 or more, if the County determines that the Contractor
Submitted a false certification under Section 287.135(5), Florida Statutes, or if the
Contractor has been placed on the Scrutinized Companies with Activities in the
Sudan List, the Scrutinized Companies with Activities in the [ran Petroleum Energy
Sector List, or been engaged in business operations in Cuba or Syria, the County shall
have the option of (1) terminating the Agreement after it has given the Contractor
written notice and an opportunity to demonstrate the agency's determination of false
certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2)
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maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes.
are met. U_
15. APPLICABLE LAWS AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the 0
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State of Florida applicable to contracts made and to be performed entirely in the State. 0
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In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Vendor agree that venue will lie
in the appropriate court or before the appropriate administrative body in the 16'�' Judicial Circuit
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in and for Monroe County, Florida.
The County and Vendor agree that, in the event of conflicting interpretations of the terms
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or a term oft is Agreement by or between any oft ern the issue shall be submitted to mediation 0
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prior tothe institution of any other administrative or legal proceeding. 4-
16. ATTORNEY' E ES AND COSTS U_
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The County and Vendor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative tote enforcement or interpretation of
this Agreemem, the prevailing party shall be entitled to reasonable attorney's fees, Court costs,
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant tothis Agreement shall be
in accordance with the Florida Rules of Civil Procedure and usual and custornary procedures
required by the circuit court of Monroe County.
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17. MAINT ENANCE OF BQOKSRECORDS AND DOCUMENTS & RIGHT TO AUDIT
Vendor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreemem for public
records purposes during the term of the Agreement and for Five (5) years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that U.
monies paid to Vendor pursuant tothis Agreement were spent for purposes not authorized by this
Agreement, the Vendor shall repay the monies together with interest calculated pursuant to Sec. U.
55.03, FS, running from the date the monies were paid tothe Vendor.
Rfight to Audit Availability qf Recortis. The records of the parties tothis Agreement relating
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to the Project, which shall include but not be limited to accounting records (hard copy, as well as U
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computer readable data if it can be made available, subcontract files (including proposals of
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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 0
entries detailing cash and trade discounts earned, insurance rebates and dividends; any other 2
supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of
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Court and Comptroller(hereinafter referred to as "County Clerk") to substantiate charges related 2%
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tot this agreement, and all other agreements, sources of information and matters that may in
County's or the County Clerk's reasonable jardgment have any bearing on or pertain to any
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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 County's representative and/or agents or the County Clerk. County or County
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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 <
cornputations, observing vendor and supplier payments, miscellaneous allocations, special
charges, verifying information and amounts through interviews and written confirmations with
employees, Subcontractors. suppliers. and contractors representatives. All records shall be kept
for ten (10) years after Final Completion of the Project. The County Clerk possesses the
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independent authority to conduct an audit of Records, assets, and activities relating to this
Project. If any auditor employed byte Monroe County or County Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Conti-actor shall repay the monies together with interest calculated pursuant to
Section 55,03, F.S., running for the date the monies were paid to Contractor. The right to awfil
provisions survives the termination of expiration of this Agreement,
I& SEVERABILITY
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If any term, covenant, condition or provision of this Agreement or the application .2
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent U_
by a Court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition
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and provision of this Agreement shall be valid and shall be enforceable to the fullest extent U
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permitted by law unless the enforcement of the remaining terms, covenants, conditions and 0-
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provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Vendor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible tote intent of the stricken
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provision.
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19. BINDING EFFECT 0
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The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Vendor and their respective legal representatives, Successors,
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and assigns. a
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20. AUTHORITY
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Each party represents and warrants to the other that the execution, delivery and
performance oft is Agreement have been duly authorized by all necessary County and corporate
action, as required by law.
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21. CLAIMS FOR FEDERAL OR STATE AID
Vendor and County agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed
as a result of funding that effect these services will be provided to each party.
22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Vendor agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If the issue
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or issues are still not resolved to the satisfaction oft e parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida law. U-
23. COOPERATION
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In the event any administrative or legal proceeding is instituted against either party U
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relating to the formation, execution, performance, or breach of this Agreement, County and 0-
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Vendor agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related tote substance of this Agreement or
provision of the services Linder this Agreement. County and Vendor specifically agree that no
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party tothis Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
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24. NONDISM RIMINATION.EQUAL, EMPLOYMENT OPPORTUNITY COAT ACT and COUNTY agree that there will be no discrimination against any
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person, and it is expressly understood that upon a determination by a court or competent a
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jurisdiction that discrimination has occurred, this Agreement automatically terminates without
any further action on the part of any party, effective the date of the court order. CONTRACTOR
and COUNTY agrees to comply with all Federal and Florida statutes. and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of
the Civil Rights Act of 1964 (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
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discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as arnended
(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 aniended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol use 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 [CSC 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
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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 US C s. 12101 Note), U_
as may be amended from time to tirne, relating to nondiscrimination on the basis of disability-,
10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of
race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or 0
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expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or 0
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state statutes which may apply to the parties to, or the subject matter of, this Agreement. 0
During the performance ofthis A reement, the CONTR-ACTOR, in accordance with Equal
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Eml)loymenl 0I)portunity (30 Fed. Reg. 123319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
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339), as arnended by Executive Order 11375, Amending Executive 0-der 11246 Relating to
Equal Employment 01-)I)orl tinily, and implementing regulations at 41C.F.R. Part 60 (Office of
Federal Contract Cony fiance Programs. Equal Employment Opportunity, Department of
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Labor). See 2 C.F.R. Part 200, Appendix 11,1 C, agrees as follows: 4-
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1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
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employees are treated during employn-tent, 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 toemployees and applicants for employment. notices to be
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provided setting forth the provisions oft is nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation. gender identity,
or national origin.
3) The contractor will not discharge or in any other manner discriminate against any
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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 u-
employee or applicant. This provision shall not apply to instances in which an employee who
has access tote compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or 0
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applicants to individuals who do not otherwise have access to such information, unless such 0-
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0
disclosure is in response to a formal complaint or charge, in furtherance of all investigation,
proceeding, hearing, or action, including an investigation conducted byte employer. or is
consistent with the contractor's legal duty to furnish information.
0
4) The contractor will send to each labor union or representative of workers with which it
X
has a collective bargaining agreement or other contract or understanding, a notice to be 0
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75
provided advising the said labor union or workers' representative of the contractor's 4-
commitments under this section, and shall post copies of the notice in conspicuous places
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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
I Packet Pg. 794
compliance with such rules, regulations, and orders.
7) In the event of the contractor's noncompliance with the nondiscrimination clauses oft is
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other W
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
U_
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law. U_
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 0
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unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to 0-
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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
0
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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
X
with a subcontractor or vendor as a result of such direction by the administerin9 agency, the
contractor may request the United States to enter into such litigation to protect the interests of
the United States.
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25. COVENANT OF NO INTEREST County and Vendor covenant that neither presently
has any interest, and shall not acquire any interest. which would conflict in any manner or degree
with its performance under this Agreement, and that the only interest of each is to perform and
receive benefits as recited in this Agreement.
