5th Amendment 03/22/2023 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: April 14, 2023
TO: William DeSantis, Director
Facilities Maintenance
Chrissy Collins
Executive Administrator
Alice Steryou
Contract Monitor
FROM: Liz Yongue, Deputy Clerk
SUBJECT: March 22, 2023 BOCC Meeting
The following item has been executed and added to the record:
T3 5th Amendment to Agreement with Sub-Zero, Inc., for Lower Keys HVAC
Maintenance to add or update certain contract provisions Funding is Ad Valorem.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
cz_
FIFTH AMENDMENT TO AGREEMENT FOR
LOWER KEYS HVAC MAINTENANCE AND SERVICE
MONROE COUNTY, FLORIDA
This Fifth Amendment to Agreement is made and entered into this 22nd day of March,
2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SUB-
ZERO, INC. ("CONTRACTOR"), a Florida corporation, whose address is 6003 Peninsular
Ave., No. 5, Key West, Florida 33040.
WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for
HVAC Maintenance and Service to County's Lower Keys Facilities (hereinafter "Original
Agreement"); and
WHEREAS, the parties hereto did on May 20, 2020, enter into a First Amendment to
Agreement to revise the maintenance of records provision, non-discrimination, and termination
clauses in its contracts and/or agreement to update and/or add current revisions pursuant to its
ordinances and/or Federal required contract provisions; and
WHEREAS, the parties hereto did on March 17, 2021, enter into a Second Amendment
to Agreement to amend the Original Agreement to increase payment amounts by the annual CP1-
U adjustment of 1.4% as of December 31, 2020, pursuant to the terms of the Original
Agreement, and to update and/or add current revisions pursuant to County ordinances and/or
Federal required contract provisions; and
WHEREAS, the parties hereto did on March 16, 2022, enter into a Third Amendment to
Agreement is to amend the Original Agreement to increase payment amounts by the annual CP1-
U adjustment of (seven) 7% as of December 31, 2021, to renew the Original Agreement for an
additional one-year period, and add or modify additional provisions and certain Federal required
Contract Provisions, pursuant to the terms of the Original Agreement; and
WHEREAS, the parties hereto did on February 15, 2023 enter into a Fourth Amendment
to Agreement to amend the Original Agreement to increase payment amounts by the annual CP1-
U adjustment of six and five tenths percent (6.5%) as of December 31, 2022, to exercise the last
option to renew the Original Agreement for an additional one-year period, and to add or update
certain contract provisions; and
WHEREAS, the parties desire to amend the Original Agreement, as amended, to add
and/or update provisions to bring it current with certain County, State or Federal required
contract provisions and particularly the Coronavirus State and Local Fiscal Recovery Funds
Financial Assistance Agreement awarded to Monroe County in 2022; and
WHEREAS, the parties have found the Original Agreement, as amended, to be mutually
beneficial; and
WHEREAS, the parties find it would be mutually beneficial to amend its Original
Agreement and enter into this Fifth Amendment to Agreement to add or update certain contract
provisions;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below, the Original Agreement is hereby amended to include the following:
1. The first paragraph of Paragraph 8, MAINTENANCE OF RECORDS, as set
forth in-the Original Agreement, as amended, is hereby amended to delete the first paragraph and
replace it in its entirety with the following paragraph:
8. MAINTENANCE OF RECORDS
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in. accordance with generally accepted accounting
principles consistently applied. Records shall be retained as applicable for 1) a period
of five (5) years after all funds have been expended or returned to the Department of
the Treasury, whichever is later; or 2) a period of seven (7) years from the termination
of this Agreement or five (5) years from the submission of the final expenditure
report as per 2 CFR §200.33, if applicable, whichever is greater. Each party to this
Agreement or their authorized representatives shall have reasonable and timely access
to such records of each other party to this Agreement for public records purposes
during the term of the Agreement and for seven (7) years following the termination of
this Agreement. If an auditor employed by the County or County Clerk determines
that monies paid to Contractor pursuant to this Agreement were spent for purposes
not authorized by this Agreement, or were wrongfully retained by the Contractor, the
Contractor shall repay the monies together with interest calculated pursuant to
Section 55.03, Florida Statutes, running from the date the monies were paid by the
Owner.
