Item C17 C.17
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: C.17
Agenda Item Summary #12075
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427
N/A
AGENDA ITEM WORDING: Approval of an Agreement with lowest responsible, responsive
bidder to the Request for Proposals for the Marathon Professional Center Building Roof
Replacement project. This project is funded by the American Rescue Plan Act(ARPA) grant.
ITEM BACKGROUND: Monroe County was awarded grant funds as part of the American Rescue
Plan Act to be used for deferred maintenance and other needed projects. The roof of the Marathon
Professional Center building in Marathon has reached the end of its useable lifespan requiring
replacement.
A Request for Proposals (RFP) for the Marathon Professional Center Building Roof Replacement
was issued in March 2023. The bid opening date is May 11, 2023.
The start of hurricane season is quickly approaching therefore, the sooner this roof replacement can
begin the better. Staff is requesting approval of this placeholder item which will be updated for
Revised Agenda Deadline as opposed to waiting to award the Agreement at the June BOCC meeting
which would place the construction occurring well into hurricane season.
Staff is asking for Approval of an Agreement with the lowest responsible, responsive bidder once
bids are received and reviewed. Agenda item will be updated for Revised Agenda Deadline with bid
tab and legal approved Agreement once bids are received and the lowest responsible, responsive
bidder is determined.
PREVIOUS RELEVANT BOCC ACTION:
6/16/21 —BOCC approved acceptance of ARPA grant funds
CONTRACT/AGREEMENT CHANGES:
N/A
Packet Pg. 736
C.17
STAFF RECOMMENDATION: Approval of an Agreement.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: 5/17/23
Expiration Date: 45 days after Notice to Proceed issued
Total Dollar Value of Contract: TBD
Total Cost to County: $0.00
Current Year Portion: TBD
Budgeted: Yes
Source of Funds: 125-06067 (ARPA Grant)
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: n/a If yes, amount:
Grant: Yes - ARPA
County Match: No
Insurance Required: Yes —provided upon contract approval
Additional Details:
ARPA
REVIEWED BY:
Joseph DiNovo Completed 04/28/2023 10:13 AM
Cary Knight Completed 05/02/2023 4:17 PM
Kevin Wilson Completed 05/02/2023 4:31 PM
Purchasing Completed 05/02/2023 4:35 PM
Budget and Finance Completed 05/02/2023 5:00 PM
Brian Bradley Completed 05/02/2023 5:05 PM
Lindsey Ballard Completed 05/02/2023 5:06 PM
Board of County Commissioners Pending 05/17/2023 9:00 AM
Packet Pg. 737
County of Monroe °
BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y �� Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: C.17
Agenda Item Summary #12075
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427
N/A
AGENDA ITEM WORDING: Approval of an Agreement with Dan Enterprises Team, LLC who
was the lowest responsible, responsive bidder to the Request for Proposals for the Marathon
Professional Center Building Roof Replacement project. This project is funded by the American
Rescue Plan Act(ARPA) grant.
ITEM BACKGROUND: Monroe County was awarded grant funds as part of the American Rescue
Plan Act to be used for deferred maintenance and other needed projects. The roof of the Marathon
Professional Center building in Marathon has reached the end of its useable lifespan requiring
replacement.
A Request for Proposals (RFP) for the Marathon Professional Center Building Roof Replacement
was issued in March 2023. The bid opening date was i-s May 11, 2023 and two (2) bids were
received. Dan Enterprises Team, LLC was the lowest responsible, responsive bidder.
The stat4 of hti�ea*e season is "iekly appr-eaehing t4er-efqr-e, the sooner- this roof r-eplaeefnent ean
begin t4e bet4er-. Staff i� appr-eval of t4is plaeehelder- item whieh will
whieh wetild pl ee the ^ „st etio, 41 into htifFie e
Staff is asking for Approval of an Agreement with toe lowest responsible, r-espensive bidder- eflee
bids are r-eeeived a*d r-eviewed. Agenda item wili be updated f9r- Revised Agenda Deadline W44 bid
tab a*d legal appr-eved Agr-eefnent enee bids are r-eeeived a*d t4e lowest responsible, r-espens
bidder-is a f,,,-w4 a Dan Enterprises Team, LLC.
PREVIOUS RELEVANT BOCC ACTION:
6/16/21 —BOCC approved acceptance of ARPA grant funds
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of an Agreement.
DOCUMENTATION:
Agreement Dan Enterprises—legal stamped
Bid Tabulation Sheet_5.11.23
County Forms—Dan Enterprises
FINANCIAL IMPACT:
Effective Date: 5/17/23
Expiration Date: 45 days after Notice to Proceed issued
Total Dollar Value of Contract: T-BB$188,807.71
Total Cost to County: $0.00
Current Year Portion: T-BD $188,807.71
Budgeted: Yes
Source of Funds: 125-06067 (ARPA Grant)
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: n/a If yes, amount:
Grant: Yes - ARPA
County Match: No
Insurance Required: Yes —provided upon contract approval
Additional Details:
ARPA
REVIEWED BY:
Joseph DiNovo Completed 04/28/2023 10:13 AM
Cary Knight Completed 05/02/2023 4:17 PM
Kevin Wilson Completed 05/02/2023 4:31 PM
Purchasing Completed 05/02/2023 4:35 PM
Budget and Finance Completed 05/02/2023 5:00 PM
Brian Bradley Completed 05/02/2023 5:05 PM
Lindsey Ballard Completed 05/02/2023 5:06 PM
Board of County Commissioners Pending 05/17/2023 9:00 AM
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 17t" day of May 2023
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Dan Enterprises Team, LLC
18501 Pines Boulevard, Suite 357
Pembroke Pines, Florida 33029
For the following Project: MARATHON PROFESSIONAL CENTER BUILDING
ROOF REPLACEMENT
Scope of the Work
The Scope of Work includes the replacement of the entire roof at the Marathon Professional
Center Building located at 2945-2975 Overseas Hwy., Marathon, FL 33050. The Contractor shall
review and follow the attached Construction Drawings and Specifications provided by Perez
Engineering & Development, Inc.
