05/02/2023 Agreement Monroe County Purchasing Policy and Procedures
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under
Effective Date:
Expiration Date:
Contract Purpose/Description:
W Exterior P. ,�.... �......_
ainting,MCSO Cudioe Substation
20950 Overseas Hwy,Cudjoe Key,FL 33042
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: William Desantis 4307 Facilities Maintenance
CONTRACT COSTS
Total Dollar Value of Contract: $ 19,500.00 Current Year Portion: $
(must be$100,000 00 or less) _. (If multiyear agreement then
requires BOCC approval,unless the
f.rat li•,,II>€ti Ilir,i;l;i.:;
`I
Budgeted? YesO No ❑
Grant: $ 19,500.00 County Match: $
FLiiid/Cost Center/S)etid Cate,ol• : 125-0606e-00062/t;NT-000002 5
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
I'ngurance I wired: YES ❑NO ❑
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: William Desantis
Coup Attorne g Patricia Eables Digitally signed by Patricia Eables
y Si nature: Date:2023 05 01 11:24:45-04'00'
Risk Management Signature: Jaclyn Flatt a.-- os 1`�'l'_o�s. .-.
-
PurchasingLisa Abreu Digitally signed by Lisa Abreu
Signature: Dale:2023.05.01 13:22:08-04'00'
OMB John Quinn Digitally signed by John(]wind
Signature:gnatu re: Date:2023.05 01 14:04:50-04'00'
Comments:.
Revised BOCC 4/19/2023
Page 84 of 105
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR SERVICES
FOR
Exterior Painting, MCSO Cudjoe
Substation, 20950 Overseas Highway,
Cudjoe Key, Florida 33042
BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates, District 1
Mayor Pro Tem. Holly Merrill Raschein, District 5
Michelle Lincoln, District 2
James K. Scholl, District 3
David Rice, District 4
COUNTY ADMINISTRATOR
Roman Gastesi
Clerk of the Circuit Court Facilities Maintenance Director
Kevin Maclok William DeSantis
4/24/2023
PREPARED BY:
Monroe County Facilities Maintenance Department
Page 1 of 52
Monroe County Facilities Maintenance
General Scope of Work
Job Name: Exterior Painting
Job Location: MCSO Cudjoe Substation
20950 Overseas Highway
Cudjoe Key, FL 33042
Contact: Chrissy Collins
Facilities Maintenance
Chrissy Collins
coliinis cho ins�LC�t n'ioit:oe ti ���.
p::iRAv- g(Ly
305-304-9711 ����� � -
.��..,��
Willie DeSantis
des�azids- iliiain(if.:t:
305-796-1250
PROJECT OVERVIEW
PROJECT INTENT AND SCOPE
GENERAL REQUIREMENTS
1. Project Overview
A) Monroe County ("Owner" or "County") shall enter into a contract with a qualified
Contractor to paint the exterior of the MCSO Cudjoe Substation, including the interior
portion of the bay, at Cudjoe Key, Florida. The term of this contract shall commence upon
the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase
Order/Task Order. Once commenced, the undersigned shall diligently continue
performance until completion of the Project. The undersigned shall accomplish Final
Completion of the Project within Thirty (30) days, thereafter.
The Contractor shall be required to secure and pay for all required permits and approvals
to perform the work which may include: Monroe County Building Department, and any
other permitting or regulatory agencies,if applicable. Contractor shall include those permit
fees as a part of the Contractor's bid.
Page 2 of 52
B) All quotes are due by Thursday, April 27, 2023, at 3:00 P.M., via email to Collins-
chrissy@monroecounty-fl.gov. All Quotes must state they will be good for one hundred
twenty (120) calendar days from submittal due date.
2. Project Intent and Scope
Scope of Work:
The Contractor shall provide the following Scope of Work and provide all labor and
materials to complete the exterior painting of MCSO Cudjoe Substation:
1. Complete exterior of building will be power washed and prepped by caulking and
spackling as needed.
2. Building will be painted, including the interior portion of the bay, with two (2)
coats of Sherwin Williams Loxon XP latex premium paint, color will be matched
to existing green color.
3. All trim on building will be painted with Sherwin Williams Loxon XP color, Pure
White.
3. General Requirements
A) The Contractor shall coordinate all activities with the Monroe County Facilities
Maintenance Department contact:
Chrissy Collins at 305-304-9711
B) The Contractor is required to provide protection for all existing surfaces including,
but not limited to:
i. Existing fixtures
ii. Personal Items
iii. Floors
iv. Vehicles and Personal Property
V. Landscaping
C) The Contractor shall ensure that all non-exempt employees for this effort are
compensated in accordance with all State and Local Laws.
D) The Contractor shall load, haul, and properly dispose of all construction debris and
materials.
E) The Contractor shall provide and maintain appropriate (OSHA required)
construction warning signs and barriers.
F) The Contractor shall furnish all required work site safety equipment.
Page 3 of 52
G) The Contractor shall furnish and maintain on-site material safety data sheets
(MSDS) for all materials used in the construction.
H) Construction work times shall be limited to:
Specified by the County
I) All materials must be approved by submittal prior to commencement of work.
T) The Contractor shall provide a lump sum price by Thursday, April 27, 2023, at
3:00 p.m., via email as noted herein.
K) The Contractor needs to be aware of weather and location and plan accordingly.
L) The Contractor needs to be aware of the facility,its residents, and staff with unusual
schedules and plan accordingly.
M) The Contractor shall provide a safety lift plan for any crane/hoist work.
N) If applicable, Contractor shall provide paper or electronic copies of all original
device specifications, warranties, maintenance schedules, shop drawings, permits, repair
and maintenance contacts, and any other information necessary for the proper function and
maintenance of the equipment.
O) The Contractor shall provide a schedule for all phases of the project.
P) The Contractor shall coordinate all activities with concurrent site work being
performed, if any.
Q) Insurance Requirements:
Workers Compensation Statutory Limits
Employers' Liability $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
General Liability $200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
Vehicle: $200,000 per Person
(Owned, non-owned, $300,000 per Occurrence
and hired vehicles) $200,000 Property Damage
or
$300,000 Combined Single Limit
Page 4 of 52
Builders Risk Not Required
Construction Bond Not Required
The Monroe County Board of County Commissioners, its employees and officials,
1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder
and Additional Insured on General Liability and Vehicle policies. A"Sample" Certificate
of Insurance is attached, which may not be reflective of the insurance amounts required for
this project but is provided for"informational purposes" only.
R) The Contractor is required to have all current licenses necessary to perform the
work and shall submit the Contractor's License and Monroe County Business Tax Receipt
along with its Proposal. If the Contractor is not a current registered Monroe County
Vendor, then it shall also submit a properly completed and executed W-9 Form.
S) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE.
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, the Contractor shall defend, indemnify and hold the County and the County's
elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason
of, or in connection with, (A) any activity of the Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of
the Contractor or any of its employees, agents, sub-contractors or other invitees, or(C)the
Contractor's default in respect of any of the obligations that it undertakes under the terms
of this Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions
of the County or any of its employees, agents, contractors or invitees (other than the
Contractor). The monetary limitation of liability under this contract shall be equal to the
dollar value of the contract and not less than$1 million per occurrence pursuant to Section
725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance
requirements included in Paragraph 3 Q. herein. Insofar as the claims, actions, causes of
action, litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement,this section will survive the expiration of the term
of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project(to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay. Should any claims be asserted against the County by virtue of
any deficiency or ambiguity in the plans and specifications provided by the Contractor,the
Contractor agrees and warrants that the Contractor shall hold the County harmless and shall
Page 5 of 52
indemnify it from all losses occurring thereby and shall further defend any claim or action
on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
United States De artnient of the Treasury Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the United States Department of the Treasury and its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's
fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the Contractor in the
performance of this Contract.
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.