Further, the Contractor is subject to the following:
1.) The Contractor shall maintain records and financial documents sufficient to
evidence compliance with Section 602(c), Treasury's regulations implementing that
section, and guidance issued by the Department of the Treasury regarding the
foregoing.
2) The Department of the Treasury Office of Inspector General and the Government
Accountability Office, or their authorized representatives, shall have the right of
access to records (electronic and otherwise) of the Contractor in order to conduct
audits or other investigations.
All other subsequent paragraphs, after this initial first paragraph, currently contained within
Paragraph 8 of the Original Agreement, as amended, remain the same.
2. Paragraph 10, HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND
INSURANCE, of the Original Agreement, as amended, shall be amended to include the
following paragraph, positioned after the two paragraphs of the FDEM Indemnification, as the
sixth paragraph within Paragraph 10:
United States Department of the Treasury Indemnification
2
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the United States Department of the Treasury and its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's
fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the Contractor in the
performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in
this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of
the United States or the County.
3. Paragraph 13, NONDISCRIMINATION / EQUAL EMPLOYMENT
OPPORTUNITY, of the Original Agreement, as amended, is hereby amended to add the
following as the last paragraph of Paragraph 13 as follows:
Title VI of the Civil Rights Act of 1964. The Conti-actor and any subcontractor,
successor, transferee, and assignee shall comply with Title VI of the Civil Rights
Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference
and made a part of this contract (or agreement). Title VI also includes protection
to persons with "Limited English Proficiency" in any program or activity
receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented
by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and
herein incorporated by reference and made a part of this contract or agreement.
4. Paragraph 43.18, Domestic Preference for Procurements as set forth in 2 C.F.R.
§200.322, of the Original Agreement is hereby amended to delete the current Paragraph 43.18, as
set forth in the Second Amendment to the Original Agreement, and replace it in. its entirety with
the following paragraph:
43.18 Domestic Preference for Procurements as set forth in 2 C.F.R. §200322.
The COUNTY and CONTRACTOR should, to the greatest extent practicable,
provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). These requirements
of this section must be included in all subawards including contracts and purchase
orders for work or products under federal award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
(2) "Manufactured products" means items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-
based products such as polyvinyl chloride pipe; aggregates such as concrete;
glass, including optical fiber; and lumber.
3
5. The Original Agreement, as amended, is hereby amended to add the following as
Paragraph 43.22, Energy Efficiency, under the section as noted below, and shall read as follows:
Other Federal and/or FEMA Requirements (as applicable)
43.22 Energy Efficiency. If applicable, Contractor will comply with the Energy
Policy and Conservation Act P.L. 94-163; 42 U.S.C. §§6201— 422) and with all
mandatory standards and policies relating to energy efficiency and the provisions
of the state Energy Conservation.Plan adopted pursuant thereto.
6. The Original Agreement, as amended, is hereby amended to add the following as
Paragraph 50, and shall read as follows:
50. The Contractor shall be bound by the terms and conditions of the
applicable Federally-Funded Coronavirus State & Local Fiscal Recovery Fund
Financial Assistance Agreement between the County and the United States
Department of Treasury (hereinafter "ARPA Funding Agreement") attached
hereto and made a part of the Original Agreement, as amended, as Attachment A.
7. The Original Agreement, as amended, is hereby amended further to add the
following Paragraph 51, Additional Federal and/or Department of the TreasuKY Requirements, as
applicable, as related to the ARPA Funding Agreement, and shall read as follows:
51. Additional Federal, and/or Department of the Treasury Requirements
(as applicable):
The Contractor and its sub-contractors must follow the provisions set forth herein, as
applicable, including but not limited to:
51.1 Conflicts of Interest. The Contractor understands and agrees it must maintain a
con fl i et-of-interest interest policy consistent with 2 C.F.R. § 200.318(c) and that such
conflict-of-interest policy is applicable to each activity funded under this award as set
forth in Attachment A. The Contractor and subcontractors must disclose in writing to
Treasury or the pass-through entity, as appropriate, any potential conflict of interest
affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
51.2 Remedial Actions. In the event of the Contractor's noncompliance with section
602 of the Act, other applicable laws, Treasury's implementing regulations, guidance,
or any reporting or other program requirements, Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds, if any, or take
other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation
of section 602(c) of the Act regarding the use of funds, previous payments shall be
subject to recouprnent as provided in section 602(e) of the Act and any additional
payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(Ill)
of the Act, as applicable.