The Scope of Work includes the demolition and removal of existing roof. Existing roof consists of
varying types of construction. Contractor is to remove existing modified bitumen roofing assembly
and specified rooftop equipment and replace with single ply roofing. Contractor is to remove
existing tile roofing on awnings and replace with standing seam metal panel roofing. Contractor
is to remove existing downspouts and gutters and replace with new.
The Scope of Work shall include, but not be limited to, all work shown and listed in the Drawings
and Specifications. The Contractor is required to provide a complete job as contemplated by the
attached drawings, and specifications, which are a part of this bid package. The Contractor shall
furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other
means of construction necessary or proper for performing and completing the repairs listed. The
Contractor shall properly dispose of debris.
Page 1 of 38
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than
Forty-Five (45) calendar days after the date of commencement or issuance of a Notice to
Proceed. The time or times stipulated in the contract for completion of the work of the
contract or of specified phases of the contract shall be the calendar date or dates listed in
the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
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 Party's control, without such Party's fault or
Page 2 of 38
negligence and that by its nature could not have been foreseen by such Party or, if it could
have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake,
explosion, tropical storm, hurricane or other declared emergency in the geographic area
of the Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats
or acts, riot, or other civil unrest in the geographic area of the Project; (d) government
order or law in the geographic area of the Project; (e) actions, embargoes, or blockades
in effect on or after the date of this Agreement; (f) action by any governmental authority
prohibiting work in the geographic area of the Project; (each, a "Uncontrollable
Circumstance"). Contractor's financial inability to perform, changes in cost or availability
of materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by Contractor under this Section. Contractor shall
give County written notice within seven (7) days of any event or circumstance that is
reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration
of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The
County will not pay additional cost as a result of an Uncontrollable Circumstance. The
Contractor may only seek additional time at no cost to the County as the Owner's
Representative may determine. The Contractor may only seek a no cost Change Order
for such reasonable time as the Owner's Representative may determine.
ARTICLE 4
Contract Sum
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of One Hundred Eighty-Eight Thousand Eight-Hundred
Seven and 71/100 Dollars ($188,807.71), subject to additions and deductions as
provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
Alternate #1: Unit price for each square foot for removal and replacement of damaged or
deteriorated plywood soffit in kind (including painting):
Forty-Five and 00/100 Dollars ($45.00) per each square foot
Alternate #2: Unit price for each square foot for removal and reconstruction of damaged
portions of awnings/parapets in kind:
Forty-Five and 00/100 Dollars ($45.00) per each square foot
Alternate #3: Unit price for each cubic foot for repairing limited spalling concrete:
Two-Thousand Five Hundred and 00/100 Dollars ($2,500.00) per each cubic foot
Alternate#4: Lump Sum price for removal of existing roof drain (piping below may remain)
and provide minimum '/4:12 finished roof slope to gutters:
Eight-Hundred Thirty and 00/100 Dollars ($830.00) lump sum
Page 3 of 38
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the Contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month.
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor,
in accordance with the Florida Local Government Prompt Payment Act (Section 218.735,
Florida Statutes) and Monroe County Code. The Contractor is to submit to the Owner
invoices with supporting documentation that are acceptable to the Monroe County Office
of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon
generally accepted accounting principles and such laws, rules and regulations as may
govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and
use taxes. A copy of the tax exemption certificate will be provided by the Owner upon
request.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of five percent(5%). Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management.When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
Page 4 of 38
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of five percent (5%)will be withheld in accordance with Section 218.735 (8)(a),
Florida Statutes.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and
the work has been accepted by the Owner except for the Contractor's responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy
other requirements, if any, which necessarily survive final payment, and (2) a final approval for
payment has been issued by the Director of Project Management. Such final payment shall be
made by the Owner not more than twenty (20) days after the issuance of the final approval for
payment. The following documents (samples in Section 01027 (Application for Payment) are
required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
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release (includes final release from all utilities and utility companies).
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the City of Marathon Building Department.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid, proposal, or reply on a contract to
supply 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 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.
7.6 The following items are included in this contract:
a) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for 1)
a period of five (5) years after all funds have been expended or returned to the
Department of the Treasury, whichever is later or 2) a period of seven (7) years from
the termination of this Agreement or five (5) years from the submission of the final
expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. Each
party to this Agreement or their authorized representatives shall have reasonable and
timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for seven (7) years following the
termination of this Agreement. If an auditor employed by the County or County Clerk
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determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies together with interest calculated
pursuant to Section 55.03, Florida Statutes, running from the date the monies were
paid by the Owner.
Further, the Contractor is subject to the following:
1) The Contractor shall maintain records and financial documents sufficient to
evidence compliance with Section 602(c), Treasury's regulations implementing that
section, and guidance issued by the Department of the Treasury regarding the
foregoing.