26. CODE OF ETHICS County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.3 13. Florida Statutes, regarding. but not limited to, solicitation or
I Packet Pg. 795
acceptance of gifts; doing business with one®s agency: unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship-, and disclosure or use of
certain information.
27. NO SOLICITATIOMIPAYMENT The County and Vendor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
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employee working solely for it, any fee, commission, percentage, gift, or other consideration .2
contingent upon or resulting froth the award or making of this Agreement. For the breach or U_
violation of the provision, the Vendor agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage. gift, or consideration. 0
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28. PUBLIC ACCESS The County and Vendor shall allow and permit reasonable access to, 0
and inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
0
County and Vendor in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation oft is provision by Vendor.
X
Contractor must comply with Florida public records laws, including but not limited to 0
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75
Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The 4-
County and Contractor shall allow and permit reasonable access to, and inspection of, all
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documents, records, papers, letters or other "public record" materials in its possession or Linder
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 attorneys fees and costs associated with that proceeding. This provision
shall survive any termination or expiration of the contract,
Packet Pg. 796
The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to,
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy W
of the requested records or allow the records to be inspected or copied within a reasonable time
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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 tote County. 0
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(4) Upon completion of the contract, transfer, at no cost, to the County all public records in 0-
a
possession of the Contractor or keep and maintain public records that would be required by the 0
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
0
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exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, the Contractor
X
shall meet all applicable requirements for retaining public records. All records stored 0
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electronically must be provided tote County, upon request from the County's custodian of 4-
records, in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly tote County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract, notwithstanding
the County's option and right to unilaterally cancel this contract upon violation oft is provision
by the Contractor. A Contractor %Arho fails to provide the public records tote County or pursuant
I Packet Pg. 797
to a valid public records request within a reasonable time may be subject to penalties under
section l 19.10, 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 HE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN&bMMONNROECOUNTY-FL.GOV1_ MONROE COUNTY
TH St
ATTORNEY'S OFFICE 1111 12 reet, SUITE 408, KEY WES
0
33040. U
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29. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of See. 768.28, Florida 0
Statutes, the participation oft e County and the Vendor in this Agreement and the acquisition of
any commercial liability insurance coverage. self-insurance coverage, or local government
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liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any Agreement entered into by the County be required to contain any
X
provision for waiver, 0
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30. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability.
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply tothe activity of officers, agents, oremployees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and E
extent to the performance of such functions and duties of such officers, agents, Volunteers, or
employees outside the territorial limits of the County.
31. LEGAL OBLIGAI IONS AND RESPONSIBILITIES: Non-Delegation of Constitutional
or Statutory Duties, 'rhis Agreement is not intended to, nor shall it be construed as, relieving any
I Packet Pg. 798
participating entity from any obligation or responsibility imposed upon the entity by law except
tote extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
32. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon
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the terms, or any of them® of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder. and the u-
County and the Vendor agree that neither the County nor the Vendor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits 0
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under this Agreement separate and apart, inferior to, or superior to the community in general or 0
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for the purposes contemplated in this Agreement.
33. XrTESTATIONS Vendor agrees to execute such documents as the County may
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reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
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0
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34. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be 4-
deemed to be a covenant or agreement of any member, officer, agent oremployee of Monroe
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County in his or her individual capacity, and no member, officer, agent oremployee of Monroe C
.2
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
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35. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may, execute this Agreement
by signing any such counterpart.
Packet Pg. 799
36, SECTION HEADINGS Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
37. MUTUAL REVIEW This Agreement has been carefully reviewed by the Vendor and the
County, therefore this Agreement is not to be construed against either party on the basis of
authorship.
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38. UNCONTROLLABLE CIRCUMSTANCES Any delay or failure of either Party to
perform its obligations tinder this Agreement will be Mused to the extent that the delay or U-
failure was caused directly by an event beyond such Party's control, without such Party's fault or a
negligence and that by its nature could not have been foreseen by such Party or, if it could have
0
been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical U
0
0
storm. hurricane or other declared emergency in the geographic area oft Scope of Services; (c)
0
war. invasion, hostilities (whether war is declared or not)® terrorist threats or acts. riot, or other 2
civil unrest in the geographic area of the Scope of Services-, (d) government order or law ill the
geographic area of the Scope of Services. (e) actions, embargoes, or blockades in effect on or
0
after the date of this Agreement; (f) action by any governmental authority prohibiting work in the
geographic area of the Scope of Services;(each, a "Uncontrollable Circumstance").
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CONTRACTOR'S financial inability to perforars® changes in cost or availability of materials, 0
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components. or services, market conditions, or Supplier actions or contract disputes will not 4-
excuse performance by Contractor tinder this Section. Contractor shall give County written
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notice within 7 days of any event or ch-CUrnstance that is reasonably likely to result in C
1 0
an Uncontrollable Ch-CUrnstance, and the anticipated duration of such Uncontrollable B
Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance,
E
ensure that the effects of any Uncontrollable Circumstance are minimized and resume full
performance under this Agreement. The County will not pay additional cost as a result of an
Uncontrollable Circumstance. The Contractor ma) onIN seek a no cost Change Order for such
reasonable time as the Owners Representative may deterrnine.
Packet Pg. 800
39. E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with F.S. 448.095. the
Contractor and any subcontractor shall register with and shall utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new
employees hired byte Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant tothe 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
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with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject
to the provisions of F.S. 448.095 u_
40, FEDERAL CONTRACT REQ1jlREMENTs
The CONTRACTOR and its subcontractors must follow the provisions, as 0
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applicable, as set forth in 2 C,F,R. §200.326 Contract provisions and Appendix 11 to 2 0
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C.F.R. Part 200, as amended, including but not limited to:
Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
0
program legislation, which includes emergency Management Preparedness Grant Program.
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
X
Security Grant Program, Port Security Grant Program and Transit Security Grant Program, 0
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all prime construction contracts in excess of$2,000 awarded by non-Federal entities must 4-
comply with the Davis-Bacon Act (40 U,S,C. §§3141-3144, and §§3146-3148) as
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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
E
to laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made byte Secretary of Labor. In addition, contractors must be required to
pay wages not less than once a week. If' applicable, the C01JNTY must place a Current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The COUNTY must report all suspected or reported violations to the
I Packet Pg. 801
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
u_
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public .2
Building or Public or Financed in Whole or in Part by Loans or Grants from the United u_
States"). As required by the Act, each contractor or say breciplent is prohibited from inducing, by
any means, any person employed in the construction, completion, or repair Of public work, to
give tip any part of the compensation to which lie or she is otherwise entitled. The COLYNTY 0
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must report all suspected or reported violations tothe Federal awarding agency, 0
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(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U&C 145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference
into this contract.