T) NON-COLLUSION. By signing this proposal, the undersigned swears, according
to law on his/her oath, and under penalty of perjury, that their firm executes this proposal
with prices arrived at independently without collusion, consultation, communication, or
agreement for the purpose of restricting competition,as to any matter relating to such prices
with any other bidder or with any competitor. Unless otherwise required by law,the prices
which have been quoted in this proposal have not been knowingly disclosed by the
proposer and will not knowingly be disclosed by the proposer prior to proposal opening,
directly or indirectly,to any other proposer or to any competitor.No attempt has been made
or will be made by the proposer to induce any other person, partnership or corporation to
submit, or not to submit a proposal for the purpose of restricting competition. The
statements contained in this paragraph are true and correct, and made with the full
knowledge that Monroe County relies upon the truth of the statements contained in this
paragraph in awarding contracts for this project.
U) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR
EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not
employed, retained or otherwise had act on his/hers/its behalf any former County officer
or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of
this provision the County may, in its discretion, terminate this Agreement without liability
and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to
the former County.officer or employee.
V) CODE OF ETHICS. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313,Florida Statutes,regarding,but not limited
Page 6 of 52
to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
W) DRUG-FREE WORKPLACE.By signing this proposal,the undersigned certifies
that the contractor complies fully with, and in accordance with Florida Statute, Section
287.08.7, the requirements as follows:
1) They will publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled substance
is prohibited in the workplace and specify the actions that will be taken against
employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug
counseling,rehabilitation, and employee assistance programs, and the penalties that
may be imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection 1.
4) In the statement specified in subsection I, notify the employees that, as a
condition of working on the commodities or contractual services that are under bid,
the employee will abide by the terms of the statement and will notify the employer
of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 (Florida Statutes) or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5)
days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, for any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
ADDITIONAL CONTRACT PROVISIONS
I) Nondiscrimination/Equal Employment Opportunity.
The Contractor and County agree that there will be no discrimination against any
person,and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party., effective the date of the court order.
Contractor 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 in employment on the basis of race, color, religion, sex, or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.
1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of
1975, as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis
Page 7 of 52
of age; 5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as
may be amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color,sex,religion,national origin, ancestry,sexual
orientation, gender identity or expression, familial status or age; and 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order
11246Relating to Equal Employment Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II,¶C, agrees as
follows:
1) The Contractor will not discriminate against any employee or applicant
for employment because of race, color,religion, sex, sexual orientation,
gender identity, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are
treated equally during employment, without regard to their race, color,
religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender identity, or national
origin.
Page 8 of 52
3) The Contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such
employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an
employee, who has access to the compensation information of other
employees or applicants as a part of such employee's essential job
functions, discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such
information,unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is
consistent with the Contractor's legal duty to furnish information.
4) The Contractor will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the agency
contracting officer, advising the labor union or workers' representative
of the Contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants 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
contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
7) In the event of the Contractor's non-compliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared
ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
Page 9 of 52
8) The Contractor will include the portion of the sentence immediately
preceding paragraph(1) and the provision of paragraphs (1)through(8)
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event a contractor becomes involved in,
or is threatened with,litigation with a subcontractor or vendor as a result
of such direction by the administering agency the Contractor may
request the United States to enter into such litigation to protect the
interests of the United States.
Title VI of the Civil RjQhts Act of 1964. The Contractor and any subcontractor,
successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act
of 1964, which prohibits recipients of federal financial assistance from excluding from
a program or activity, denying benefits of, or otherwise discriminating against a person
on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part
22, which are herein incorporated by reference and made a part of this contract (or
agreement). Title VI also includes protection to persons with "Limited English
Proficiency"in any program or activity receiving federal financial assistance,42 U.S.C.
§ 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of
this contract or agreement.
II) Termination Provisions.
A. In the event that the Contractor shall be found to be negligent in any aspect of
service, the County shall have the right to terminate this agreement after five (5)
days' written notification to the Contractor.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days' written notice of its intention to do so.
C. Termination for Cause and Ren:iedies: In the event of breach of any contract terms,
the County retains the right to terminate this Agreement. The County may also
terminate this agreement for cause with Contractor should the Contractor fail to
perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the County shall
provide Contractor with five (5) calendar days' notice and provide the Contractor
with an opportunity to cure the breach that has occurred. If the breach is not cured,
the Agreement will be terminated for cause. If the County terminates this
agreement with the Contractor, County shall pay Contractor the sum due the
Contractor under this agreement prior to termination,unless the cost of completion
to the County exceeds the funds remaining in the contract; however, the County
Page 10 of 52
reserves the right to assert and seek an offset for damages caused by the breach.
The maximum amount due to Contractor shall not in any event exceed the spending
cap in this Agreement. In addition, the County reserves all rights available to
recoup monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of the County's False
Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code.
D. Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon seven(7) days' notice to Contractor. If the County
terminates this agreement with the Contractor, County shall pay Contractor the sum
due the Contractor under this agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract. The
maximum amount due to Contractor shall not exceed the spending cap in this
Agreement. In addition, the County reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and
including the right to pursue a claim for violation of the County's False Claims
Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code.
E. Scrutinized.Corn jai ies:
For Contracts of any amount, if the County determines that the
Contractor/Consultant has submitted a false certification under Section 287.135(5),
Florida Statutes or has been placed on the Scrutinized Companies that Boycott
Israel List, or is engaged in a boycott of Israel, the County shall have the option of
(1) terminating the Agreement after it has given the Contractor/Consultant written
notice and an opportunity to demonstrate the agency's determination of false
certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2)
maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
III) Maintenance of Records.
The 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) for a period of seven (7) years from the
termination of this Agreement or for a period of five (5) years from the submission of
the final expenditure report as per 2 CFR §200.33, whichever is greater. Each party to
this Agreement or its authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records purposes
during the term of the Agreement and for seven (7) years following the termination of
this Agreement.
Further, the Contractor is subject to the following:
1) The Contractor shall maintain records and financial documents sufficient to
evidence compliance with Sections 602(c)and 603(c)of the social Security
Act, Treasury's regulations implementing that section, and guidance issued
by the Department of the Treasury regarding the foregoing.
Page 11 of 52
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.
IV) Fight to Audit.
Availability of Records. The records of the parties to this Agreement relating to the
Project,which shall include but not be limited to accounting records(hard copy,as well
as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); back charge
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or the Monroe County Office of the Clerk of Court and
Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related
to this agreement, and all other agreements, sources of information and matters that
may in Owner's or the County Clerk's reasonable judgment have any bearing on or
pertain to any matters, rights, duties, or obligations under or covered by any contract
document (all foregoing hereinafter referred to as "Records") shall be open to
inspection and subject to audit and/or reproduction by Owner's representative and/or
agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as,but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, subcontractors, suppliers, and contractors' representatives. All records
shall be kept for ten (10) years after Final Completion. The County Clerk possesses
the independent authority to conduct an audit of records, assets, and activities relating
to this Project. If an auditor employed by the County or Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall
repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida
Statutes,running from the date the monies were paid to Contractor. The right to audit
provisions survive the termination or expiration of this Agreement.
V) Payment of Dees/ Invoices.
County shall pay pursuant to the Florida Local Government Prompt Payment Act, Fla.
Stat., Sec. 218.70,upon receipt of a Proper Invoice from the Contractor. Payments due
and unpaid under the Contract shall bear interest pursuant to the Florida Local
Government Prompt Payment Act.
The Contractor is to submit to the County invoices with supporting documentation that
are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted
Page 12 of 52
accounting principles and such laws, rules, and regulations as may govern the Clerk's
disbursal of funds. Invoices shall be submitted to Monroe County Facilities
Maintenance Department, Attention Chrissy Collins, via email to Collins-
chrissy@monroecounty-fl.gov.
The County is exempt from sales and use taxes. A copy of the tax exemption certificate
will be provided upon request.
Final payment shall be made by the County, as the Owner, to the Contractor when the
Contract has been fully performed by the Contractor and the work has been accepted
by the County.
VI) Public Records Coinxrliance.
The Contractor must comply with Florida public records laws,including but not limited
to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of
Florida. The County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, records, papers, letters or other"public record"materials
in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the County and Contractor in conjunction with this
contract and related to contract performance. The County shall have the right to
unilaterally cancel this contract upon violation of this provision by the Contractor.