2) The Department of the Treasury Office of Inspector General and the Government
Accountability Office, or their authorized representatives, shall have the right of access
to records (electronic and otherwise) of the Contractor in order to conduct audits or
other investigations.
Right to Audit.
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this Agreement, and all other agreements, sources of information and
matters that may in Owner's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations under or covered by
any contract document (all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by Owner's representative
and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records
shall be kept for ten (10)years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and
activities relating to this Project. If an auditor employed by the County or County Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies together with interest calculated
pursuant to Section 55.03, Florida Statutes, running from the date the monies were
paid to Contractor. The Right to Audit provisions survive the termination or expiration
of this Agreement.
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b) Governing Law, Venue, and Interpretation. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this
Agreement, the County and Contractor agree that venue shall lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida. The
Parties waive their rights to trial by jury. The County and Contractor agree that, in the
event of conflicting interpretations of the terms or a term of this Agreement by or
between any of them, the issue shall be submitted to mediation prior to the institution
of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that, in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
non-prevailing party and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement. Any conditions imposed as a result of the funding that
affect the Project will be provided to each party.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
Page 8 of 38
This Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or
cancellation.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination/Equal Employment Opportunity. The parties 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. The parties agree 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 prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990(42 USC § 12101 Note), as may be amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) Any other nondiscrimination provisions in
any federal or state statutes which may apply to the parties to, or the subject matter
of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees
as follows:
Page 9 of 38
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
4. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided, advising the said labor union or workers' representative of
the contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
5. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations and relevant orders of the
Secretary of Labor.
6. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
Page 10 of 38
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 the said rules, regulations, or orders, this contract
may be canceled, terminated or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise
provided by law.
8. The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs(1)through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for non-compliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the United States to enter into
such litigation to protect the interests of the United States.
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.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
Page 11 of 38
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Employment or Retention of Former County Officers or Employees. Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of Monroe
County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
o) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Section 119.0701, Florida Statutes 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
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within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records 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 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# 305-292-3470
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
Page 13 of 38
p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
q) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County, shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
r) Legal Obligations and Responsibilities: This Agreement is not intended to, nor shall it
be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance
thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility.
s) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute and case law.
t) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
u) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include, but not be limited to, a Public Entity Crime Statement,
an Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace
Statement.
v) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
Page 14 of 38
w) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
x) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be equal to the dollar value of the contract and not less than $1 million per
occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be
as set forth in the insurance requirements included in this Agreement. Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to
events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
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 (County)Agency's
sovereign immunity.
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
Page 15 of 38
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.
y) Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
z) Disadvantaged 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.
2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract
goods or services then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR
shall take the following affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used whenever
possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
Page 16 of 38
aa)Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with its subcontractors shall include the COUNTY as additional insured.
bb) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall
be construed so as to find Contractor or any of its employees, subcontractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe
County.
cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095,
Florida Statutes, 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 Section 448.095, Florida Statutes.
dd) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners and signed by both parties before it
becomes effective.
ee) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein until
changed in writing in the manner provided in this paragraph. Notice is deemed received
by Contractor when hand delivered by national courier with proof of delivery or by U.S.
Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery.
Notice shall be sent to the following persons:
Page 17 of 38
For Contractor: Dan Enterprises Team, LLC
Teddy Castellanos, Supply Chain & Operation Manager
19081 Northwest 781h Avenue
Hialeah, Florida 33015
For Owner: Director of Project Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
County Attorney
1111 121h Street, Suite 408
Key West, Florida 33040
7.8 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:
7.8.1 Contract Work Hours and Safety Standards Act (40 U.S.C. W701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,
each CONTRACTOR must compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for
any part of the contract work, which may require or involve the
employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in Paragraph (b)(1)of this section,
Page 18 of 38
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.
(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)
7.8.2 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 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.
7.8.3 Clean Air Act (42 U.S.C. W401-7671 q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387, as amended). Contractor agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-
7671 q), as amended and the Federal Water Pollution Control Act as amended (33 U.S.C.
Page 19 of 38
§§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate
Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42
U.S.C. 7401-7671 q.) 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. The
contractor agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FEMA/Federal agency.
The Contractor agrees to report each violation to the COUNTY, understands, and agrees
that the COUNTY will, in turn, report each violation as required to assure notification to
Department of the Treasury/Federal Agency and the appropriate EPA Regional Office.
7.8.4 Debarment and Suspension (Executive Orders 12549 and 12689)—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 at w. w w:..s 2.��y.
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 180 and the Department
of the Treasury's implementing regulation at 31 C.F.R. Part 19.
7.8.5 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency. If the award exceeds $100,000, the certification,
Page 20 of 38
attached hereto and made a part hereof, must be signed and submitted by the Contractor
to the County.
7.8.6 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,
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U ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,U,,,,,,,,,,,,,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, U ,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,, U,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,q,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll,,,,,,q, ............
The Contractor also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
7.8.7 Prohibition on certain telecommunications and video surveillance services or equipment
as set forth in 2 CFR � 200.216. Recipients and subrecipients and their contractors and
subcontractors may not obligate or expend any federal funds to (1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or
extend or renew a contract) to procure or obtain equipment, services, or systems that
uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described
in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei 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.
Page 21 of 38
(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.
7.8.8 Domestic Preference for Procurements as set forth in 2 CFR �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). The requirements of this section must be included in all
subawards including contracts and purchase orders for work or products under federal
award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
(2) "Manufactured products" means items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based products
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber;
and lumber.