0
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause
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0
above and such other clauses as the FEMA may by appropriate instructions require, and also
4-
a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
.2
The prime contractor shall be responsible for the compliance by any subcontractor or lower
u_
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. E
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
I Packet Pg. 802
Subcontractor, within seven days after the regular payment date of' the payroll periods to a
representative of a Federal or State agency in charge at the site of the building or work,
Contract Work Hours and Safe Standards Act (40 U.S,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 taborer 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 U-
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.2
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 0
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conditions which are unsanitary, hazardous or dangerous. These requirements do not apply tothe 0-
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purchases of supplies or materials or articles ordinarily available on the open market, or contracts 0
for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
0
(1) Overtime i-equirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
X
require or pern-rit any such laborer or mechanic in any workweek in which he or she is employed 0
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on such work to or in excess of forty hours in such workweek unless such laborer or mechanic 4-
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
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hours worked in excess of forty hours in such workweek,
(2) Violation,- liabilityfor unjmid iiage ,- liquicialed danukifes, In the event of any violation of the
clause set forth in paragraph 29 CER. § 5.5(b)(1) the contractor and any subcontractor
E
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 guard., employed in violation of the clause set forth in paragraph 29
1 Packet Pg. 803
C.F.R. § 5.5 (b)(1 )b 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 byte clause set forth in paragraph29 C.F.R. § 5.5 (b)(1),
(3) fVithholdingcar® unl)(tict wages and liquidated clamages. 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
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same prime contractor, or any other federal ly-assi sted contract subject tote Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may u-
be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. §
5.5 (b)(2). 0
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(4) 5ubconlracls. The contractor or subcontractor shall insert in any subcontracts the clauses set 0-
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forth in paragraph 29 C.F.R, § 5.5 (b)(1) through (4) and also a clause requiring the 0
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
0
set fort h in paragraphs 29 C.F.R. § 5.5 (1) through (4).
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Rihts to Inventions Made Under a Contract or Ag�eement. If the Federal award meets the 0
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75
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient 4-
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
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substitution of parties, assignment or performance of experimental, developmental, or research
work Linder that "funding agreement," the recipient or SLIbrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
E
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
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any implementing regulations issued by the awarding agency.
Clean Air Act (42 U.S.C. 7401-767
1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended (42 U3,C. §§7401-767]q) and the Federal
I Packet Pg. 804
Water Pollution Control Act, as amended (33 U` S.C. §§1251-1387) and will report violations to
FEMA"Tederal 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 sub rants of amounts
in excess of$150,000. The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided by
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
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assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office.
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Debarment and Suspension (Executive Orders 12549 and 126 89 contract award under a
I--A
covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the
govern mentwide exclusions in the System for Award Management (SAM), in accordance with 0
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the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 0-
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0
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension"
and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement
Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended,
0
or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549. SA M exclusions can be accessed at
X
�Nyv�ww.sam�. )gy,. Contractor is required to verify that none of the contractor's principals (defined at 0
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2 C.F.R, §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 4-
C.F.R. §180,940) or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply
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with 2 C.F.R. pt. 180, subpart C and 2 C.F. 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
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determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F. pt.
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3000, subpart C. in addition to remedies available to the COtINTY, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment.
Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring
I Packet Pg. 805
such compliance in its lower tier covered transactions.
Byrd Anti-Lobbying AxBien dment_(3l U.S.C. § 1352) Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer oremployee 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. §
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1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in .2
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up U_
to the recipient who in turn will forward the certification(s) to the awarding agency. If award
exceeds $1 00A, the attached certification must be signed and submitted by the contractor to the
COUNTY.) 0
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Compliance with Procurement of recovered materials as set forth in 2 CFR 2032 0
3 2
3:
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
0
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,
X
consistent with maintaining a satisfactory level of competition, where the purchase price of the 0
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item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year 4-
exceeded $10,000; procuring solid waste management services in a manner that maximizes
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energy and resource recovery; and establishing an affirmative procurement program for C
0
procurement of recovered materials identified in the EPA guidelines. In the performance or this B
contract, the Contractor shall make maximum use of products containing recovered materials
E
that are EPA-designated items unless the product cannot be acquireca
1. Competitively within a timeframe providing for compliance with (he contract performance
schedule;
2. Meeting contract performance requirements; or
1 At a reasonable price.
Packet Pg. 806
C.19.b
Information about this requirement: along with the list of EPA-designated items, is available at
EPA`s Comprehensive Procurement Guidelines web site,
tt s.r'.,` .epa. ov"smrn�'comprehensiveprocu ent-
uideline-cp -pro rare.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act.
Prohibition on certain telecommunications and video surveillance services or eq i r) ent as set
forth in F �200. 1 o Recipients and su reci ie is and their contractors and subcontractors U)
may not obligate or expend any federal funds to (1) Procure or obtain; ) Extend or renew
a contract to procure or obtain; or ) Enter into a contract (or extend or renew a contract) to g
procure or obtain equipment, services, or systems that uses covered
telecom unications equipment or services as a substantial or essential component of any system, V p0q
or as critical technology as part of any system. As described in Public Law I 1 -232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei 0
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
i) For the purpose of public safety, security of government facilities, physical security
0
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). 75
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(ii ) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director of
the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to, the
government of a covered foreign country.
Domestic preference for pr cureent _mas._._setforth i. ... ....CFR_§290.322�T e COUNTY and
CONTRACTOR should, to the great extent practicable, provide a preference for the purchase,
Packet Pg. 807
acquisition, or use of goods, products, or materials produced in the United States (including but
not limited to iron, aluminum, steel, cement, and other manufactured products). These
requirements of this section must be included in all subawards including contracts and purchase
orders for work or products under federal award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States. (2) "Manufactured products" means items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and
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lumber.
Americans with Disabilities Act of 1990, as amended_(APA) The CONTRACTOR will
0
comply with all the requirements as imposed by the ADA, the regulations of the Federal U
0
0
government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto.
a
0
Disadvantaged Business Enterprise (DBE) Policy and Obligation ® It is the policy of the
COLNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
0
participate in the performance of contracts financed in whole or in pail with COUNTY funds
under this Agreement. The DBE requirements of applicable federal and state laws and
X
regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that 0
2%
75
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
U_
C.FK § 200.321(as set forth in detail below), applicable federal and state laws and regulations
to ensure that the DBE's have the opportunity to compete for and perform contracts. The
COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of
E
race, color, national origin or sex in the award and performance of contracts, entered pursuant to
this Agreement.
2 CY.R. §..299.321 CONTRACTING wiTH SMALL AND MINORITY BUSINESSES,
............--——----------------------------------------_ .............
WOMEN'S BUSINESS ENTERPRISES- AND LABOR SURPLUS AREA FIRM
-—-—-----------------_
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
I Packet Pg. 808
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 econqMj!qally feasi le, into
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smaller tasks or quantities to permit maximum participation by small and minority A
businesses, and women' business enterprises; U-
(4) Establishing delivery schedules, where the -EmmimmAt
P—ermits, which encourage participation by small and minority businesses, and
women's business enterprises; 0
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0
(5) Using the services and assistance, as aDpropriate, of such 0
a
organizations as the all Business Administration and the Minority Business 0
Development Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to
0
take the affin-native steps listed in paragraph (1) through (5) of this section.