Failure of the Contractor to abide by the terms of this provision shall be deemed a
material breach of this contract and the County may enforce the terms of this provision
in the form of a court proceeding and shall, as a prevailing parry, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would
be required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract,the Contractor shall destroy any
Page 13 of 52
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the Contractor of the request, and the Contractor
must provide the records to the County or allow the records to be inspected or copied
within a reasonable time.
If the Contractor does not comply with the County's request for records, the County
shall enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the
public records to the County or pursuant to a valid public records request within a
reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose
of any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN
OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE NO. 305-
292-3470 BRADLEY-BRIAN aIMONROECOUNTY-F'L.GOV
MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street
SUITE 408 KEY WEST FL 33040.
VII) E-Verify System.
Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor
and any subcontractor shall register with and shall utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new
employees hired by the Contractor during the term of the Contract and shall expressly
require any subcontractors performing work or providing services pursuant to the
Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the work authorization status of all new employees hired by the
subcontractor during the Contract term. Any subcontractor shall provide an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. The Contractor shall comply with and be subject to the provisions
of Fla. Stat., Sec. 448.095.
Page 14 of 52
VIII) Notice Requirement.
Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepared, or by courier
with proof of delivery. Notice is deemed received by Contractor when hand delivered
by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon
the date of refusal or non-acceptance of delivery. The place of giving Notice shall
remain the same as set forth herein until changed in writing in the manner provided in
this paragraph. Notice shall be sent to the following persons:
a r�
For Contractor: A l tc ..010 K) -��
For Owner: Facilities Maintenance Department
Attention: Chrissy Collins
123 Overseas Highway—Rockland Key
Key West, FL 33040
And
Monroe County Attorney's Office
1111 12th Street
Suite 408
Key West, Florida 33040
IX) Uncontrollable Circumstance.
Any delay or failure of either Party to perform its obligations under this Agreement
will be excused to the extent that the delay or failure was caused directly by an event
beyond such Parry's control, without such Parry's fault or negligence and that by its
nature could not have been foreseen by such Party or, if it could have been foreseen,
was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion,tropical storm,
hurricane or other declared emergency in the geographic area of the Project; (c) war,
invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or
other civil unrest in the geographic area of the Project; (d) government order or law in
the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or
after the date of this Agreement; (f) action by any governmental authority prohibiting
work in the geographic area of the Project;(each, a "Uncontrollable Circumstance").
Contractor's financial inability to perform, changes in cost or availability of materials,
components,or services,market conditions,or supplier actions or contract disputes will
not excuse performance by Contractor under this Section. Contractor shall give County
written notice within seven (7) days of any event or circumstance that is reasonably
likely to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end
Page 15 of 52
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The
County will not pay additional cost as a result of an Uncontrollable Circumstance. The
Contractor may only seek a no cost Change Order or Amendment for such reasonable
time as the Owners Representative may determine.
X) Adjudication of Dis utes or Disagreements.
County and Contractor agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This Agreement is not subject to arbitration. This
provision does not negate or waive the provisions of Sections I,Nondiscrimination, or
Section II, concerning termination or cancellation.
4. FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as
amended, including but not limited to:
A) Clean Air Act 42 1d.S.C. 7401-7671 and the Federal Water Pollution
Control Act 33 U.S.C. 1251-1387 . CONTRACTOR agrees to comply with all
applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as
amended, (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act,
as amended(33 U.S.C. §§1251-1387) and will report violations to the Department
of the Treasury and the appropriate Regional Office of the Environmental
Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q) and the
Federal Water Pollution Control Act(33 U.S.C. §§1251-1387),as amended, applies
to Contracts and subgrants of amounts in excess of$100,000.00. The contractor
agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by the American
Rescue Plan Act funding. The Contractor agrees to report each violation to the
COUNTY, understands, and agrees that the COUNTY will, in turn, report each
violation as required to assure notification to the Department of Treasury/Federal
Agency and the appropriate EPA Regional Office.
B) Contract. 'lrv'ork Hours and Safety Standards Act 40 U.S.C'. 3701-3708
Where applicable, which includes all FEMA grant and cooperative agreement
programs, all contracts awarded by the County in excess of$100,000 that involve
the employment of mechanics or laborers must comply with 40 U.S.C. §13702 and
3704,as supplemented by Department of Labor regulations(29 CFR Part 5). Under
40 U.S.C. §3702 of the Act, each Contractor must compute the wages of every
mechanic and laborer on the basis of a standard work week of forty (40) hours.
Work in excess of the standard work week is permissible provided that the worker
is compensated at a rate of not less than one and a half times the basic rate of pay
Page 16 of 52
for all hours worked in excess of forty (40) hours in the work week. The
requirements of 40 U.S.C. §3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work,which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and
one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in Paragraph(b)(1)
of this section,the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for
liquidated Damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the
clause set forth in Paragraph(b)(1) of this section, in the sum of
$27 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5.
(3) Withholding for unpaid wages and liquidated damages. The
Federal agency shall, upon its own action or upon written
request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from any moneys
payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety
Standards Act,which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in
Paragraph (b)(2) of 29 C.F.R. §5.5.
Page 17 of 52
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs
(b)(1)through(4),and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set
forth in 29 C.F.R. §5.5, Paragraphs (1) through (4).
C) Rights to Inventions Made Under a Conti-act or Agreement. If the Federal
award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and
the recipient or subrecipient wishes to enter into a contract with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that"funding
agreement,"the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
D) Debarment and Suspension JExecutive Orders 12549 and 126891 A contract
award under a "covered transaction" (see 2 CFR §180.220)must not be made to
parties listed on the government-wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180
that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and
12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension" and the
Department of Homeland Security's regulations at 2 C.F.R. Part 3000
(Nonprocurement Debarment and suspension). SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549. SAM exclusions can be accessed ata r.
Contractor is required to verify that none of the contractor's principals (defined at
2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded
(defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The
Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into. This certification is a material
representation of fact relied upon by the County. If it is later determined that the
contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to the County,the Federal Government
may pursue available remedies, including but not limited to suspension and/or
debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R.
pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The Bidder or
Proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions, including that the award is subject to 2 C.F.R. Part
Page 18 of 52
180 and the Department of the Treasury's implementing regulation at 31 C.F.R.
Part 19.
E) Byrd Arai-Lobo in mendment 31 U. .C. 1352 . Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the recipient who in turn will forward the certification(s) to the
awarding agency. If the award exceeds $100,000, the attached certification must
be signed and submitted by the Contractor to the County.
F) Compliance with Procurement of Recovered Materials as set forth in 2 CFR
200.322. The Contractor must comply with Section 6002 of the Solid Waste
Disposal Act, as amended, by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain
the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition,where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines. In the performance of this contract,the Contractor shall make maximum
use of products containing recovered materials that are EPA-designated items
unless the product cannot be acquired—
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated
items, is available at EPA's Comprehensive Procurement Guidelines website,
The Contractor also agrees to comply with all other applicable requirements of
Section,6002 of the Solid Waste Disposal Act.
Page 19 of 52
G) Prohibition on certain telecommunications and video surveillance services or
equipment as set forth in 2 CFR§200.21.6.Recipients and subrecipients and their
contractors and subcontractors may not obligate or expend any federal funds to
(1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or
obtain equipment services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as
critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications
equipment produced by Huawei Technologies Company or ZTE Corporation (or
any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security purposes,
video surveillance and telecommunications equipment produced by Hytera
Communications Corporation,Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or
using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
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.
I) Domestic Preference for Procurements as set forth in 2 C.F.R. 200.322. The
County and Contractor should, to the greatest extent practicable, provide a
preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). 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.
I) Copeland "Anti-Kickback" Act 2 C.F.R. 200 Appendix II • 40 U.S.C.
43145). This section applies if the contract is in excess of$2,000 and pertains to
construction or repair, and further, if required by Federal program legislation.
Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C.
Page 20 of 52
§3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3),
"Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States"). The Act provides in
part that Contractor shall be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which it is otherwise entitled. The County shall report
all suspected or reported violations to the Department of the Treasury.