7.8.9 Copeland "Anti-Kickback" Act (2 C.F.R. 200, Appendix II (D): 40 U.S.C. �3145). 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. §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.
Other Federal and Department of the Treasury Requirements (as applicable)
7.8.10 Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply
with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the Contractor pursuant thereto.
7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees,
and subcontractors acknowledge and agree to comply with applicable provisions
governing the access to records, accounts, documents, information, facilities and staff by
the United States Department of the Treasury. Contractors/Consultants must: (1)
Cooperate with any compliance review or complaint investigation conducted by the
Department of the Treasury; (2) Give the Department of the Treasury access to and the
right to examine and copy records, accounts, and other documents and sources of
information related to the grant and permit access to facilities, personnel, and other
individuals and information as may be necessary, as required by the Department of the
Treasury regulations and other applicable laws or program guidance; and (3) Submit
Page 22 of 38
timely, complete, and accurate reports to the appropriate Department of the Treasury
officials and maintain appropriate backup documentation to support the reports.
7.8.12 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.
7.8.13 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that Department of the Treasury financial assistance will be used to
fund the contract only. The Contractor agrees to comply with the requirements of Section
602 and Section 603 of the Social Security Act, regulations adopted by the Department of
the Treasury pursuant to Section 602(f) and Section 603(f)of the Act, and guidance issued
by the Department of the Treasury regarding the foregoing. The Contractor also agrees to
comply with all other applicable federal statutes, regulations, and executive orders, and
the Contractor shall provide for such compliance by other parties in any agreements it
enters into with other parties relating to this award.
Federal regulations applicable to this Department of Treasury award include, without
limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such
provisions as Treasury may determine are inapplicable to this award an
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F — Audit Requirements of the Uniform Guidance, implementing
the Single Audit Act, shall apply to this award.
ii. Universal Identifier and 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 170,1 pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 10 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Non procurement), 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.
Page 23 of 38
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.
7.8.14 No Obligation by Federal Government. The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the County/non-Federal entity,
contractor or any other party pertaining to any matter resulting from the contract.
7.8.15 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.
7.8.16 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.
7.8.17 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 Attachment "A" and made
a part of this Agreement.
7.8.18 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.
7.8.19 Energy 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.
7.8.20 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.
7.8.21 Remedial Actions. In the event of the Contractor's noncompliance with Section 602 of the
Act, other applicable laws, Treasury's implementing regulations, guidance, or any
reporting or other program requirements, Treasury may impose additional conditions on
the receipt of a subsequent tranche of future award funds, if any, or take other available
remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of Section 602(c) of
the Act regarding the use of funds, previous payments shall be subject to recoupment as
Page 24 of 38
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.
7.8.22 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.
7.8.23 Publications. Any publications produced with funds from the federal award as set forth in
Attachment A must display the following language: "This project[is being] [was] supported,
in whole or in part, by federal award number [enter project FAIN] awarded to [name of
Recipient] by the U.S. Department of the Treasury."
7.8.24 Debts Owed to the Federal Government.
a) Any funds paid to Contractor (1) in excess of the amount to which the Contractor is
finally determined to be authorized to retain under the terms of the federal award as set
forth in Attachment A; (2) that are determined by the Department of the Treasury Office of
Inspector General to have been misused; or (3) that are determined by the Department of
the 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 the
Contractor. A debt is delinquent if it has not been paid by the date specified in the
Department of the 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. The Department of the Treasury will take any actions available to it to collect
such a debt.
7.8.25 Disclaimer.
a) The United States expressly disclaims any and all responsibility or liability to the
Contractor or third persons for the actions of the Contractor or third persons resulting in
death, bodily injury, property damages, 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 this 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.
Page 25 of 38
7.8.26 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:
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.
7.8.27 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), the Contractor should adopt and enforce on-the-job seat belt
policies and programs for its employees when operating company-owned, rented or
personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-
job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles.
7.8.28 Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and
subcontractors to adopt and enforce policies that ban text messaging while driving, and
the Contractor should establish workplace safety policies to decrease accidents caused
by distracted drivers.
7.8.29 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:
Page 26 of 38
(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
(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
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ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 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) calendar days'written
notification to the Contractor.
8.3 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.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this
Agreement for cause with Contractor should Contractor fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination, the County shall provide Contractor with seventy-two (72)
hours' written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the County terminates this Agreement with the Contractor, County shall pay Contractor
the sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however, the
County reserves the right to assert and seek an offset for damages caused by the breach.
The maximum amount due to Contractor shall not in any event exceed the spending cap
in this Agreement. In addition, the County reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the County's False Claims Ordinance, located
at Section 2-721 et al. of the Monroe County Code.
Page 27 of 38
8.5 Termination for Convenience: The County may terminate this Agreement for convenience,
at any time, upon thirty (30) days' written notice to Contractor. If the County terminates
this Agreement with the Contractor, County shall pay Contractor the sum due the
Contractor under this Agreement prior to termination, unless the cost of completion to the
County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement.
8.6 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.
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/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.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Construction Drawings titled "Roofing Replacement —2945-2975 Overseas Highway,
Marathon, FL 33050" provided by Perez Engineering & Development, Inc. dated
12/23/2022, 6 pages total.
b) Specifications provided by Perez Engineering & Development, Inc., 32 pages total.
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Request for Proposals.