X
E-Verify System. The Contractor shall utilize the U.S, Department of Homeland Security's E- 0
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75
Verify system to verify the employment eligibility of all new employees hired by the Contractor 4-
during the term of the Contract and shall expressly require any subcontractors performing work
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or providing services pursuant to the Contract to likewise utilize the U.S. Department of 9=
.2
Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the Contract term.
E
Energy Efficiency- CONTRACTOR will comply with the Energy Policy and Conservation Act
(P.L 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to
energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant
thereto.
Packet Pg. 809
Access to Records: Contractor and their successors, transferees, assignees, and subcontractors
acknowledge and agree to comply with applicable provisions governing the Department of
Homeland Security UIS) and the Federal Emergency Management Agency's (FEMA) access
to records, accounts, documents, information, facilities, and staff. Contractors must 1. cooperate
with any compliance review or complaint investigation conducted by DHS 2. Give DHS access
to and the right to examine and copy records, accounts, and other documents and sources of
information related tote grant and permit access to facilities, personnel, and other individuals
and information as may be necessary, as required by DHS regulations and other applicable laws
or pro rare guidance. 3. Submit timely, complete, and accurate reports tote appropriate DHS
officials and maintain appropriate backup documentation to support the reports.
DHS Seal, Low and Flames: Contractor shall not use the Department of Homeland Security
sears), logos, crests, or reproduction of flags or likeness of DHS agency officials without 0
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0
specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 0
a
0
Changes to Contract: The Contractor understands and agrees that any cost resulting from a
change or modification, change order, or constructive change of the agreement must be within
0
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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
X
or constructive change must be approved in writing by both the COUNTY and Contractor. 0
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Compliance with Fe oral Law Reulationsand Executive Orders. This is an acknowledgement
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that FEMA 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, FEMA
policies, procedures, and directives
E
�Lo 0-hJi-g4tion by Federal Qgvernmen' t.. The Federal Government is not a party to this contract
and is not subject to any obligations or liabilities to the COUN TY11"non-Fed era I entity,
contractor, or any other party pertaining to any matter resulting from the contract.
1!rogyrarn Fraud and False or Fraudulent Statements or Related Acts. If applicable, the contractor
Packet Pg. 810
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the contractor's actions pertaining tothis contract.
Florida Divison of Emergency Management: The CONTRACTOR is bound by any terms and
conditions of the Federally- n Subaward and Grant Agreement between COUNTY and the
Florida Division of Emergency Management (Division).
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C.19.b
The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of
whatever nature arising out of the CONTRACTOR's performance of worts under this
Agreement, to the extent allowed and required by law.
In witness whereof, the parties hereto have executed this agreement the day and year first above
Se BOARD OF COUNTY COMMISSIONERS
tte .E _ } ADOK,CLERK MONROE COUNTY, FLORIDA
A
a= ; t 0
y09r ",��
13y: _ By:� o
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As Deputy Clerk Mayor/Chairman 0
0
0
VENDOR:
c�
0
DATE:
X
0
(Corporate Seal) MONROE COUNTY ATTORNEY 75
P4-
PROVED AS TO FORM
QAttest: "VI '"—
)AMES MPLENAAR
o
ASSISTA x$ , k, NT��TTQD„IJEY
1, q- o naar,
Date: �
Witness
i t ucss
Fm
71
Packet Pg. 812
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO, 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
I—A
(Company OffideriPartner/Individual)
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warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or .2
0
employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3
U-
of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this a
Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise .2
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee".
0
U
0
IT
(Signatu4l 17-7 0
Date: Iv - '-'4 1
0
STATE OF:
X
COUNTY OF: 1-Y)un 0
2%
Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online notarization, 4-
1U&, .2
on (date) by A (name of 0
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affiant). He/$he is personally known to me or ueed a
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dIrrtrfoantiI fiction.
6
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NOTARY PALIC
ITH KATHERINE 8MM
AMy OOMMISSION#W 281497
zi EVIRES-JanuM2!�2023 M-�, Commission Expires:
koded n�ffl WAM PVbk UWWWROM
Packet Pg. 813
NON-COLLUSION AFFIDAVIT
I, S+ of the city of a �L4,4 according to law on
my oath, and under penalty of perjury, depose and say thak:
1. I am +eve n' fy) U ! Incs
of the firm of tL".I-% els I u
making the Bid for the services/work1project described in the Request for Bids for:
A f 5"""' and that 1
� ' I �J, r rL
executed the said Bid with full authority to do so.
2 The prices in this bid/Bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to LL
such prices with any other bidder or with any competitor.
3. Unless otherwise required by law, the prices and percentage of return which have been quoted in
this bid/Bid have not been knowingly disclosed by the responder and will not knowingly be LL
disclosed by the responder prior to bid/Bid opening, directly or indirectly, to any other C2,
bidder/responder or to any competitor. a
4. No attempt has been made or will be made by the bidder/responder to induce any other person,
partnership or corporation to submit, or not to submit, a bid/Bid for the purpose of restricting S
0
competition. U
0
5. The statements contained in this affidavit are true and correct, and made with full knowledge that 0
Monroe County relies upon the truth of the statements contained in this affidavit in awarding a
contracts for the project/services/work.
(Signature of Bicld )' (Date)
0
-STATE OF: V Lov"c_! i 1-Y1-
X
0
COUNTY OF: 0o v",0 2%
75
4-
physical presence or 0 online notarization, A
Subscribed and sworn to (or affirmed) before me, by means of 0
on (date) by C_ U_
Ac,Ah- i (name of
affiant). He/80ve is personally known to me cK--ha.&_pfGdueed 0
6
E
-,,, lk
E.,,,o,'� JUDIrM=KATHERINESWONS M
NOTARY PUBLIC
My commIS" GO 281497
MAE&
Jammy26,2023
Bm4W Thru N*fy N*UMmdm
My 60immission Expires: I"?",
Packet Pg. 814
DRUG-FREE WORKPLACE FORM
The undersigned Contractor/bidder/responder in accordance with Florida Statute 287.087 hereby certifies that:
(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.
Z. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining W2
a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and 'E
the penalties that may be imposed upon employees for drug abuse violations. U_
3. Gives each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1). U_
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the statement Z%
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 LO)
occurring in the workplace no later than five (5) days after such conviction. 0
0
5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation 02
program if such is available in the employee's community, or any employee who is so convicted. 3:
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
a
section. 0
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
X
AILI 2%
75
Bidder's Signature Y Date 4-
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STATE OF: V_ "A a
% .2
COUNTY OF: a
�Subscribed and sworn to (or affirmed) before me, by means of physical presence or El online notarization, E
on - 1_�........... (date) by ej-ey) tY) t rA
(name of
affiant). He/S#&-jS personally known to me or-h prodnued __ ype
--ef-idan.t.ifi,c--atien)-as-identificattm�'
tlF. JWITH KATHEFONE SIMONS NOTARY PUBLIC-
W COMMISSION#GO 281497
EXPM JaMoy 25,2023
�Commission Expires:
IENI" PAf"Thru No"Kft Lwwwtem
Packet Pg. 815
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 on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as a
CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither C (Respondent's name) nor any Affiliate
has been placed on the convicted vendor list within the last 36 months.