4
51.3 Compliance with Federal Law, Regulations and Executive Orders. This is an
acknowledgment that Department of the Treasury financial assistance may be used to
ftind all or a portion of the contract. The Contractor agrees to comply with the
requirements of section 602 of the Act, regulations adopted by Treasury pursuant to
section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing.
The Contractor also agrees to comply with all other applicable federal statutes,
regulations, and executive orders, and the Contractor shall provide for such
compliance by other parties in any agreements it enters into with other parties relating
to this award.
Federal regulations applicable to this Department of Treasury award include, without
limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such
provisions as Treasury may determine are inapplicable to this award an
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F—Audit Requirements of the Uniform Guidance, implementing
the Single Audit Act, shall apply to this award.
ii. Universal Identifier and Systern for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Pail 170,1 pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 10 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered
transactions (contracts and subcontracts described in 2 C.F.R. Part 180,
subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's
implementing regulation at 31 C.F.R. Part 19.
V. Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part
20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of
1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
51.4 I-latch Act. The Contractor agrees to comply, as applicable, with requirements of
the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain
political activities of State or local government employees whose principal
5
employment is in connection with an activity financed in whole or in part by this
federal assistance.
51.5 False Statements. The Contractor understands that making false statements or
claims in connection with this award is a violation of federal law and may result
in criminal, civil, or administrative sanctions, including fines, imprisonment, civil
damages and penalties, debarment from participating in federal awards or
contracts, and/or any other remedy.
51.6 Publications. Any publications produced with funds from the federal award as set
forth in Attachment A must display the following language: "This project [is being]
[was] supported, in whole or in part, by federal award number [enter project FAIN]
awarded to [name of Recipient] by the U.S. Department of the Treasury."
51.7 Debts Owed the Federal Government.
a. Any funds paid to the Contractor (1) in excess of the amount to which Contractor
is finally determined to be authorized to retain under the terms of this award as set
forth in Attachment A; (2) that are determined by the Treasury Office of Inspector
General to have been misused; or (3) that are determined by Treasury to be
subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of
the Act and have not been repaid by Contractor shall Constitute a debt to the
federal government.
b. Any debts determined to be owed the federal government must be paid promptly
by Contractor. A debt is delinquent if it has not been paid by the date specified in
Treasury's initial written demand for payment, unless other satisfactory
arrangements have been made or if the Contractor knowingly or improperly
retains funds that are a debt as defined in Paragraph 14(a) of the federal award as
set forth in Attachment A. Treasury will take any actions available to it to collect
such a debt.
51.8 Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to the
Contractor or third persons for the actions of Contractor or third persons resulting
in death, bodily injury, property damages, or any other losses resulting in any way
from the performance of this award or any other losses resulting in any way from
the performance of services funded under the federal award as set forth in
Attachment A or any other losses resulting in any way from the performance of
services pursuant to any contract, or subcontract under this award.
b. The acceptance of these funds provided by the federal award as set forth in
Attachment A by the Contractor does not in any way establish an agency
relationship between the United States and the Contractor.
51.9 Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote,
or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal contract or
6
grant, a gross waste of federal funds, an abuse of authority relating to a federal
contract or grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or
management;
v. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
51.10 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), The Contractor should adopt and enforce on-the-job
seat belt policies and programs for its employees when operating company-
owned, rented, or personally owned vehicles and encourage its subcontractors to
adopt and enforce on-the-job seat belt policies and programs for their employees
when operating company-owned, rented, or personally owned vehicles.
51.11 Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees,
subrecipients, and subcontractors to adopt and enforce policies that ban text
messaging while driving, and the Contractor should establish workplace safety
policies to decrease accidents caused by distracted drivers.
All other terms and conditions of the Original Agreement, dated March 21, 2019, as amended,
not inconsistent herewith, shall remain in full force and effect.