Page 28 of 38
9.1.4 The Addenda, if any, are as follows:
Number Date # of Pages
1 3/29/2023 1
2 4/21/2023 2
3 4/25/2023 1
4 4/28/2023 2
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 29 of 38
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
Date
uONROE GcruNTY ATTORNEYS QFFHCE
APPRCNEDAS TO FORM
.__J,�"STANT COUNTY ATTORNEY
MATE: 5-1 Fi-gnq*i
CONTRACTOR'S Witnesses Attest: CONTRACTOR:
Contractor must provide two witnesses
signatures Signature:
Signature: Print Name:
Print Name: Title:
Date: Date:
and
Signature:
Print Name:
Date:
STATE OF COUNTY OF
On this day of 120 before me, the undersigned notary public,
by means of ❑ physical presence or ❑ online, personally appeared
(name of affiant) known to me to be the person
whose name is subscribed above or who produced as identification, and
acknowledged that he/she is the person who executed the above contract with Monroe County
for MARATHON PROFESSIONAL CENTER BUILDING ROOF REPLACEMENT for the
purposes therein contained.
Notary Public
Print Name
My commission expires: (Seal)
Page 30 of 38
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information— (RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
Page 31 of 38
ATTACHMENTA
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL
ASSISTANCE AGREEMENT
Page 32 of 38
ON]B Appro,v ed No. 1505-0271
Expif ation Date: 11,30,202 1
C(-')R(-')NAVIRUS STATF AND L0C,'AI,.FISCAL RECOVERY Fl.'\DS
Recipient narne and address: DL,\S Number 07387(5757
Monroe County Board of Commissioners Taxpayer identification Nuniben, 596000749
1100 Sillronton Street. Room 2�213 Assimance Listing Number and itle:21,027
key'West,florida 33040
Sections 602(b)and 003(b)ofthe Social Security Act(the Act)as added by section 9901 of the American Rescue Plan Act,PUb. 1_-
1 17-2(March 11,2021),authorizcs the Departuwnt ofthc Treasury iTicasury)to make payments to certain recipicnts fi-orn the
Coronavuris Mate FiscA Recovery Fund and the Coroinavirus Local 1"iscal Recovery Fund.
Recipients hereby agrees,as a condition to receiving such payment fi-orn Freasurv,agrees to the terms,attached hereto
Recipient:
Ii,it,fly signed by Tina Boan
Tina Boan Date: 2022.08.02 09:11:02
-04'00'
Authorized Representative S gflai[LIVC(above)
Authorized Representative Naine firm 13oan
Authorized Represcirtativc Title: Senior Director Budget&Finaoce
Date Stguie&
(.',S. Department ofthelreasm-y:
Authorized Represmrtal ive Signature(above)
Authonzed Representative'Narne Jacob Leibeffluft
Authorized Representative Title: Chief Recovery,0411cer, Office of Recovery ProL,,rams
Date Signed: May 14.,2021
P!`,PERWORK REDUCT10\1 ACT NOTICE
The intbrivustion coVlectfed,A,ill be cased for the U.S (3m ern meat to piocess i"luests foi suppoKC17lw estimatec1 buiden mmiated this c0lection of
nforimition is 15 minutes pet iespmse.Cominents ovncerinng the RUCUracy ofthis burden estinimte and m,5ggemiom for I-OdL)6ng this hUrden ShUild fV dirooted
to the Office of Pnvacy,Tiiimriirenoy and Recin-&-Depmrment of the Treswry-15010 PerinsykanigAve,If W,Ma4hmpton,D C.20220 DO NOT swd the
ttmn to UIRS'adikess.""11 appicy renal:✓not con' fuct 01 SPORS01,cod a IvA'Solit is n,A Teqmi-ed v)ruspondto,n uifless it(,hspk/s�h valid
control iiiiiiinber assigricti by O 413,
Page 33 of 38
U.S.DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1.Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections
602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and
financial capability to ensure proper planning,management,and completion of such project.
2.Period of Performance.The period of performance for this award begins on the date hereof and ends on December 31,2026.As
set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period
that begins on March 3,2021 and ends on December 31,2024.
3.Reporting_Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award.
4.Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and
603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds.
b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives,
shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to
Treasury,whichever is later.
5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R. §200.458,may not be paid with funding from this award.
6.Administrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs.
7.Cost Sharing.Cost sharing or matching funds are not required to be provided by Recipient.
8 Conflicts of Interest Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. §
200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and
subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest
affecting the awarded funds in accordance with 2 C.F.R. §200.112.
9.Compliance with Al2plicable Law and Regulations.
a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury
pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also
agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include,without limitation,the following:
i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part
200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act,shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term
set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term
set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part
I80,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 34 of 38
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.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws,
Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2
C.F.R. §200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments
shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act.
11_Hatch Act_Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C. §§1501-1508 and
7324-7328),which limit certain political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by this federal assistance.
12.False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of
federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and
penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law.
13.Publications.Any publications produced with funds from this award must display the following language:"This project[is
being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of
Commissioners by the U.S.Department of the Treasury."
14.Debts Owed the Federal Government.
a. Any funds paid to Recipient(1)in excess of the amountto 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 35 of 38
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.
16.Protections for Whistleblowers.
a. In accordance with 41 U.S.C. §4712,Recipient may not discharge,demote,or otherwise discriminate against an employee
in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of
authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of
law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General,
iii. The Gov ernmentAccountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency,
vi. A court or grand jury;or
vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to
investigate,discover,or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant
native language of the workforce.