U-
(Signature)
Date:
U
STATE OF:
COUNTY OF: '()l on
Subscribed and sworn to (or affirmed) before me, by means of physical presence or El online notarization,
0
on 1b (name of
(date) by ..
affiant). clef Sh�e is personally known to me of--h�as-prrcrd=Ud-----
.-of
21
I I S NOTARY PUBLIC
WI-nj KATHERNE SMON
My COMMISSION 4 Go 281497
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BW1dWr=NotwyPubk1Jr4WM%8M M Commission Expires: .0
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Packet Pg. 816
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Descriptions):_L.,( I) �z I F e,t
.1 -� j
Un e -,
Respondent Vendor Name: u -, s L-
Vendor FEIN: b I 35"L` L�y
Vendor's Authorized Representative Name and Title: 5 I-Lv 'n
Address:
City: IL-Z!4 L'k)k,3 State: zip: L)
Phone Number: fy-s bekl)
Email Address° 4-- O(oll
Section 287,135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering Co-
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. Section 287,135, Florida Statutes, also prohibits a
company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or 0
U
services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or 0
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created 0
pursuant to s, 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. 0
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 or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran 0
Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorneys 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 x.
certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott 2,
75
of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or
Syria.
Certified By: 4--e-"Ve".1 ryl.U -P)/," t7ve IS f-L who is authorized to a
sign on behalf of the above r ferenced company% .2
Authorized Signatu re:
Print Name: Z11
Title: M 0-)
E
Note. The List are available at the following Department of Management Services Site:
S,My yfiorida.com/business rida.com/business operations/state Durcha, iD_q/veryqL nforMqtion/convicted suspende
d discriminator complaints vendor lists
Packet Pg. 817
Respondent's Insurance and Indemnification Statement
Insurance Re uirement Renquired Limits
Worker's Compensation Statutory Limits (See Form WC2)
Employer's Liability $500,000 Bodily Injury by Accident
/$500,000 bodily injury by Diasease, policy limits
/$500,000 Bodily Injury by Disease, each employee (See
Form WC2)
General Liability $500,000 per Person, $1,000,000 per Occurrence,
$100,000 Property Damage or
$1,000,000 Combined Single Limit (See Form GL3)
Vehicle Liability $500,000 per Person, $1,000,000 Per occurrence,
$100,000 Property Damage or $1,000,000 Combined
Single Limit (See Form VI-0)
Hazardous Cargo Transporters Liability $1,000,000 per Occurance (See form VLP3)
0
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0
IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS 0
The CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and 20
Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses 3:
and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s) and other persons
employed or utilized by the CONTRACTOR in the performance of the contract. 0
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 0
X
indemnify the County from any and all increased expenses resulting from such delay. Should any claims be 0
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 CONTRACTOR shall hold the County 4-
harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action
on the County's behalf.
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a
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained .2
elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement. 0
E
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the
requirements,
o-14—
h)
Respondent Signature
Packet Pg. 818
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
fo r
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the U I-
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 U_
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has 0
U
been furnished to the County as specified below. Delays in the commencement of work, 0
0
resulting from the failure of the Contractor to provide satisfactory evidence of the required
C
insurance, shall not extend deadlines specified in this contract and any penalties and failure to 0
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
0
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
X
and any penalties and failure to perform assessments shall be imposed as if the work had not 0
been suspended, except for the Contractor's failure to maintain the required insurance. 2%
75
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The Conti-actor shall provide, tote County, as satisfactory evidence of the required insurance,
either:
U_
• 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.
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.
I Packet Pg. 819
The Monroe County Board of County Commissioners, its employees and officials 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 b) Monroe County Risk Management,
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C.19.b
UNLEADEDGENERAL LIABILITV
INSURANCE REQUIREMENTS
FOR
CONTRACTFOR
AS L DIESEL FUEL SUPPLIER
BETWEEN
AND
CONTRACTOR
Prior to the cosy encement of work governed by this contract, the Contractor shall obtain g
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations U
• Products and Completed erations 0
• Blanket Contractual Liability
• Personal Injury Liability 0
• Expanded Definition of Property Damage
c�
The minimurn limits acceptable s all e:
0
1,000, 0 Combined Single Limit (CSL) �
Ifs lit limits are provided, the minimum limits acceptable shall e:
X
500,000 per Iverson
1,000,000 per Occurrence
100,000 Property Damage
n Occurrence Form policy is preferred, If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract. �
In addition, the period for which claims may be reported should extend fora minimum oftwelve g
(1 ) months following the acceptance of work by the County. �.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
ents.
c�
Packet Pg. 821
C.19.b
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT UNLEADED GASOLINEAND DIESEL FUEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
rior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes. C
In addition, the Contractors all obtain players' Liability Insurance with limits of not less
than:
$500,000 Bodily Injury by Accident U
$500,000 Bodily Injury by Disease, policy limits 0
00,000 Bodily Injury by Disease, each employee C
Coverage shall be maintained throughout the entire term of the contract.
c�
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida. 0
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If the Contractor has been approved byte Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued byte Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
75
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required,
In addition, the Contractor may be required to submit updated financial statements from the fun
upon request from the County.
c�
Packet Pg. 822
C.19.b
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT UNLEADED A I SSUPPLIER
COUNTY,BETWEEN
MONROE
FLORIDA
AND
Recognizing that the work governed this contract requires the use of vehicles, the Contractor, �
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum. liability coverage for:
Owned, Non-Owned, and Hired Vehicles
U
0
0
The minimum limits acceptable shall e:
$1,000,000 CombinedSingle Limit ( SL
c�
f split limits are provided, the minimum limits acceptable shall e:
0
500,000 per Person
1,000,000 per Occurrence
100,000 Property Damage
x
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements. 75
c�
Packet Pg. 823
HAZARDOUS CARGO TRANSPORTERS LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the cornmencernent of work governed by this contract, the Contractor shall purchase
Pollution Liability Insurance which extends to the hauling of toxic and hazardous material by
motorized vehicles. In compliance with the Motor Carrier Act, the policy should be endorsed
with an MCS-90 Endorsement, dennonstrating financial responsibility for spills and clean-up.
u_
Any pollution exclusion limiting coverage tinder this policy shall be removed. C
.2
The minimum limits acceptable shall be:
S 1,000,000 per Occurrence
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VLP3
Packet Pg. 824
131NENT-03 C.19.b
CERTIFICATEI Ig,...I DATE(MMIDDNYYY)
_ 2/412022
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 INSURR(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 I' CONTACT
NAME: --
Morris and Reynolds InsuranceI! PHONE e �p ( � 2 $-1 0' {a ,No):14821 S Dixie Hwy — - --
Miami,FL 33176 aD®€ass:
INSURER(S)AFFORDING COVERAGE: _ NAIC#
--—.__ .. .__._. ......--_ - ----
_ INSURER A; uideOne America Insurance Co.