[REMAINDER OF PGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
7
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
.Y'�ti-l�J ����� Ct�
F ,% ;�q-( La:�� BOARD OF COUNTY COMMISSIONERS
°�' . `� "'° _ IN MADOK, CLERK OF MONRO : 1 UNTY FLORIDA
S,rT,,, A t r tr, f
yyyy5;,r,,1 „F 'y P4 izt .,A y dam, m '.7 '. 2y'fir
1 i L �rF r .�"4 4�.'�Y E h :/
VITWatAl ` )',q'v �/'�7', •_ �l�I• W By ' "r ,,+1 r
'P4:: ir coili JT", (.:;A D puty Clerk Ma -•r
`a.
Date: )5i22.I2023
Witnesses for CONTRACTOR: CONTRACTOR: SUB-ZERO,INC.
lis, '
( egQ--. LeflaA----- Signature of person tithorized to
Signature legally bind SUB ERO,INC.
Printed Name:-Eire ZDater -/�_ 3 ,
_. ,,,ar_l___7(..,)
Date Print Name and Titl
r
i , ,N11 Address: 6 oo k�
-ems S� (` Avic--
4aiure k----e _
ui (3Q,QE 330I/Q
Printed Name: Ind ��ciye -- - DLO c- „Qv - a Li
Telephone Number
Date f.. `71
.._ rn
`fi
jr..,.. call6-". ----...,c7
NIONROE COUNTY ATTORNEY'S OFFICE
(74,W2,11....9 r,
. TO N
A SISTP ATR Cp!1IA 3IEATTSORNEY
DAM! _
- 8
ATTACHMENT A
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
FINANCIAL ASSISTANCE AGREEMENT
9
Oki B Apprw,ed No. 1505-0271
Expiration Date I 1�30/2021
U.S. I7FII,'k'I'MENJ'1'01'"I'HE'I'RLASt,�IZY
C',OR(I)NAVIRUS STAIT AND LOC,r1L FISCAL RE(.OVFRY 171,"NI)S
Recipient name and address- DUNS Number 073876757
Monroe C'ount'v Board of'Cornmissioners Taxpayer Identification Nurnbcr:596000749
1100 Simonton Street, Room 2-213 Assistance Listing Number and'fide: 21.027
Key West,Florida 33040
Sections 602(b,)and 003(b)of the Social Security Act(the Act)as added by section 9�)O t ofthe American Rescue Plan Act, Pub L..
No. 117-2(March 11,202 1)authorizes the Department of Treasury(Treasury)to make Payments to certain recipients from the
Ccironavirus Suite Fiscal Recoven'Fund and the Coronavirus Local Fiscal Recoveiry Fund,
Recipients hereb\:agrees,as a condition to reCCiVing Such payment frorn Tre&qury, agrees to are terns attached hereto.
Recipient:
"'i""y signed by Tina Boar?Date:2022.08,02 09:11:02
Tina Boan
04'00'
Authorized Representative Signature(above)
Authorized Reproseritative Name: Tina Boan
Authorized Ikepresentative Tale, Senior 7 t-Ctol Bud'get FuLwice
Date Signed:
U S. Department of the Treasuf y:
ALIthorized Representative Signature(above)
Authorized Representative Mine: Jacob Lcibenluft
Authorized Representative Ti tie: Chiel'Recoverr(')fficej-'(_)[Ice of'ReCoVerN Programs
Date Signed: Mari 14,2021
PAPER,WORK
The irdbunation cot lected wil I be used for the U S,Goo ernrnent to process requests ftv suppKirl "Thor estunated knden a."ovwted with this(xfflection of
inforinationis 1,5niinutespe�rosp,,se c'miunents �)Lirdet estiinateaiitisug�,,estiotis ft)rredUQjjjgthjs hurden should bL doected
to the Office of 116%ac,,Tr an Inarenc,and Records,Department of tile ui,,,j SX)pe�jjI Sy I'teaq h,ania `,ve,N W,Washington D.0 20220.DO NOT e,ervJ the
forth 0 Clefs adchess..1,n apnc,,ma!not condictorsponscw,and a is not required Lo re'spond to,a coNection of',y1fctwation w less it displays a vatid
control nunber assigned by 01,113,
10
............