17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient
should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when
operating company-owned,rented or personally owned vehicles.
18.Reducing Text Messaging While Driving.Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should
encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and
Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
Page 36 of 38
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 fiords made available through the Department.of the Treasury,
including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs,
services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which
prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and
activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42
U.S.C. §2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and
other pertinent executive orders such as Executive Order 13166,directives,circulars,policies,memoranda and/or guidance
documents.
2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English
Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national
origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs,
services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil
Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate
reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful
access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail
providing language assistance services,including oral interpretation and written translation where necessary,to ensure
effective communication in the Recipient's programs,services,and activities.
3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and
when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP
guidance at 70 FR 6067.For more information on LEP,please visit http://www.len.2ov.
4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of
federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the
period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors,
transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every
contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees,
contractors,subcontractors,successors,transferees,and assignees:
The sub-grantee, contractor,subcontractor,successor, transferee,and assignee shall comply with Title VI of the
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 origin(42 U.S.C.§2000d et seq.), as implemented by the Department of the Treasury's Title 11
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 11 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 37 of 38
personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or
possession of the property;
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the
aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of
any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests,
on-site compliance reviews,and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on
the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of
1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the
complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if
Recipient has received no complaints under Title 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
that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
Recipient Date
Tina Boan o0'ee',1o',,10,dbvT,os4o 041001
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 38 of 38
SECTION 00�12,0
NOWCOLLUSION AFFIDAVIT
Teddy Castelia M
nos of the city onrce Counly, Florida
according to law on my oath, and under penalty of perjury, depose and say that:
1 1 am 'Teddy Casteflanos
of the firm of Dan Entf.�rprises""F'cam, LLC
the proposer makingi the Proposal for the project described in the notice for calling for
proposals for:
MARKI-HON PRO FESSONAL CENTER BUK.D1NG ROOF IREPt ACEMENT
and that 1: executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion,
consulta,tion, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other proposer or with any competitor; and
I Unless otherwise required by law, the prices which have been quoted! in this proposal
have not been knowingly disclosed by the proposer and wifl not knowingly be disclosed
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4. No attempt has, been made or swill be made by the proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full
knowledge t.
OPP 05111/2023
(Signature of (Date)
STATE OF:
COUNTY OF�
Subscribed and sworn to (or affirmed) before me, by means of i�physical presence or 0 online
notarization, on 1� (date)
by -�'Qa (name of affiant). He/ is personally
� '4
known to me or has produced (type"6 identifi cation) as
He/,pe_o i�e
identification. z
NAHIR F VA AS
State of Florida-Notary Pub fic NOTARY PUELL/Id'
Commission ti 316533
Won Expires 09/2612026 My cornmission expires: M6�WA'
PROPOSAL IFORM OO 120' Page 30 of 242
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 0110-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
60 Dan EnterprisesTearn., LLC
(Company)
warrants that heft has not employed, retained or otherwise had act on his/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 vioiation, of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(Signature)
Date- 05/11/2023
STATE OF.
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of physical presence or 13 online
notarization, on "d� (d,ate)
by (name of affiant). He/She is personalty
known to me or has produced (type tification)as
identification.
State NAHIR F VARGAS,
state!of Florida-Notary Pubfic NOTARY PUBLIC
Commission#HH 316533
ission E*Ims 09012026
m my commission expires: 3))�
PROPOSAL FORM 010120- Page 31 of 242
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Fiorida Statute Section 287.087 hereby certifies that:
Bain Enterprises Tearn, L.L.
(Name of Business)
1. Publishes a statement niotifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2, Informs employees about the dangers of drug abuse in the workplace, the business's poficy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and: employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3, Gives each employee engaged in providing the commodities or contractual services that are
under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working
on the commodities or contractual services that are under proposal, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance
law of the United States or any state, for a vWation occurring in the workplace no later than five
(5)days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in, a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Pro f6nature
05/1112023
Date
STATE OF:
COUNTY OF:
Subscribed and sworn to or a meatus of I. El irmed)before me, by mea "
0�j physical presence or online
notarization, on It'Is (date)by 411 (name of afflant).
He/She is personally kn wn to me or has produced f ro.*9 . ype of identification)
as identification,
NAHIR F VAR GAS
State of Fliodd'a-Notary Public NOTARY PU C
4V
(SEAL Commission 9 HH 316533 My commission expires: 1�17'tl
My C0WMI8SWMEXPkL%M19r,*n?G I I I �
PR OI 'ME] 06120- Page 32 of 242
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may newt be awarded or perform, work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
I have read the above and state that neither Teddy Cast�ailanos
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months.,
'V
(Signature�4
Date; 0 511112023
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of l physical presence or 0 online
notarization, on (date)
by il Lo4- (name of affiant). He/She is personally
known to me or has produced (type of iden 'i ation) as
identification. ;7
NAHIR F VARGAS NOTARY PUBLIC..
State of Florida-Notary Public
Commission#HiH 316533
My U*Expires 0912M026 My commission expires:_[&
PROPOSAL FORM 00120- Page 33 of 242
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(sy MARATHON PROFESSIONAL CENTER BULDING ROOF REP[.,ACEMENT
Respondent Vendor Name: I Enterprises 'Team, Ll C
Vendor FEIN: 4.7.1"733830
Vendor's Authorized Representative Name and Title: "reddy Castellanos, Supply Chain & Of,eratiora Manager
Address: 18501 Ph yes Blvd, S0e 357
City*,— Pembroke Pines State: Florida zip: 33029
Phone Number 786-450-1555 Email Address: t(.,@danaantem-l)dsestearri,corra
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, Ronda 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 rene0ngi
a contract for goods 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.