_ ,42331
INSURED INSURER B:LLo yds of London �1 5792
Dion Enterprises LLC, Dion Fuels LLC, Dion Transport LLC i,NSURER c:Bridgefield Casualty Ins Co,, 1 335
Past Office Box 1209 INsuRER D
Key West,FL 33041
INSURER E
INSURER F
— ... to
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I=
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, O
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR" IADDLISUBW POLICY EFF POLICY ExP
T TYPE{?F INSURANCE I POLICY NUMBER LIMITS
LIABILITY I 1,000,0( '
A COMMERCIAL GENERAL j EACH OCCURRENCE _._l.S__._-------_a
DAMAGE TO RENTED °I00,0(
APPROVED BY RISK MANAGEMENT MED EX An ne rer one S �
CLAIMS-MADE —Xi OCCUR (62P100724-02 2/812022 2/8/2023PREMISES I Ea occv
�" PERSONAL&ADV INJURY § 1,000„0( O
2,000,0(
PLIES PER: DATE 2/16/2022 GENER/4 A�GI GATE. I...s 0
2,000,0(
GEN`L AGGREGATE LIMIT AP
POLICY_� PRO-
E l LC C i WAVER NlA_YES_ PRC}PUGTB-COMPJOP AGO i$
OrwER_ LIQUOR LIAR
A 1,0�10,0( �
AUTOMOBILE LIABILITY SINGLEL€lvRI7 1,000,0( U
' Ea accident _ U
ANY AUTO X 162P100724-02 2/8/2022 218/2023 L BOO€LY IrvJURY Perp rsa
( OWNED �. SCHEDULED 1
AUTOS ONLY AUTOS ( BULJILY INJURY€Per accident} ......,.-
HIRED X. NON-OWNED F'ROP'FRl'Y DliMAOE
AU70S ONLY AUTOS ONLY ; fPer accident) ( $
UMBRELLA L:IAB X OCCUR LEACH OCCURRENCE_____ ®0"0(
X EXCESS LIAR CLAIMS-MADE, 22UILPCB220002530009404 2/8/2022 2/812023 [ 5 000,0(
--- I AGGREGATE � ...._...._......-...
DED I X I RETENTIONS
75
,;. WORKERS COMPENSATION i I I PER 0TH-
AND EMPLOYERS'LIABILITY ,_.T PER
ER _._.. ,_
4—
YIN
19642371 2/8/2022 2/8/2023 1,000,0(
ANY PROPRIETORPARTNER(EXECUTIVE i E.L. ACH ACCIDENT $
�y
OEFICMMFMBER FXOL11DFD1? NIA, 1,000,0(
(Mandatory In NH) E.L DISEASE EA MPLOYY� S �
If Yes,describe under 1,000,0(
DESCRIPTION OF OPERATIONS below I _ E.L.DISEASE-POLICY LIMIT $E
( i j
i
DESCRIPTION OF OPERATIONS l LOCATIONS t VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) 9=
Petroleum Distributor-State of Florida MCS 90'Monroe County BOCC,its employees and officials included as Additional Insured with regards to
General/Auto Liability With respects to operations of client only. Waiver of Subrogation included on Workers Compensation.REBID#
Pollution Liability-Broadened Coverage-Business Auto and Motor Carrier Coverage applies subject to a$1,000,000 limit.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
y y ACCORDANCE WITH THE POLICY PROVISIONS,
1100 Simonton Street
Key West,FL 33040
AUTHORIZED REPRESENTATIVE
ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. Packet Pg. 825
The ACORD name and logo are registered marks of ACORD
DIONENT'-03 C.19.b
-` — DATE(MMIDDIYYYY)
CERTIFICATE OF LIABILITY INSURANC
21412022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement,. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER ( CONTACT
NAME
Morris and Reynolds Insurance _. ._..
14821 S Dixie Hwy (Acme Ext).(30 ) 238-1000 tare,No):
Miami, FL 33176 ADDRXEs$.
I IN3UR.ER(51 aFP4Rq�IN�GO'N' RAGE.._ I NAIL fi
_ INSURER A:GuldeOne America Insurance Co. 142331 ads
INSURED LLovds of London 11 792
Dion Enterprises LLC, Dian Fuels LLC, Dion Transport LLC LNsuRER c:Brid efield Casu.aItt Ins Co. 033 _
Post Office Box 1209 INSURER D
Key West,FL 33041 --
_INSURER E: LL
INSURER F
U)
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS g=
CERTIFICATE MAY BE. ISSUED OR MAY PERTAIN, THE. INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL.THE TERMS, .2
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
-...
INSR �ADDLISt1ElRI POLICY E'FF 1 POLICY ExP -'�
T' ; TYPE OF INSURANCE ---- -- i,JN.D 1 WVD 1 POLICY NUMBER (MMtDD/YyyyS 11MMJDD(YYYYY) LIMITS
A COMMERCIAL GENERAL LOABILITY
EACH OCCURRENCE ..._.....1 000,0(
CLAIMS-MADE Ful" OCCUR 1 DAMAGE TO RENTED __ 1 tI(1,{1(
_._._.
62P 1 Q0724mt12 ( 2J812022 21812023 ` P4 EX� S_IEa occurrence $ (0
I MED EXP(Any one person) .. .
,5 qp
11 1,000,0( 0
P R r.NAL&ADV INJURY 1 5
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,0( 0
R° Lai PRODUCTS caMPIaP AGO.POLICY IL P 2,000,0(
OTHER. _ 11QUOR LIAR t 1,000,0(
A nuTomoe.ILE LIABILITY COMBINED SINGLE LIMIT 1,000,0( U
IEa acci tenth.._-_. _ _- _
ANY AUTO X 62P100724-02 218/2022 2/812023 : QDILY INJURY Per ersanJ t �
....,.__. r,......_�____�_ ....._
OWNED SOHEDULC„[J
AUTOS ONLY i`!AUTOS � I �BODILY INJURY(Per accident}
V FI.IREO I NON-OWNED PROPERTY DAMAGE.
AUTOS ONLY �.�.-_. AUTOS ONLY _(Per acGiden. ...._ $.
__.m-, m
UMBRELLA LIAR OCCUR 5,000,0(
EACH OCCURRENCE 5
EXCESS LIAR CLAIMS-MADE 22UKPCB220002530009404 2/812022 ( 2/812023 5,000,0(
:. .._) AGGREGATE. .........,w,w,......_ r._..._,,........__...______.._._._r._.
DED RETENTtOIN Oi -__ .