U.S.DEPARTMENT OFIAIE TREASURY
(_70RONAVIRUS STATE FISCAL RECOVERY FUI�D
AWARD TERMS AND CONDITTONS
a, Recipient uriderst,,,irids and agrees that the funds disbursed under this award may only be used in compliance with sections
602(c)and 603(c)of the Social Security Act(die Act)and'Treasury's regulations implementing that section and guidance.
1), Recipient will detennine prior to engaging in any pr(JeCt using this assistance that it has the institutional,,managerial,and
financial capability to ensure proper planning,management,and completion of such project.
1 3 ,
The period of performance for this award begins on the date hereof and ends on Decemlv, ,r 31,2026,As
set forth in Treasury's implementing reg-ulatiorts,Recipient may use award funds to cover eligible costs incurred during the period
that begins on March 3, 2021 and ends on December 31,2024,
3 ;a on Recipient agrees to comply with any reporting obligations,established by'freasury,as it relates to this award.
4 Maintenance of and Access to Recorl',
a. Recipient shall maintain records and financial document,sufficient to evidence compliance with sections 602(c)and
603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds.
b. 'The'treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives,
shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to
Treasury,whichever is later.
i pu,�- Cs s Pre-award costs,as defined in 2 CY,R_ §200.458,may no)t be paid with funding from this award.
6.Achri inistrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.
7,Cost ShaLIEZ.Cost sharing or matching funds are not required to be provided by Recipient.
9 (".'anflicis ofInterest.,Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. §
200 318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and
subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,,my potential conflict of interest
affecting the awarded furick in accordance with 2 CY,R.§200.111
a.. Nvith Annficabie Law and Regulations,
a, Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury
pursuant to sections 602(t)and 603(t)of the Act,and guidance issued by Treasury regarding the foregoing Recipient also
agrees to,comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include,without limitation,the following:
1. Uniform Administrative Requirements,Cost Principles,and Audit Requirement,;for]iederal Awards,2(..,,F,R,Part
200,other than such provisions is Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by'freasury. Subpart F--Audit Requirements of the Umfonn Guidance,
implementing the Single Audit Act,shall apply to this award,
ii, Universal Identifier and System for Award Management(SA.NA.),2 C.F.R.Part 25,pursuant to which the award term
set forth in Appendix A to 2 C.F.R Part 25 is hereby incorporated by reference,
in. Reporting Subaward and Executive Compensation Information, 2 C.F.R,Part 170,pursuant to,which the award term
set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference.
iv OMR,Guidelines to Agencies on(3overrimentwide DeNurnerit and Suspension(Nonprocurement),2 C.F,R. Pail
180, including the requirement to include a term or condition in all lower tier covered transactions(contracts and
subcontracts described in 2 CER.Part 180,subpart.13)that the award is subject to 2 CY. R.Part 180 anolTreasury's
implementing regulation at 31 C.F.R.Part 19.
v. Recipient Integrity and Perfon-nance Matters,pursuaritto which the award term set forth in 2 C.F.R.Part 200,
Appendix X11 to Part 200 is hereby incorporated by reference.
vi. Goverrinientwide Requirements for Drug-Free Workplace,31 CF,R Part 20.
vu. New Restrictions on Lobbying,31 C,F.R.Part 21.
viii. Uniform Relocation Assistance arid Real Property Acquisitions Act of 1970(42 U,S.C.§§4601-4655)and
implementing regulations.