I understand that pursuant to Section 287,135, Florida Statutes, the submission of a false certification
may subject company to civil penafties, 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
ongagod in a boycott of lsr4ael or pkiced on tho Scrutinizod Companicis with Activifle,, in Sodan Llqt 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: Teddy Castekanos who is authorized
to sign on behalf of the above referencedcomt
pa
Authorized Signature: �.
Print Name: "Feddy CasWkinos
era al Chaiin & Opleration Manager
Note:The List are available at the following Department of Management Services,Site:
tidor inforination/convicted SU
02,raLigls/sta�e
Prided 64mCdMinafary-,!,.L)tnPlgj[gLVer)dor lists
PROPOSAL FORM 00 120-Page 34 of 242
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.
Z If any funds other than Federal appropriated:funds have been paid or WW
be paid to any person for influencing or attempting to influence an officer or em&yee 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 subrnit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. 1"he Undersigned shall' require that the language of this certification be
included in the award docurnents for all subawards at all tiers (including subcontracts,
subgrants, and contracts Under grants, loans, and cooperative agreements) and that all
subre6pients 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 civti�li penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor,Dan Enterprises Team, L,.Lpk certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if arty, In addition,
the Gontractur unuerstanus arid agrees OW the pfQW801s or 31 U,5-0, Chap, 36,
Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, if any.
Signature of Cor7 rector"s Authorized Official
Teddy Castellanos, Supply Chain & 0j')erafiojrj Manager" 0 511 1/2023
Name and Title of Contractor's Authorized Official Date
PROPOSAL FORM 010120- Page 35 of 242
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ROPO AL "ORM 001 0-Page 36 of 242
INSTRUCTIONS FOR COMPLE,r[ON OF SF-LLL,
DISCLOSURE OF LOBBYINGACTIVITIES
Thit-,disclosure forill shall be completed by the reptirtingendiy,wheihersubawardee orpr%itle Fedenat recipient,at the initiation or receipi of
covered FedQralaotion or it material chamgQlopTevia)t4sfiiiilgpuinuant to title 3l U.S.C%section 1352. The filing oft fortni is required for
such p aynien I or agreement to make pay incril do iu bbying uni ity for hi flu cric ing or it Rempting to influence an officer or employee ofarty
I-cideralaction. Attach continuation sheet for additknial information ifthe space on the Ibriniginadequatc. Complete all iterns that apply
fort is the inilW filing and niateirlal chsirgo repoM giddarce published'by the 0111co ol"Managoinent and
B:udget for addiflonal infortnadnTi.
L Identify the type of covurcd Federal action flor which lobbying activity is and/or has Noon seciared to
inthicnee,the outooi-neofacoveredB,oderalactaoii,
Id on I i ty the status of to oo verod Federal aclion,
Identify t hie appropriate cl a,,,s ifj c ation of this ricTort.
to the i nfornation previously ri enter the year and quart r in which the change occurred. Inter
datcot'llietast, previously subirriltled report by this reporting entity for this covered Federal action.
4. T',uter ill ic full ow tic,address,city,state a Lid Ap code of the repoTfing entity,
known. Check the appropriate classification of this reporting entity that designates if it is or ex pieGits to be a
prince or"wbawand recipient, Identify the flea of the%ibawardev,ic,g.,the first smbawaTdecofUieprune is the
firsti,ter. Subawardshidu& but are,not hirited to said contract awards ilndergranL%
5. Iftheorganization filing the report in Item 4 checks"Subriwardec"thenenit-cr theffill nanic,addrossi,city,slate
and nap code of the pffinc Federal recipient.
6. Enter the.name of(he I'Liderahagency making The award or loan coaunitrncnt. Include at lleast oile
organization level below agency name,i fknown. For example,Department ol"Trinisportation,thtited States
Coa.51 OLLUrd,
7. Emu the FQdQrrd program nai ric or duYozipfion for the,covered Fedond action(itCTo i). Iftnown,enter the ful I
Catalagof Federal Donicsuu Assistance(('FDA)T]Uffilbci for grants,cooperative agreements,loans and loan
conurtuuent's.
S. Enter them,most appropriate Federid Momi�,iri namberivailLable for the i c&�ral action Aentificatinn in item I ie L,-,
grarl, or loan award number,the apphCation/proposal control number 4axigncd by the Federal agency), hiclude
prefixes,e.g-, "RH-DE-90-001."
9. For a covered Federal action where ihero has been an award or loan oornmilinera by the Federal agency,enler the
FoLleral atuOUIll of the award/loan corrankments for the prini identified in utern4 or 5,
1 O. (a)Enter the W11 nante,address,city,state and zip code of the Bobbying entity engaged by the reports ng entity
identified in iietn4 to irfluencedthic evvered Fcc[Lrall 4cfiom
(b)Ebter flie fit I I names ofth e individual(s)perlbrining sery i cts and i riclude hull address if d iffere at frorn t0(a). Enter Last
11, Enter the arriount oficoni paid or reLisortably expected to be paid by ihe reporting enfiry(i%ni:4)to[hQ
lobbying etilfty(tiLern W). Indicatewhother the paynient has teen niiii(actuin),or wilt be made!(P.kaRiTied)
Check aH boxes that apply. Ifthis is a material change report,enter the curnulalive amount ol'payinent inade or
planned to be niade,
12. Chii the appropriate box. Check all boxes that apply. Upayinent is made through ati in-kind contribution,
spnjlythQ neaten and value of the m-kind pay rtiont,
t 3. Chock the appropriate box. Check all boxes that apply. If'other,specify nature.