5, Other Federal and/or Department of the Treasury Requirements (as
applicable)
Section 602(b) of the Social Security Act (the Act), as added by Section 9901 of
the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes
the Department of the Treasury(Treasury)to make payments to certain recipients from the
Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund
(Fiscal Recovery Funds). Monroe County shall not enter into a Contract or make any
distributions of funds to Contractor using monies from the Fiscal Recovery Funds absent
Contractor's agreement and adherence to each term and condition contained herein. The
Contractor and its sub-contractors must follow the provisions set forth herein, as
applicable, including but not limited to:
A) Americans with Disabilities Act of 1990 ADA as amended. The
Contractor will comply with all the requirements as imposed by the ADA,
the regulations of the Federal government issued thereunder, and the
assurance by the Contractor pursuant thereto.
B) Disadva.nta ed Business Enterprise DBE Policy and Obligation. It is
the policy of the County that DBE's, as defined in C.F.R. Part 26, as
amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with County funds under this
agreement. The DBE requirements of applicable federal and state laws and
regulations apply to this Agreement. The County and its Contractor agree
to ensure that DBE's have the opportunity to participate in the performance
of the Agreement. In this regard, all recipients and contractors shall take all
necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as
set forth below), applicable federal and state laws and regulations to ensure
that DBE's have the opportunity to compete and perform contracts. The
County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin, or sex in award and performance of
contracts, entered pursuant to this Agreement.
C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY,
BUSINESSES WOMEN'S BUSINESS ENTERPRISES, AND LABOR
SURPLUS AREA FIRMS
Page 21 of 52
a. If the Contractor, with the funds authorized by this Agreement, seeks to
subcontract goods or services then, in accordance with 2 C.F.R. §200.321,
the CONTRACTOR shall take the following affirmative steps to assure that
minority businesses, women's business enterprises, and labor surplus area
T � possible.
firms are used wla���a�ver
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential
sources;
(3) Dividing total requirements,when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and
minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the reauirernent �eI I its,
which encourage participation by small and minority businesses,
and women's business enterprises;
(5) Using the services and assistance, as a pro riate, of such
organizations as the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontracts are to be let, to take
the affirmative steps listed in paragraph(1)through(5)of this section.
C) Access to Records. Contractor and its successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions
governing the access to records, accounts, documents, information, facilities and
staff by the United States Department of the Treasury. Contractors must: (1)
Cooperate with any compliance review or complaint investigation conducted by the
Department of the Treasury; (2) Give the Department of the Treasury access to and
the right to examine and copy records, accounts, and other documents and sources
of information related to the grant and permit access to facilities, personnel, and
other individuals and information as may be necessary, as required by the
Department of the Treasury regulations and other applicable laws or program
guidance; and(3) Submit timely, complete, and accurate reports to the appropriate
Department of the Treasury officials and maintain appropriate backup
documentation to support the reports.
D) Changes to Contract. The Contractor understands and agrees that any cost
resulting from a change or modification, change order, or constructive change of
the agreement must be within the scope of any Federal grant or cooperative
agreement that may fund this Project and be reasonable for the completion of the
Project. Any contract change or modification, change order or constructive change
must be approved in writing by both the County and Contractor.
Page 22 of 52
E) Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the
Contractor must report the names and total compensation of its five most highly
compensated executives and the names and total compensation of the five most
highly compensated executives of its subcontractors for the preceding completed
fiscal year if:
(a) the total federal funding authorized to date under the award funding this
Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. §170.320;
(b) the Contractor received 80 percent or more of its gross revenues from federal
procurement contracts (and subcontracts)and federal financial assistance subject to
the Transparency Act, as provided by 2 C.F.R. §170.320 (and subcontracts);
(c) the Contractor received $25,000,000.00 or more in annual gross revenues from
federal procurement contracts (and subcontracts) and federal financial assistance
subject to the Transparency Act, as defined in 2 C.F.R. §170.320 (and
subcontracts); and
(d) the public does not have access to information about the compensation of the
executives through periodic reports filed under Section 13(a) or 15(d) of the
Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or Section 6104 of the
Internal Revenue Code of 1986. To determine if the public has access to the
compensation information, see U.S. Security and Exchange Commission total
compensation filings at ),it V� ''u�." +"n::a�C�ll� }:V tl
F) No Obli ation by Federal Government, The Federal Government is not a party
to this contract and is not subject to any obligations or liabilities to the County/non-
Federal entity, contractor or any other party pertaining to any matter resulting from
the contract.
G) Program Fraud and. False or Fraudulent Statements or Related Acts. The
contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to the Contractor's actions pertaining to this
contract.
H) The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor
during the Contract term.
I) The Contractor will be bound by the terms and conditions of the Federally Funded
State & Local Fiscal Recovery Fund Financial Assistance Agreement between the
County and the United States Department of Treasury attached hereto as
Page 23 of 52
Attachment A and made a part of this Agreement.
.n The Contractor shall hold the United States and County harmless against all claims
of whatever nature arising out of the Contractor's performance of work under this
Agreement, to the extent allowed and required by law.
K) Ener v Efficiency. If applicable, the 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.
L) Conflicts of Interest. The Contractor 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 the federal
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.
M) Remedial fictions. 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 fiends,previous
payments shall be subject to recoupment 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)(III) of the Act, as applicable.
N) Compliance with Federal Law Regulations and Executive Orders. This is an
acknowledgment that Department of the Treasury (Treasury) financial assistance
will be used to fund the contract only. The Contractor agrees to comply with the
requirements of Sections 602 and 603 of the Act, regulations adopted by Treasury
pursuant to Sections 602(f) and 603(f) of the Act, and guidance issued by Treasury
regarding the foregoing. 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 and subject to such exceptions as may be otherwise
Page 24 of 52
provided by Treasury. Subpart F—Audit Requirements of the
Uniform Guidance, implementing the Single Audit Act, shall apply
to this award.
It Universal Identifier and System for Award Management (SAM), 2
C.F.R. Part 25, pursuant to which the award term set forth in
Appendix A to 2 C.F.R. Part 25 is hereby incorporated by
reference.
iii. Reporting Subaward and Executive Compensation Information, 2
C.F.R. Part 170, pursuant to which the award term set forth in
Appendix A to 2 C.F.R. Part 170 is hereby incorporated by
reference.
iv. OMB Guidelines to Agencies on 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.
O) Hatch 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 employment is
in connection with an activity financed in whole or in part by this federal assistance.
P) 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.
Q) Publications. Any publications produced with fiends 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."
Page 25 of 52
R) 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.
S) 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.
T) 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 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:
Page 26 of 52
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.
U) Increasing Seat Belt Use in tine United States. Pursuant to Executive Order
13043, 62 FR 19217 (Apr. 18, 1997),the Contractor is encouraged to 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.
V) Reducine Text Messaging While l;lrivin . 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.
Page 27 of 52
PROPOSAL FORM
PROPOSAL TO: Monroe County Facilities Maintenance
123 Overseas Highway—Rockland Key
Key West,FL 33040
PROPOSAL FROM: A I ° � � 211-1 , � dw: 14
ci ('00100
w
The undersigned, having carefully examined the Work and reference Drawings,
Specifications, Proposal, and Addenda thereto and other Contract Documents for the
construction of:
Exterior Painting, MCSO Cudjoe Substation
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having
familiarized himself with material availability, Federal, State, and Local laws, ordinances,
rules and regulations affecting performance of the Work, does hereby propose to furnish
all labor, mechanics, superintendents, tools, material, equipment, transportation services,
and all incidentals necessary to perform and complete said Work and work incidental
hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and
other Contract Documents including Addenda issued thereto.
The undersigned further certifies that he/she has personally inspected the actual location of
where the Work is to be performed,together with the local sources of supply and that he/she
understands the conditions under which the Work is to be performed. The proposer shall
assume the risk of any and all costs and delays arising from the existence of any subsurface
or other latent physical condition which could be reasonably anticipated by reference to
documentary information provided and made available, and from inspection and
examination of the site.