ix Generally applicable federal environmental laws and regulations
c Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following:
i. Title VI of the Civil Rights Act of 1964('42 U.S.(",§§20(K)d et seq.)and Treasury's implementing regulations at 31
C.FR.. Part 22 which prohibit discrimination on the basis of race,color,or national origin under programs or
activities receiving federal financial assistance,
ii. 'I fie Fair Housing Act,Title VIll of the Civil Rights Act of 1968(42 U.S.C- §§3601 et seq.),which prohibits
discrimination in housing on the basis of race,color,religion,national origin,,sex familial status,or disability-,
iii. Section 504 of the Rehabilitation Act of 1973„as amended(29 U&C, §794), which prohibits discrimination on the
hasis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination.Act of 1975,as arnended(42 US.Cl. §§6101 et seq.).and Treasury's implementing
regulations at 31 C.F.R.Fart 23,which prohibit discrimination on die basis of age in programs or activities
receiving federal financial assjstancen and
v. Title 11 of the Americans with Disabilities Act of 1990,as amended(42 U&C §§ 12101 et seq),which prohibits
discrimination on the basis of disability under programs,activities,and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws,
Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional
conditions on the receipt oaf subsequent tranche of future award funds,if any,oi-take other available remedies as set forth in 2
C.F.R. §200.339.In the case of violation of sections 602(c)or 603(c)of the Act regarding,the use of funds,previous payments
shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act,
I I flat ch Act,Recipient agrees to comply,as applii cable,with requirements of the Hatch Act(5 U.S.0 §§ 1501-1508 and
7324-7328),which limit certain political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by this federal assistance.
12.False Statonf,�- Recipient understands that making false statenients or claims in connection with this award is a violation of
federal law and may result in criminal,civil,or administrative sanctions„including fines,imprisonment,civil damages and
penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law.
13,Publican mL Any publications produced with funds from this award must display the following hmguage:"This project[is
being][wasf supported,in whole or in part,by federal award nuniber[enter project FAIN]awarded to Monroe County Board of
Commissioners by the U,S.Department of the Treasury."'
a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally detcrin ined to be authorized to retain
under the terms of this award;(2)that arc,determ ined by the Treasury Office of Inspector General to have been misused,or
(3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(c)and 603(c)of the
Act and have riot been repaid by Recipient shall constitute a debt to the federal government.
li. Any debts determined to be owed the federal government must be paid promptly by Recipient A debt is delinquent if it has
riot been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements
have been made or if the Recipient knowingly or improperly retains funds that are a debt,is defined in paragraph 14(a).
Freasury will take any actions available to it to collect such a debt.
12
-----------
I i Disclaimer
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of
Recipient or third persons resulting in death,bodily injury,property damages„or any other losses resulting in any way from
the performance of this award or any tether losses resulting in any way from the performance of this award or any contract,
or subcontract under this award.
b. The acceptance of this award by Recipient does not in.any way establish an agency relationship between the United States
and Recipient,
16 Protections for lh'histiclalcawers.
a. 1n accordance with 41 'U.S.C, §4712„Recipient may not discharge,demote„or otherwise discriminate against an employee
in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably
believes is evidence of gross m ism anagement of a federal contract or grant,a gross waste of federal funds,an abuse of
authority relating to a federal contract or grant,a substantial and specific;dander to public health or safety,or a violation of
law,rule,,or regulation related to a federal contract(including the;competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following.
i. A member of Congress or a representative of a committee of Congress;
r`i. At)Inspector General,
iii The Governmcnt.Accountability Office,
iv. .A"treasury employee responsible for contract or grant oversight or manage.ntent;
v. An authorized official of the Department of Justice or other law enforcement agency;
v i. A court;or grand jury;or
vii. A mm igemerat official or other employee of Recipient,contractor,or subcontractor who has the responsibility to
investigate„discover,or address inisconduct.
c. Recipient:shall i.nfor a its employees in writing;of the rights and remedies provided under this section,in the predominant
native language of the workforce.
17. In;r asiraa aut min the United,Sualt Pursuant to Executive Order 1:3043,tit F'R 19217(Apr, 18, 1997),Recipient
should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when
operating company-owned,rented or personally owned vehicles.
I f1 R d r Dirty Text Ve s,,zapiro Whiled Purstatant to Executive,girder 13513,74 FR 51225(Oct. 6,7009)„recipient should
encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text rnessag*ing while driving„and
Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
13
OMB Approved No. 1505-0271
1^.xpiration Date: 11/30/2021
ASSURANCE OF COMPTAANCE WITH CIV11,W.Gi-rrS REQLIREMENTS
ASSURANCE OFTFLE
CIVIL,RIGHTS A(.,T'OF 1964
As a condition of receipt of federal financial assistance from the Department.of the Treasury,the Monroe(;aunty:Board of
(-oramissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance
may include federal grants,loan:,and contract,;to provide assistance to the recipient's licneficiaries,the use or rent of Federal larid,
or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the
intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated
prograrns,licenses,procurement contracts by assist
h Federal government at market value,or programs that provide direct benefits.