C ;AND EMPLOYERS'
YES' IION(LIT Y(N 19642371 STATUTE ERH 1 _ 4—
AND EMPLOYERS°LIABILITY 21812022 21812023 11,0000( 1
ANYPROFRIETOR?PARTNERIEXECUTIVE E.L EACH ACCIDENT.. __.� _ U)
OFFICER/MEMBER EXCLUDED? i N}A -
IMandatory in NH) E.L.DISEASE-EA EMPLOYEEi 5 1,000,0(
If yes describe under �'�, I,
DESCRIPTION OF OPERATIONS DOrsw E.L.DISEASE-POLICY LIMIT 1,000,0(
DESCRIPTION OF OPERATIONS I LOCATIONS}VEHICLES (ACORD 101,Additional Remarks Schedute,may he attached if more space is required)
Petroleum Distributor-State of Florida MCS 90*Monroe County BQCC,its employees and officials included as Additional Insured with regards to
General/Auto Liability with respects to operations of client only. Waiver of Subrogation included on Workers Compensation,RE:BID#-9 9-0-2 0 1 7111
U
Pollution Liability-Broadened Coverage-Business Auto and Motor Carrier Coverage applies subject to a$1,000,000 limit.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Y ACCORDANCE WITH THE POLICY PROVISIONS.
Insurance Compliance
PO Box 10008 -FX -- --
Duluth,GA 30096 AUTHORIZED REPRESENTATIVE
t __..... .......
ACORD 25(2016103) - @ 1988.2015 ACORD CORPORATION.r Packet Pg. 826
The ACORD name and logo are registered marks of ACORD
DIONENT-03 C.19.b
DATE(MMIDDfYYYY)
CERTIFICATE OF LIABILITY INSURANCE
214/ 02
- F
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN'SURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed,
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME...___._ ..__..._.......
Morris and Reynolds Insurance PHONE FAX
14821 S Dixie Hwy (A;C,_No,ERt): (305) 23 1000 .-_.,......._. _......__... IAtC No)_.. _...
Miami, FL 33176 ADPR1ESS-
..,,,_........ ....... Naic ..._
INSU'.RER Shi AFFORDING COVERAGE
INSURER A: UideOne America Insurance Co. 42,331
INSURED — - - ''INSURERS L !D I S of London_.._ ..—. _�1579 ......_ - 'a
_.
Dion Enterprises LLC, Dion Fuels LLC,Dion Transport LLC _INSURERC Brid efield Casualty Ins Co. 10335
� ..
Post Office BOX 1209 INSURER O
Key West,FL 33041 __-
INSURER ELL
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 I=
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ,O
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
... ..... _... . -
_..._..... ___ ....__._..._,.�ADDL SUSHI �'DLICY EFF POLICY EXP ILTR _.. _--
INSR TYPE OF INSURANCE POLICY NUMBER LIMITS
I t pDaYER tMM1DDIYYYYI
A X COMMERCIAL GENERAL LIABILITY
t EACH OCCURRENCE_ i_$__._ �1 QQQ Q
_... CLAIMS-MADE j i crc,UR 62P1QQZ24aQ2 ( 21812tI22 21812023 C A�nACE, REN�EI� 1QQ,Q
..� PREMISES dEa 4rCUFrenC ) O
I � i MEC EXP fAny onep�rsany ..}_�_
1 PERSONAL aADV INJURY S _1'000"0
GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE 15,__---- QQ0'0 0
POLICY Jcr j L.Oc PRODUCTS-CO 1PrOP AGG ( _ QOQ Q
:LIQUOR LIAR 1,QQQ,Q
OTHER j ,
A AUTOMOBILE LIABILITY ( (Ea a3INE6 SINGLE LIfw1IT --.1,000,0 U
ANY AUTO 162P140724-02 2/812€I22 218/2023 1 BODILY IN aURY IPer person) �
_ OWNED ( 5C!-ICGULEL] r_r..._._..—
AUTOS ONLY L ALYTG5 ___ _Bt3fIILY IN.._.JURY{Per accErfenf} S
�. ......�., ........
X HIRI O j( NON-OWNED j PROPERTY DAMAGE
_ AU ONLY AUTOS ONLY Per accident 5
I
KDID
MBRELLA LIAR I ,`IC, OCCUR j EACH OCCURRENCE -. S 5,000,0 EXCESS Llae CLAIMS-MADE 22UKPCB22D002530009404 21812Q22 21812Q23 5,QQQ,Q
AGGREGATE
X, RETENTION Q.. 1 5
C WORKERS COMPENSATION PER OTH-
X TATI�TE 1 ER
AND EMPLOYERS'LIABILITY
YJN 1119642371 2/812022 2/8/2023 1,QQQ,Q
ANY PROPRETORIPARTNERIEXECUTIVE f EL,EACH ACCIDENT p� .S ._... g®y
OFFICEWMEMBER EXCLUDED? I;NIA I
(Mandatory In NH....) - E.L.DISEASE EA EMPLOYE... 5 1'QQQ'Q
If yes,describe under j 1,QQQ,Q
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S
I � I
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101,AddItlonal Remarks Schedule,may be attached if more space is rec)uired) �
Petroleum Distributor-State of Florida MCS 90*Monroe County-District School Board its employees and officials Included as Additional Insured with
regards to General/Auto Liability with respects to operations of client only. Waiver of Subrogation included on Workers Compensation.REBID#-99-0-2 0 1 711i
U
CERTIFICATE HOLDER CANCELLATION ___—----_ --—---
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County District School Board THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
y" ACCORDANCE WITH THE POLICY PROVISIONS,
Post Office Box 1788
Key West,FL 33041-1788
AUTHORIZED REPRESENTATIVE
__
ACORD 25(2016/03) Oc 1988- Q15 ACORD CORPORATION. Packet Pg. 827
The ACORD name and logo are registered marks of ACORD
C.19.c
Comty of Monroe ' ,n t � Pt BOAR)OF(:���13�TY�OMMISSIONE1&S
Mayor David Rice,District 4
The } Mayor Pro Tem Craig Cates,District 1
FloridaMichelle Coldiron,District 2
y Vacant,District 3
Holly Merrill Raschein,District 5
County Conin-lission Meeting
February a
Agenda 2022
Number: C.11
Agenda114
BULK ITEM: Yes DEPARTMENT: Fleet Management
TIME APPROXIMATE: STAFF CONTACT: Daryl Greenlee (305) 292-3452 �
N/A U-
AGENDA ITEMWORDING: Approval to award hid and execute contract for fuel delivery to
Dion Fuels, LLC;. U-
ITEM BACKGROUND: Per contract, Monroe County will purchase unleaded gasoline and diesel
fuel picked up and delivered by Dion Fuels, LLC from the Fort Everglades Florida"l:'errninal at the
day's lowest available price. County will not be charged more than prices listed above market (rack)
price from the date delivered (see page 3 of Contract, Item 5.13.) U
U
PREVIOUS RELEVANT ACTION: Can March. 1.5, 2017 the Board authorized execution
of the current contract with Dion Fuels, LLC. The Board also approved the renewals and
amendments of the contract in 2018, 2019, 2020. 2021.