The undersigned agrees to commence performance of this Project within Ten (10)
calendar days after the date of issuance to the undersigned by Owner of the Notice to
Proceed/Purchase Order/Task Order. Once commenced, undersigned shall diligently
continue performance until completion of the Project. The undersigned shall accomplish
Final Completion of the Project within Thirty (30) days, thereafter.
Page 28 of 52
The Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two,the Proposal in words shall control.
Dollars,
(Total Base Proposal-words)
s II � --
... , � Dollars,
(Total Aase Proposal—numbers)
I acknowledge Alternates as follows: N/A
I acknowledge receipt of Addenda No.(s) or None
No. Dated—.—
No. Dated
Page 29 of 52
In addition, Proposer states that he/she has provided or will provide the County, along with this
Proposal, a certified copy of Contractor's License, Monroe County Business Tax Receipt, and
Certificate of Insurance showing the minimum insurance requirements for this project.
Execution by the Contractor must be by a person with authority to bind the entity.
By signing this agreement below,the Contractor has read and accepts the terms and conditions set
forth by the Monroe County General Requirements for Construction found at the link on the
Monroe County web page: litt ://f1-inoiiroecour t .civicplus.corp/B ids.as x?CatlD=r ; AND
accepts all of the terms and conditions and all Federal required contract provisions herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives, as follows: p
Contractor: " ( �< e S pigl/► M iUG NL e-`P 0ri k-,"t e.
Mailing Address: 19 cjcx-)J- Or
Abem We6 FL--� �
Phone Number:
E.I.N.:
Email: lu 1 l: S
Date
`� •. Signed: .._... ���.
Name it le
Contractor's Witness signature:
Witness name: r� Y� V
Date: 4I a� b
T—,
The County accepts the above proposal:
MONROE COUNTY, FLORIDA
County: Administrator Date: May 2, 2023
B s nistrator or Designee
, DIASTO Page 30 of PAMICIAMLES.0
Asslsm�-vyr ATTORNEY
DATE:
NON-COLLUSION AFFIDAVIT
1
I, - � ,�' - .� �� � ° f the city of � `� Lbe't�
according to law n my oath, and under penalty of perjury, depose and say that:
a. I am fa ' 14 t
of the firm of
the bidder making the Proposal for the roject d scribed in the Request for
Proposals for:
�216� )1�1�1�G MC S D tip o e -TC71RD1J
and that I executed the said proposal with full authority to do so;
b. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor; and
C. Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
d. No attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition; and
e. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained
in this affidavit in awarding contracts for said project.
(Si nature o ,P"' ° er) (Date)
STATE OF:
COUNTY OF:
Subscribed and sworn to or affirmed before me b means o h sical presence or
( ) � Y p Y
❑ online notarization, on ----Art, _ (date) by
I° (name of affiant). He/She ~K,;rsonally k in t
me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My commission expires: 74 (SEAL)
.;yy:... CHRISTM E COLLINS
It�tary ���•State a Furwda Page 31 of 52
Commission#HH 266 733
rPrt^ y Comm,Expires Jun 4,2026
"Bonded through Nationa6 Notary Assn,
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"1,jG
(Company)
warrants that he/she/it has not employed, retained or otherwise had act on his/her/
its behalf any former County officer or employee in violation of Section 2 of Ordinance
No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the
Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or
employee".
�.
(Si rte.
ature �. "�
D
STATE OF. w�
COUNTY OF:
Subscribed and sworn to (or affirmed'') before me, by means of physical presence or
❑ online notarization,. on ": w 20 (date) by
(name of affiant). He/She is
� yin whn"t rr has produced
as ident N a of identification)
I
NOTARY PUBLIC
My commission expires: � w � CHRISTINE E COLLINS
(SEA "x Notary Public-State of Florida
Commission#HH 266973
or c My Comm.Expires Jun 9,2026
Bonded through National Notary Assn.
Page 32 of 52
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance 'th Florida Statute, Sec. 287.087 hereby certifies that:
► 6l `- (�. �
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection(1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5, Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, for any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement,I certify that this firm complies fully with the above
requirements.
/'Pro oser Sig ture
mm Date
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed)before me, by means of ,ysical presence or ❑ online
notarization, on name of affiant W - ,� 1 � to me or hasproduced� � .�i.
( )
(type of identification) as ident iota.
NOTARY U IC
INE E COLLINS
EZM
c•State of Floridaon HH 266973 My Commission Expires:
xpires Jun 9,2026ational Notary Assn.
Page 33 of 52
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity, may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on
the convicted vendor list."
I have read the above and state that neither
L
J �47&C, (Respondent's name) nor any Affiliate
has been placed on the convicted vendor list within the last thirty-six (36) months.
....1gnatire
Date:
STATE OF: or r
d c-,,,
COUNTY OF: _.
Subscribed and sworn to (or affirmed) before me, by means of physical presence or
❑ online notarization, on the day of "y ,
20 LL date.,.by &.& (name of affiant).
He rsonally knouvn o me or has prod ed
(type of identification) as
identification.
NOTARY PUBLIC
(SEAL)
My Commission Expires.
ir�v'ma CHRISTINE E COLLINS
Notary Public-State of F,orida
commission d HH 266973
My Comm.Expires Jur 9.2026
Bonded through Natiora!Notary Assr.
Page 34 of 52
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Descriptions}: ' -Pi S.;�S i`- `or
Respondent Vendor Name: 1 �UC� - ' -T:4,sc—
Vendor FEIN:
Vendor's Auth ized Representative Name and Title:
Address: ( Y1
-
�
City... State. `� zip:
_ �, ��r� r
Phone Number i" Email Address: M I m 1�c- '� ,) C41
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
good or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company 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 Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with
the County may be terminated, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in
a boycott of Israel 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: Cie P, (l ( U - who is authorized to sign
on behalf of the above,referer�cp m pr dy
Authorized Signature.
Print Nawr� - C,
M,
Title: e6 °
Note: The List are available at the following Department of Management Services Site:
�dWl /1�/ f �gtl4 4IabBE 4 YP�k :0. dkfrth 1pW1 _. P.C �1pY �Y
e.nerfTriu a uuu�LLaiira�a�����d'r�i���niint v�m�t+;i�DE Hsts
Page 35 of 52
APPENDIX A 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
The Contractor,0, f• , tf)4,4 �egii Xcertifies or affirms the truthfulness
and accuracy of each statem ' t of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C.
Chap. 38, Administrative Remedies for False Claims and Statements, apply to
this certification anI disclosure, if any.
�6natur6of°`90,d ctor's Authorized Official
Y '
VAS 3
Name and Title of Contractor's Authorized Official Dat
Page 36 of 52
DISCLOSURE OF L0BBYrQG ACM'ITEES
CON=-,T-Z!rM,5 Y-ORIM T1-DIM CT-CS'E:J)SBYZ M'ACTT M=E PLTR.U-A-%,-r TC 3.U-S-C 15 2
...........
1. Type of Federal Action- 2. -Statw of Federal Action: 3. Report Type:
Ba.contracl a.bd"affix.,application a-initial
b. net b tial award b. material chan-ae
c. pom-award
d. loan For MaterW Clange Only:
0. Loan gwramee year auarDn
E loanim-urance date of[art repori
4- ame and Address of Reporting Entity zi. If Reporting Eafity in No.4 it,Subawardee,
Enter-Nanwe and Address of Prime.,
arm Subaward2e
Tier if Inovim
Con-gressiGital District if known Congressional District.if knoam
6. Federal Departntemt-Agency: Federal Program Na -Description:
CT-DA Number,er,if app:ic ab Le
a- Federal Action dumber,iftDova: 9. Award AimaniL if known:
10. a. Name mbd.U&ess of LobbT EnfitT b- IudividuLs Performing Services (.mdlw9Lng
(If indniduati,Iasi nme.first name.M, address if dfferml from No. 106)
(lax name;first nay-NEI
(attach Continuation Sheec(E-)if neces5my)
11. Amawltaf Payment(check all that apply)actual 13. T31peafFa,,-ment(checL-AtLitapph-)
plamed -1 a- retainer
F
EJ b. one-time fee
12- For of Payment(check all that apply): c- commLslior
a- ""ash d. contiEEem fee
b. in-kinl- sDecLF-,: nanae e dgemBd
Va Ue f other.spy,
14. Brief Description of Services PerfGrmed or to be pedormed and Date(s)of Service,including
officer(s),employee(s),or rnembWs)contacted,for Payment Indicated in Item 11:
(attach C orAwation Sbeet's)if oeceisarv)
1-5. Continuation Sheets)att2ched:, Yes No
16, ZVI�i by
Tjtl;,31,U,S-C-!aim 1352 Tz"A,—:-um of kkb,,* Sianawe:
rr,Lzw�A;m iAw4ad b dLq;tAt i7bv,G,; ,==11="rz
,5%;=,1d&Cc Onwod E. Th,-,.&nCJ0M-;0 i'4 TK=Qi Print Name-
pacaw to!".,V S C', 13 S2, 7k..late=ni an WKI Pis
r%pV.I%d to C0kZV;% 3%3ZA14 ftir
Telapbone No.- Dan:
,authorized-,w Loca2,Raprodwam
FederalU-,eOnIT, StmdardForm-LIL
2-6c PART 2COUNTY
Page 37 of 52
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of
covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for
such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered
Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply
for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and
Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,
the outcome of a covered Federal action.