This assuranceaf)plies to all federal financial assistance from or funds made available through the Department of the Treasury,
including any assistance that the Recipient may request in the future.
The Civil Rights ReStOTation Act of 1997 provides that the provisions of this assurance apply to all of the recipient's progrimis,
services arid activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above
I. Recipient ensures its current and future compliance with Title VI of the(7ivil Rights Act of 1964,as amended,which
prohibits exclusion from participation,denial of the benefits of,or sulk ection to discrimination under programs and
activities receiving federal funds,of`any person in the United States on the ground of race,color,or national origin(42
U.S.C. §20(od et seq.).,as implemented by the Department of the Treasury Title V.1 regulations at 31 CFR Part.22 and
other pertinent executive orders such as Executive Order 13166r directives;circulars;policies;memoranda and/or guidance
documents.
1 Recipient acknowledges that Executive Order 13166,"Improving Access to Services for with Limited English
Proficiency,"seeks to improve access to federally assisted programs and activities for individualsArlio,because.of national
origin,havel.imited English proficiency(1,EP).Recipient understands that,denying a person access to its programs,
.service-,,and activities because of L,EP is form of national origin discrimination prohibited under Title VI of the Civil
Rights Act of 1964 and the Department of the'freaSMY'S implementing regulations.Accordingly,Recipient shall initiate
reasonable steps,or comply with the Department of the Treasury's directives,to ensure that I.EP persons have meaningful
access to its prognuns,set-vices,and activities.Recipient understands and agrees that meaningful access may entail
providing language assistance services,including oral interpretation and written translation where necessary,to ensure
effective communication in the Recipient's programs,services,and activities,
1 Recipient agrees to consider the need for language services for 1,F,,P persons during development of applicable budgets and
when conducting programs,services and activities.As a resource,the Department of the Treasury has published its L,E,P
guidance at 70 FR 6(..)67.For more information on LEP,please visit tit)//ww
4. Recipient acknowledges and agrees that compliance with this assurance constitutes a Condition of continued receipt of
federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees;for the
period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors,
transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every
contract or agreement subject to Title V1 and its regulations between the Recipient,and the Recipient's sub-grantees,
contractors,subcontractors,successors,transferees,and assignees:
The sub-grantee, contractor,subcontractor,successor transferee,and assignee shall comply with Title VI of the
CAWRighu Act ol'1964, which prohibia recipients of&dcralfinancial assistance from 6wcludingftom a program
or acnvjty, ciepzYing benefits oil'or otherwise discrnniriatii�against a person on the basis qfrace, color; or
national ongin(42 ().&C.§2000detseq.), as implemented kv the Department raf the Treasury's Title V1
regulation Y,31 CPR Part 22, which are,herein incorporatl&by riy,erence and nuide apart ql'this contract for
agreement). .Title T,7 also includes protection to persons with "Limited English Pr qficiency"in any'program or
activity receivingftderal financial assistance, 42 U.S.0.. §2000d elseq., as implemented bY the Depannient of 1he
Treasiny'!Z Title T,7 regulations, 31 CRR Part 2Z and herein inew,porate,d by re.jerence and made a part qfthis
contract or agreement.
6 Recipient understands arid agrees that if any real property or structure is provided or improved with the aid of federal
financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent
transfer-,the transferee,for the period during which the real property or structure is used for a purpose for which the federal
financial assistance is extended or for another purpose involving the provision of similar sery ices or benefits.If any
14
personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or
possession of the property,
T Recipient shall cooperate in any enforcement or compliance review activities by the Department of theTreasur-y of the
aforementioned obligations. F,nforcement may include investigation,arbitration,mediation,litigation,and monitoring of
any settlement agreements that may result from these actions, That is,the Recipient,shall comply with information requests,
on-site compliance reviews,and reporting requirements.