Bids were opened on October 19, 2021. at 3:00 pm. There were two bids received: Sunshine Gasoline �
Distributors and Divan.Fuels, LLC:. Dion Fuels LLC; is the lowest bid, of the two. "Tabulation sheet 0
CL
from the Purchasing Department is attached. CL
CONTRACT/AGREEMENT CHANGES:
N/
c�
STAFF RE,COMMENDATION: Approval
Contract- signed by Dion Fuels and County Attorney
Purchasing Dept. - Bid Tabulation Sheet pdf
COI - dionllc 2122
COI - approved by Disk 2.19.20
FINANCIAL I PAS Ta
Packet Pg. 828
Effective Date: March 15, 2022
Expiration Date: The Agreement shall be for a period of one (1) year, commencing on the day in
which it has been approved by the Board of County Commissioners. The County shall have the
option to renew this agreement after the first year for four (4) additional one (1)year periods.
Total Dollar Value of Contract: S450,000.00 approx.
Total Cost to County: $365,000.00 approx.
Current Year Portion:
Budgeted: Yes
Source of Funds: Approx. 50% ad valorem /25% non-ad valorem /25% gas tax
CPI. No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: No
Revenue Producing: No If yes, amount:
Grant: No
County Match. No
U_
Insurance Required: Yes a
.2
a
Additional Details: N/A CN
W
17
CN
U
REVIEWED BY: U
0
Daryl Greenlee Completed 0 1 18/2022 3.4 7 PM
Kevin Wilson Completed 01/18/2022 7:51 PM
James Molenaar Completed 01/19/2022 8:41 AM
Purchasing Completed 01/19/2022 8:53 Al'
Budget and Finance Completed 01/31/2022 10:26 AM
Maria Slavik Completed 01/31/2022 2:51 PM >
0
Liz Yongue Completed 02/01/2022 9:38 AM
9
Board of County Commissioners Completed 02/16/2022 :00 AM
E
Packet Pg. 829
...........
DIONENT-03
DA I E 1MMIDD YYYY)
CERTIFICATE OF LIABILITY INSURANCE 21312023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPONTFIE 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 CONS'l'ITU'TE A CONTRACT' BETWEEN THE ISSUING IINSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE FIOLDER.
IMPORTANT: If the oartIficato holder is an ADDrnONAL INSURED,the poficy(ies)niust have ADDITIONAL INSURED provisions or be endorsed,
If SUBROGATION IS WAIVED, subject to the terms andl conditions of the pollicy,ceirtain poftles may require an endorsement A staternenton
this certificate does not confer rights to the certificate holider in HPU of such endorsennenl[s�,
...............
PRODUCER CONTACT
Morris and Re nolds IFISLIrance PHONE FAX
14821 S Dixie Cy IAIC,i�o,Exl)�(305)238-1000 (A/C,Nap
.............................---- -------------------
Miarni,Ft..3,3176 E-MAIL
ADDRESS.:.
NAIC#
V,6URER A;Gulde0ne Insurance Corripany 15,032
INSURED
NSURER,p_�LLoyds,of London 15792
................
Dion Enterprises LLC,Dion Fuels LLC,DionTransport L1 C INSLIR,ER c:Clear Spring Property nd CasualtY yL .Corn.'a ,,,, 155A4.....................
ds
-
Post Office Box 1209 -INSURER D� ............................................
Key West,FL,33041
U-
JN ............
COVERAGES CERTIFICATE NUMBER: n. E\�ISIQN UL MISER:
THIS IS TO CERTIFY THAT rHE POLICIES, OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR1 HE POLICY PEMOD
INDICATED. NOTWITHSTANDING ANY REa,IIREMEN"I, TERM OR CONDrl-ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WI-IlCll THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTMI14, 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, .0
....................—-----
INSIS TYPE OF VqSURANCE ADDLSUDR POLICY NU MBE POLICY-EFF POLICY EXP
.. ....... JRaL) wyl ......................................... LIPAITS
...............
A X COMMERCIAL GENERAL UABH-I1Y 0C0J.RRr---NCE S 1,000,000
CLAINIS-MADE [ DAMAGE TO RENT-E-D
X 62PI00724-03 202023 2/812024 PREM5U..(E�Lp�,�tUre U rps)_ $ 100,000
-111...............1 1...
. ........ 0
............... .............................. 0 ,7)
)
t-0-0-m'00-0- 5
2,000,000 W
AG GREGATE UMIT APPIJES PER: GENERAL AGGREGNI'E
................ ...........................................—
POLICY PPoDucTs-COMROP AGG $
rjneF Loc 2,000,000 >
0-0jo,0'0
............................................. .........
A AUTOMOBILE LIABILITY COMBINED SINGLE UMI $ 1,000,000
7- 1
U)
X 6213100724-03 218/2023 21812024 IIL INJ
x OWNED SCHEDULED ij
ALITOS ONLY AUTO$ BODILY INJURY UVJLrA)L
X HIRED X NON-CME.ID PROPERTY DAIMA GE
S ONLY"
AUTOE ............. AUTOs )NLY
B UFABRELI A L IAS OCCUR EA I-10CCURRENCE $ 5,000,000 0
. .......................
"I LIAR J,CLAIMS-KIADE 23L)KPCB220002530009404 218/2023 218/2024 AGGREGATE S
Cn
........ 0 All Aggregates 5,000,000 C'4
cL) I�'-ITIOU N$
1XC --- FFI- C14
.... .............
C WORKERS COMPENSATION '--TATljTE
AND EMPLOYE RS'LIABILITY YIN CS-WC-012104-01 21812023 2/812024 E L -R S C14
ANY FIRDFIRIErOF�ilAR ��ERtLXE(��,)IIVE 1 11,000,000 U
OFFICERJOEIABER EXCL J DED? NIA . ... .............-
(Mandatory in NH) El D,ISEAS,E-EA EMPLOYEE S 'G-goo'6-66 a
desc ioe undei ........... ................................ - 0
-1ERAUK NiS velow E.L,DiSEASE-P0L1ICY1-1MI1 S 1,000,000 —
RrRMN OF(.)I
U
DESCRIPTION OF OPERATIONS Y LOCATIONS I VEHICLES (ACORD 101,,AddWonal Reinarks Schedule,may be attached If Ynore space Is required
PetfOIeUrn Distributor-State of Florida MCS 90'Monroe County BOCC,its employees and officials ir ditioroI Insured with regards to, 0
General/Auto Liability with respects to operations of client only. Waiver of Subrogatlon included on Workers Compensation.RE:BID# E
P01ILItion,Ldiabiiity-Broadened Coverage-BLISIDess Auto and Motor Carrier Coverage applies Subject to a$1,000,000 lirnit.
A
..................................... BY,
CERTIFICATE HOLDER . 6 . 23
.11-11--
SHOULD ANY OF THE/ WAMM wok xyft- °
THE EXPIRATION D,
Monroe County Board of County Commissioners ACCORDANCE WITI-ITHE POLICY PROVISIONS.
I 100 Simonton Street
Key West,Fl-33040 ..................
AUTHORIZED REPRESENTATIVE
................................................................................................................................................................................................
ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION, All rights reserved,
The ACORD name and Iogo are registered marks of ACORD I Packet Pg. 830