2. Identify the Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change
to the information previously reported,enter the year and quarter in which the change occurred. Enter the
date of the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a
prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the
first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state
and zip code of the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organization level below agency name,if known. For example,Department of Transportation,United States
Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full
Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan
conumittments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g.,
Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract
grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include
prefixes,e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan conur fitment by the Federal agency,enter the
Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influenced the covered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a).
Enter Last Name,First Name and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the
lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned).
Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or
planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,
specify the nature and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to
perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in
actual contact with Federal officials. Identify the Federal officer(s)or enmployee(s)contacted or the officer(s)
employee(s)or Menmber(s) of Congress that were contacted.
15. Check whether ornot a continuation sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project
(0348-0046),Washington,D.C.20503 SF-LLL-hmstructions Rev.06-04-
90«ENDIF»
Page 38 of 52
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements For
Other Contractors, Subcontractors and Professional Services
As a pre-requisite of the work and services governed, or the goods supplied under this contract
(including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own
expense, insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged
by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work, resulting from the
failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend
deadlines specified in this contract and any penalties and failure to perform assessments shall be
imposed as if the work commenced on the specified date and time, except for the Contractor's failure
to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in the attached schedules. Failure to comply with this provision may result in
the immediate suspension of all work until the required insurance has been reinstated or replaced.
Delays in the completion of work resulting from the failure of the Contractor to maintain the required
insurance shall not extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended,except for the Contractor's failure
to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions that may be
contained in the Contractor's Insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
•Certificate of Insurance or
•A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract.
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.
Page 39 of 52
The Monroe County Board of County Commissioners, its employees and officials, at 1100
Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies,
except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled"Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management Department.
Page 40 of 52
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Workers Compensation Statutory Limits
Employers Liability $100,000/$500,000/$100,000
Bodily Injury by Accident/Bodily
Injury by Disease, policy limits/Bodily
Injury by Disease each employee
General Liability $200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
Vehicle $200,000 per Person
(Owned, non-owned, and hired vehicles) $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
Builders Risk Not Required
Construction Bond Not Required
The Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton
Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on
General Liability and Vehicle policies.
INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum
insurance requirements prescribed elsewhere in this agreement,Contractor shall defend,indemnify
and hold the County and the County's elected and appointed officers and employees harmless from
and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury (including
death),loss,damage,fine,penalty or business interruption, and(iii) any costs or expenses that may
be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors
or other invitees during the term of this Agreement, (B)the negligence or recklessness, intentional
wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its
employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any
of the obligations that it undertakes under the terms of this Agreement, except to the extent the
claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the County or any of its employees, agents,
contractors or invitees (other than Contractor). The monetary limitation of liability under this
Page 41 of 52
contract shall be equal to the dollar value of the contract and not less than$1 million per occurrence
pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the
insurance requirements included in Paragraph 3.Q. herein. Insofar as the claims, actions, causes
of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur
during the term of this Agreement, this section will survive the expiration of the term of this
Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from such
delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity
in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that
the Contractor shall hold the County harmless and shall indemnify it from all losses occurring
thereby and shall further defend any claim or action on the County's behalf.
United 'States Department of the Treasury Indemnification
To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the United
States Department of the Treasury and its officers and employees, from liabilities,damages, losses
and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this Agreement.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all of the requirements herein. I fully accept the indemnification and hold
harmless and duty to defend as set out in this proposal.
PROPOSER mature
Page 42 of 52
Munrue Cowry Facilities Maintenance
123 Overseas I Iwy
Rockland Key.FL 33040
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The
following deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
O 41-7 C
Liability policies are Occurrence Claims Made
4
�g��
Insurance Agency ajgaore
Page 43 of 52
MONROE COUNTY,FLORIDA
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements,be waived or modified on the following contract.
Contractor/Vendor:
Project or Service:
Contractor/Vendor
Address &Phone#:
General Scope of Work:
Reason for Waiver or
Modification:
Policies Waiver or
Modification will apply to:
Signature of Contractor/Vendor::
pp Not Approved
Approved
Date. _---- .�... .._
Risk Management Signature:
Date:
County Administrator appeal:
Approved: Not Approved:
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Date:
Page 44 of 52
ATTACHMENT A
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL
ASSISTANCE AGREEMENT
Page 46 of 52
ONAB Approved No. 1505-0271
Expiration Date: 11i30;2021
U.S DEP;ARTNIENTOh'I-HE'I'RL'ASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address: DUNS Number:073876757
Monroe Comity-Board of Commissioners Taxpayer Identification Number:596000749
1100 Simonton Street.Room 2-213 .Assistance Listing Number and Title:21.027
Key West,Florida 33040
Sections 602(b)and 603(b)of the Social Security Act(the Act)as added by section 9901 of the.American Rescue Plan Act,Pub.L
No. 117-2(March 11,2021)authorizes the Department of the Treasury(Treasury)to make payments to certaui recipients from the
Coronavirtls State Fiscal Recover%Fund and the Coronavinis Local Fiscal,Recovery Fund.
Recipients hereby agrees.as a condition to receiving such payment from Treasure_agrees to the terms attached hereto.
R"e pieirt:
Dlgalslly sign cl 1,'1na Boan
Tina o a n Date: 2022.08 02 09:11:02
-04'00
.authorized Representative Signature(above)
Authorized Representative Name: Tina Boan
Authorized Representative Title: Senior Director Budget&Finance
Date Signed:
U.S. Department of the Treasury:
u w,
.authorized Representative Signature(above)
Authorized Representative Name: Jacob Leibenluft
Authorized Representative Title: Chief Recovery Officer,Office of Recovery Programs
Date Signed: A1a) 14.2021
PAPERWORK REDUCTION -.(T NOTTCE
The information collected will be used for the US Gm ernment to process requests for support The esumated burden associated with this collection of
information is 15 minutes per response Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed
to the Office of Privacy.Transparency and Records.Department of the Treasure.1500 Pennsylvania f,ve.,N W.Washington,D C.201_20.DO NOT send the
form to this address An agcrxy may not conduct or sponsor.and a person is noL required to respond to.a collection or information unless it displays a valid
control number assigned by 01l113
Page 47 of 52
U.S.DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections
602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance,
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and
financial capability to ensure proper planning,management,and completion of such project.
1t "' garsec.The period of performance for this award begins on the date hereof and ends on December 31,2026.As
set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period
that begins on March 3,2021 and ends on December 31,2024.
3,Rcti rtuia Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award.
a, Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and
603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds.
b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives,
shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to
Treasury,whichever is later.
5 Llr _,iwani Costs,Pre-award costs,as defined in 2 C.F.R.§200.459,may not be paid with funding from this award.
6,_Adiri indtitwq_�_osLs.Recipient may use funds provided under this award to cover both direct and indirect costs.
7 t tilt;h rari&, Cost sharing or matching funds are not required to be provided by Recipient.