8. Recipient shall maintain a complaint.log and inform the Department of the Treasury of`any complaints of discrimination or)
the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of
1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the
complaint,pending or completed,including outcome,Recipient also must inform the Department ofthe Treasury if
Recipient has received no complaints under Title V[_
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of"fide VI and
efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and
the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the
Recipient must provide documentation of the settlement.IT Recipient has not been the subject of an),court or administrative
agency finding of discrimination,please so state.
M If the Recipient makes SUb-awards to other agencies or other entities,the Recipient is responsible for ensuring that
sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make
sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub-recipients.
The LJmted States of America has the right to seek judicial enforcement of the terms of this assurances document
and nothing,in this document alters or limits the federal enforcement measures that the United States may take in older to
address violations of this document or applicable federal law
Under penalty of"perjury„the undersigned official(s)certifies that he/she has read kind understood its obligations as
herein described,that any information submitted m,conjuriction with this assurance docurnerttL'S accurate and complete,and
that th Recipient is in comphan,$'A h the aforementioned nctridiscrinlination requirements.
Recipient
Tina Boan 2L2 (J 4 Signature of Authorized Official:
PAPEAWORK P&DUCTION AC NOUCE.
The infortnation collected will be used for the U.S.GOVOullnent to Process requests l6rsu1q)ort.The esurtrated burden associate(I wall t1a,collection of
infointrition is IS unnates per response.C''ontruelds concerning the accuracy of this barden estimate atul suggestions for re(lucing this burden shoald Le directed
to tlie Office of Privacy,Transparency and Records,Departinerl of theTreassury,1500 Pennsylvania Ave.,N.W.,Washingion,D.C.20n_ ().DO NOT send the
form to this a(kiress,An agency may not condact or sponsor,and a Person is not required to respond to,a collection ofinfornadion antess it displays aralici
control number asRigned by C)MB.
15
Date
CERTIFICATE OF LIABILITY INSURANCE 12/16/2022
Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no
2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend
Holiday, FL 34691 or alter the coverage afforded by the policies below.
(727) 938-5562 1 Insurers Affording Coverage NAIC#
Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075
2739 U.S. Highway 19 N. InsurerB:
Holiday, FL 34691 Insurer C:
Insurer D:
Insurer E:
Coverages
The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document
with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions,and conditions of such policies. Aggregate
limits shown may have been reduced by paid claims.
INSR ADDL Policy Effective Policy Expiration Limits
LTR INSRD Type of Insurance Policy Number Date(MM/DD/YY) Date(MM/DD/YY)
GENERAL LIABILITY Each Occurrence
Commercial General Liability Damage to rented premises(EA
Claims Made ❑ Occur occurrence)
Med Exp
Personal Adv Injury
General aggregate limit applies per:
General Aggregate
Policy ❑Project ❑ LOC
Products-Comp/Op Agg
AUTOMOBILE LIABILITY Combined Single Limit
(EA Accident)
Any Auto
Bodily Injury
All Owned Autos
�.
Scheduled Autos (Per Person)
irk
Hired Autos � ^' �, Bodily Injury
Non-Owned Autos By
71 .14 . 23 (Per Accident)
� _ Property Damage
(Per Accident)
EXCESS/UMBRELLA LIABILITY Each Occurrence
Occur ❑Claims Made Aggregate
Deductible
A Workers Compensation and x I WC Statu- OTH-
Employers'Liability WC 71949 01/01/2023 01/01/2024 tory Limits ER
Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000
excluded? NO
E.L.Disease-Ea Employee $1,000,000
If Yes,describe under special provisions below.
E.L.Disease-Policy Limits $1,000,000
Other Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616
Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 84-67-001
Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company":
Sub-Zero,Inc.
Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s) ,while working in: FL.
Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity.
A list of the active employee(s)leased to the Client Company can be obtained by emailing a request to ce rtif icates@ lion insurancecompany.corn
Project Name:
ISSUE 12-16-22(BP)
Be in Date:3 5 2012
CERTIFICATE HOLDER CANCELLATION
MONROE COUNTY BOCC Should any of the above described policies be cancelled before the expiration date thereof,the issuing
insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to
do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives.
KEY WEST, FL 33040
ow-