8 Cbnfl ict_c of I nterest._Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R.§
200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and
subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest
affecting the awarded funds in accordance with 2 C.F.R§200.112.
a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury
pursuant to sections 602(1)and 603(f,)of the,act,and guidance issued by Treasury regarding the foregoing Recipient also
agrees to comply with all anther applicable federal statutes,regulations,and executive orders and Recipient shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include,without limitation,the following:
i. Uniform Administrative Requirements,most principles,and Audit Requirements liar Federal Awards,2 C.F.R.Part
200,other than such provisions as Treasury may determine are inapplicable to dais Award and subject to such
exceptions as may be otherwise provided by Treasury.Subpart F—Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act,shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award tern
set forth in Appendix A to 2 C.FR Part 25 is hereby incorporated by reference,
iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term
set forth in Appendix A to 2 C.F.R Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Goveimmentwide Debarment and Suspension(Nonprocurement),2 C.F.R Part
180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and
subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's
implementing regulation at 31 C.F,R,Part 19.
Page 48 of 52
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.
c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following:
i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31
C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),which prohibits
discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability;
iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the
basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 et seq.),and Treasury's implementing
regulations at 31 C.F.R Part 23,which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance;and
v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C.§§12101 et seq.),which prohibits
discrimination on the basis of disability under programs,activities,and services provided or made available by state
and local governments or instrumentalities or agencies thereto,
10,Rem edial Au ems,In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws,
Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2
C.F.R§200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments
shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act,
11.Hatch Act.Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C.§§1501-1508 and
7324-7328),which limit certain political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by this federal assistance.
12 False Stalementa Recipient understands that making false statements or claims in connection with this award is a violation of
federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and
penalties,debarment from participating in federal,awards or contracts,and/or any other remedy available by law.
13, rlubhc:ati=Any publications produced with funds from this award must display the following language:"This project[is
being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of
Commissioners by the U.S.Department of the Treasury."
)t%Q Fed e: edcrat G ivcr inie:
a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain
under the terms of this award;(2)that are determined by the Treasury Office of Inspector General to have been misused;or
(3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the
Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has
not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements
have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a).
Treasury will take any actions available to it to collect such a debt.
Page 49 of 52
15.Disclaimer-
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of
Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from
the performance of this award or any other losses resulting in any way from the performance of this award or any contract,
or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States
and Recipient.
�r�.�tecLaJas LM-Mlh stle@ala7ti�rers.
a. In accordance with 41 U.S.C.§4712,Recipient may not discharge,demote,or otherwise discriminate against an employee
in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of
authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of
law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iE The GovernmentAccountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury;or
vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to
investigate,discover,or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant
native language of the workforce.
12 r aut Mt Use11 .,?-Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient
should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when
operating company-owned,rented or personally owned vehicles.
•„g` Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should
encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and
Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
Page 50 of 52
OMB Approved No. 1505-0271
Expiration Date:11/30/2021
ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of
Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance
may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land
or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the
intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated
programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits.
This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury,
including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs,
services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above.
I, Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which
prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and
activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42
U.S.C.§2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and
other pertinent executive orders such as Executive Order 13166;directives;circulars;policies;memoranda and/or guidance
documents.
2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English
Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national
origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs,
services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil
Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate
reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful
access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail
providing language assistance services,including oral interpretation and written translation where necessary,to ensure
effective communication in the Recipient's programs,services,and activities.
3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and
when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP
guidance at 70 FR 6067.For more information on LEP,please visit btW://www.LeD.gol.
4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of
federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the
period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors,
transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every
contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees,
contractors,subcontractors,successors,transferees,and assignees:
The sub-grantee,contractor,subcontractor,successor,transferee,and assignee shall comply with Title PI of the
Civil Rights Act of 1964,which prohibits recipients offederal 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 or�gin(42 U.S.C.§2000d et seq),as wplemented by 9w Depar•tme Pit of the Treastay;s Title H
r egululrons,31 CFR Part 22,which are herein incw porate d kyrefirence and made a paaa"of"this contract(or
agreement). Title PI also includes protection to persons with "Limited English Proficiency"in any program or
activity receivingfederal financial assistance,42 U.S.C.§2000d et seq.,as implemented by the Department of the
Treasury's Title PI regulations,31 CFR Part 22,and herein incorporated by reference and made a part of this
contract or agreement
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal
financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent
transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal
financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any
Page 51 of 52
personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or
possession of the property;
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the
aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of
any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests,
on-site compliance reviews,and reporting requirements.
S. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on
the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of
1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the
complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if
Recipient has received no complaints under Title VI..
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and
efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and
the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the
Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative
agency finding of discrimination,please so state.
10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that
sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make
sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub-recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances document
and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to
address violations of this document or applicable federal law.
Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as
herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and
hat the s ec t idnt is iIp,- otil 4 ance,with the aforementioned nondiscrimination requirements.
�eta_a nt ' Date
Il l u a uIInn i byu Tina Boan
_1 �rCar�rt ia��
Signature of Authorized Official:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U,S.Government to process requests for support.The estimated burden associated with this collection of
information is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed
to the Office of Privacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the
form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid
control number assigned by OMB.
Page 52 of 52
CERTIFICATE OF LIABILITY INSURANCE 702POuMMTM
U NCEW2023
t
TIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE C FICAIT HOLDER.TFgS
ATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENQ EXTEND OR ALTER THE COVERAGE A ED BY THE POLICIES
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING ROURETt(3t AUTHORIZED
NTATIVE OR PRODUCIER,AND THE CERTIFICATE HOLDER.
MWOMAN114 If the tmoIMSIMMT hI an A ONAi l the ) lwv*A D�roqulre an(NHIdoprovlslons or be N SUBROGATION IS WAIVED.subject to the bans and con"one of do ponc,cMaln polklss
this oMl�dos not c'onflN' t0 t1w holder In Ilsu of such a ant A stEtement on
s
NRODUCEt
NCT—Merle fGw=18z
Porter-Alen Company 1301*�2Be-2542
513 Soulhatd Street (305)290-T9
rb rWIon y.orrnm
Key Wad FL 3304o 013 AY N�AIC N
N(eIIREO
INSURER,: BvrTa�n Ineur g Company
INSWIM t
Mlke's Pointirlp 8 Repair,Inc. a Busimm FIM Ins Co
19 Beechwood Drive c'
mNe a t.
IN EB
Key VAIN FL 33040-6207
COVERAGES �.
T15 WUNWR C122102410203 nN'NUMBER,
is TO CERTIFY THAT THE POLICIES OF I E LISTED BELOVNFH V'E BEEN ISSUED TO THE INSURED NAMED ABOVE'FOR THE POLICY PERK INDICATED. NO VWTHSTANDINGANY REQUIREMENT,TERM OR CONdT1ON OF ANY CONTRACT OR OVER DOCUMENT VwM PELT TO VIIHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLURIONB AND CONDITIONS OF SUCH POLICIES.OMITS SMOVO4 MAY HAVE BEEN REDUCED BY PAID";CLAIMS.
TV (W'
COMMERCIAL
E 1,000.000
CLAIMS4IADE ®OCCUR 106,000
MED ane x 5.000
A Y N 3398193684 10=022 1025/2023
PM nwLAAIArmeY N 1.0001f
aEN1,AGWGATVUNITAPPLIESPEt OOENN At1CREGATE $ 2.000,000
POLICY ❑LOC S_ j, 2.000,Wo
(1THTm f
AUT101 M
9
AW AUTO
OM ED .'...SCHEDULED ' BODLV INJURY(Per PKw) 3
AUTOS ONLY AUTOS NyN1RY(Par rddwitl i
HIRED ONLY AUTOS ONLY
4 .2 4.2 3
AUTOS orar _
� _ s
D LAD OCCUR
EXCESS UAB t
'.CLA7WS•MIADE �
DED
RETENTION,S
AND a
AM B OFF I IF 1 4 uteFO r WTm JE ❑ N r a 0521 10417 02/00/2023 07I032024 ILL' G1 A MDENT 1.00(M.II00
Im elrreraN wrnGrr' EL.. S'IE.EA FNam T 1,000,ODO
dram E.L. -PMCYLin7 T 1.000,000
DESCMPTION OF OPERATIM I LOCATNM/YENKXES IACORD W.AddWMW Rrrb SehMAS,,,.y a altecUed',Ir rarer.vpmr a 1
PAINTING}AND DECORATING
CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED AS RESPECT TO THE GENERAL LIABILITY
C RTI ' ATE CANCELLATION
SHOULD ANY OF THE ABOVE DEECRIND POLICIES BE CANCELLED BEFORE
THE EXPIRATION OATS TH RL , BE DELIVERED IN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ACCORDANCE MITT THEPOLICY q t5
1100 SIMONTON STREET
AU7R"SNyXM
KEY WEST FL 33040
ID 1' S `I"ION. All rlgllb reserved.
ACORD 25(2016103) The ACORD nenw and logo are registered Rorke ofACORD
PORTER LEN CO
513 SOUTHTHARD ST
KEY WEST,FL 33040 C00WA IAZ
Named insured
Policy number: 03888147
Underwritten by:
Progressive Express Ins Company
MIKES PAINTING&REPAIR INC 77r--
December 5,2022
19 BEECHWOOD DR
KEY WEST,FL 33040Policy Period:Dec 16,2022-Dec 16,2023
� Page 1 of 3
. 0 .23 r attatent
agenLprogressive.com
Wlyb X Online Service
Make payments,check billing activity,print
Policy clocUments,update your policy or
'Commercial ercial Auto check the status of a daim.
1-305-294-2542
Insurance Coverage Summary PORTERMUNCO
Contact your agent for personalized service.
This is your revised Renewal 1.0111-44441"7
Declarations Page For customer service if your agent is
unavailable or to report a claim.
Your policy information has changed
This Renewal Declarations Page is effective only if the minimum amount due to new your policy is received or postmarked by
December 16,2022.
Your coverage begins on December 16,2022 at 12:01 a.m. This policy expires op December 16,2023 at 12:01 a.m.
This coverage summary replaces your prior one.Your insurance policy and any policy endorsements contain a full explanation of gout
coverage.The policy limits shown for an auto may not be combined with the limits for the same coverage on another auto„unless the
policy contract a[lows the stacking of hmits The policy contract is form 6912(02T19).The contract is modified by forms 2852FL,(02/19),
1652Ft(02J19), 1890(02119), 1198(Ml6),4852FL(02/191,4881FL(02/19)and Z228(01111).
The named insured organization type is a corporation.
Policy changes effective December 16, 2022
Pr.. ..,....
rum change.
The 2021 RAM'PR0I"ASTE"R 2 500 with'Loss Pa ee was'
d '
An Anti-Lock Brakes discount has been added to the 2021RAM PROMASTER
2500.
An Airbag discount has been added to the 2021 RAM PROMASTER 2500.
f
i
J
1
Fw,eaa9 a n tno)
Policy number; 03888147
MIKES PAINTING&REPAIR INC
Page 2 of 3
Outline of coverage
D¢wptiort Umits Deductible Premium
Liabl i To Others $2,714
lodily Injury and Property Damage Liability 000 combined single limit
Employer Noll Owned Auto Liability To Others 76
Bodily Irlpury and Properly Da ma ge Liability $300,000 combined.single limit
Uninsumd Motorist Nonstacked $100,000 combined single limit a2
Basic Personal Injury Protection 91
Without Work Comp-Named Insured Oniy $10,000 each person $0
Medi l Payments.. . _ . ... R
ejec
Comprehensive 307
See Auto Coverage..Schedule Limit of liability less ded `ble
Collision 324
See Auto Coverage Schedule Limit of liability less deductible
SubwUl policy premlium $4„074
. ......... ..... ...
Addt¢ionaG Insured e 20
ratall 12 1.1m oath Policy pi r eimilum ai irld f $4„094
Number of Employees: (0-10)
Rated drivers
.. ......... . . .... ......... ..
1. MICliAEL 0 MONSALVATGE
Auto coverage schedule
1, 1984 CHEVROLET P30
VIN:IGSHP32M6E3347827 Garaging Zip Code; 33040 Radius:50 miles
Personal use:N Body type:Passenger Van
uaWky um PIP
Liability Premium Premium Premium Auto Total
Premium ...,., .,. . . a . .,. . .. __ ... .. . ._ $
1. ,...
$1246 $312 $42 .600
2. 2021 RAM PROMASTER 2500 Stated Amount:"`$42,000(including Permanently Attached Equip)
VIN:3CGLRVDGSMES43937 Garaging Zip Code:33040 Radius:50 miles
Personal use; N Body type:Delivery/Step Van
uability Um PIP
Liability P ium Premium Premium
Premium 14 $250 $49
Camp Camp rlallwary Collision
Physical Damage Dwucrible Premium ) u:� Gle Premium Auto royal
Premium .............. .. ........
$1,000 $307 $1,000 $324 $2a,398
*A vehicle's stated amount should indicate its current retail value,including any special or permanently attached equipment. In the
event of a total loss,the maximum amount payable is the lesser of the Stated Amount or Actual Cash Value,less deductible. Be sure
to check stated amount at every renewal in order to receive the best value from your Progressive Commercial Auto policy.
Premium discounts
Policy
03 88147 Paid In Full,CDL Experience and Multi-Product _....,.,., . ,.
Vehide
2021 RAM PRO MASTER 2500 Anti-Lock Brakes and r Airbag
Conti
carm 6489 FL 01IZOI
Loss Payee information
1, Loss. Payee Auto 2 CAPITAL ONE AUTO FINANCE
PO BOX 390907
MINNEAPOLIS,MN 55439
2021 RAM PROMASTER 2500(3C6LRVD65ME543937)
Additional insured information
I Addifional Insured MONROE COUNTY BOCC
1200 SIMONTON 5
KEY WEST,FL 33040
Agent signature
JA
Company officers
Secretary
RNM 9 q 11112M
Alvin E and the Painters i 8 ate
401�AVENUE B
KEY WEST,FL 33040 �r
305-896-0935
Alvinthepainter@bellsouth.net
e
Willie DeSantis, Director
Facilities Maintenance
. ..'...W --ri .... —,—i�_._ .w
Proposal for Sheriff's sub station
Paint complete exterior of Sheriff's Sub Station Cudjoe Key
Total Job cost $20,500.00
PROPOSAL
W Oi. a ' u'' illlm'uN.
Paint &Wallpaper
Key West, FL 33040
Phone: 305-797-3852
TO: FOR: SHERIFF'S SUB STATION
William Desantis
Director of Facilities Maintenance
Desantis-william@monroecountyfl-gov
AMOUNT
Building will be prepared for painting and painted with
Sherwin Williams Super Paint, no color change.
Total job cost $20,000.00
$20,000.00
rusiness ivame:
Owner Name: MICHAEL MONSALVATGE Business Location MO CTY
KEY WEST, FL 33040
Mailing Address:
19 BEECHWOOD DR Business Phone: 305-745-4513
KEY WEST, FL 33040 Business Type: CONTRACTOR(PAINTING AND REPAIRS)
Employees 1
COMP CARD: SP 3929
Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
20.00 0.00 20.00 O.00..... .........
0.00 0.00 20.00
Paid 000-21 -00045581 09/10/2022 20.00
THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY
PLANNING, ZONING AND
LICENSING
REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEPTEMBER 30, 2023
Business Name: MIKE'S PAINTING &REPAIR INC RECEIPT# 30140-101202
MO CTY
Business Location: KEY WEST, FL 33040
Owner Name: MICHAEL MONSALVATGE
Mailing Address: Business Phone: 305-745-4513
19 BEECHWOOD DR Business Type: CONTRACTOR(PAINTING AND REPAIRS)
KEY WEST, FL 33040
Employees 1
COMP CARD: SP 3929
Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
0._...20.00 0.00 20.00 0.00 0.00 0.00 20.00
Paid 000-21 -00045581 09/10/2022 20.00