14, Provide a specific and deviled description ofthe serviecs that the lobbyist.has perfornted or wifl be cKpcelml to
perform and the dritc(s)of any services rendered. Include all preparatory and related activity snot just thine spent in
actual contact, with Federal officials. ldcnfl fy the Federal o flicer(8)or,employce(s)contactedor the offlcQr(s)
0TY1PI0Y0C(1%)Or WrobCl'(S) ofCrtngrcss 11hal were contacted.
15. Check whether or not it continuation shoa(s)is ArtachedL
16. The certifying official shia H sign and date the NTri print his/her narne i i de and telephone flan
PubHo reporlingbiardert for this collection 017n1161-lnaiiOD is Ctifil-nWerito average 10 mirntate pet respotase,mcludin&tinie for reviewing
instruction,searching existing data source.,,',',galhoringsand inaintaining the data needed.,and corripRcling and mviewing the collection of
information. Send cominents regarding the burden estimuto or iany rith"wpoet ofthis co[lection of infi)rtntuiort, includingsuggesfiors for
reducing this Nuden,to the 011fice ofklrinagemcra and Budgct,PapCrW0Tk Reduction Nqivict
(0348-0,04 6),Wasbingtou,D,C.20503, S11"411-Insiruclions, Rev.06-04-
90,T,NDlF>,
PROP OiSAL. FORM 001 120-Page 37 of 242
SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph##w#area code Fax: Cell: Address
Raea,f DesmTown RCaofiaaaF,&nc Leta Pa;9'aft,a 305-537-8872 N/A 786-308-9707 Miami,FL
PROPOSALFORM 001 0- Page 38 of 242
SECTION 00130
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements for
Construction Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
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 any 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 m3uranoc 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 complete copy of any or all
insurance policies with all endorsements, amendments, exclusions and notice of changes to the
policy as 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.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 39 of 242
The acceptance and/or approval of the Contractor's insurance shall not be construed as,
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials, will be
included as"Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on afl policies
covering County-ownedi property.
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.
INSURANCE REQUIREMENTS AND FORMS 001130-Page 40 of 242
WORKERS' COM�PE NSATION
INSURANCE REQUIREMENTS
FOR
MARATHON PROFESSIONAL CENTER BUILDING ROOF REPLACEMENT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Dan Enteripftes Tearn, LL.0
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes and the requirements of Florida Statutes, Chapter 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,00r O Bodily Injury by Accident
$500,0001 Bodily Injury by Disease, policy limits
$500,000, Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida..
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Gertificate of Insurance wiil be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
INSURANCE REQUIREMENTS AND FORMS 00 130- Page 41 of 242
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
MARATHON PROFESSIONAL CENTER BUILDING ROOF REPLACEMENT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Dan E"Interprises Tearn, [J.-C
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained! throughout the life of the contract and
include, as a minimum�:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be:�
$500,000 Combined Single Limit
An Occurrence Form: policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued' to satisfy the above requirements.
INSURANCE REQUIREMENTS AND FORMS 00 130- Page 42 of 242
BUSINESS AUTOMOBILE LIABILITY
INSURANCE REQUIREMENTS
FOR
MARATHON PROFESSIONAL CENTER BUILDING ROOF REPLACEMENT
BETWEEN
MONIROE COUNTY, FLORIDA
AND
Dare Enterp6ses 'r'earn, L[_(],
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shaii obtain Business Automobile Liability
Insurance, Coverage shall be maintained througho t the life of the contract and include, as a
minimum, liability coverage for.,
a Owned, Non-Owned, and Hired Vehicles
The minimum limits,acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 242
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Workers Compensation Statutory Limits
Employers Liability $500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
Policy Limits
$500,000 Bodily Injury by Disease,
each employee
Generai Liability, including $500,000 Combined Single Limit
Premises, Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Business Automobile Liability $300,000 Combined Single Limit
(Owned, non-owned, and hired vehiicles)
If split limits are preferred:
$200,000 per Person
$300,,000 per Occurrence
$200,000 Property Damage
Builder's Risk: Not Required
The contract shall require a Public Construction bond equal to the contract cost, The bond must
be issued by an A rated surety company doing business in the State of Florida. The Contractor
shall provide a certified copy of the recorded payment and/or performance bond to the Owner
pursuant to Section 2,55.05, Florida Statutes.
Hold Harmless, Indemnification, 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, aindl against (i) any claims, actions, or causes of action, (fl) 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 (hill) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its
employees, agents, contractors or other invitees during the term of this Agreement, (B) the
negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents,, sub-contractors or other invitees, or(C),
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY
or any of its employees, agents,, contractors or invitees (other than Contractor). The monetary
limitation of liability under this contract shall be equal to the dollar value of the contract and not
INSURANCE REQUIREMENTS AND FORMS 00130-Page 44 of 242
less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractors failure,to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and a14 increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor,, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The extent of liability is in noway limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
Ulnited 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 fiabifities,
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.
PROPOSER'S STATEMENT
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.
I eddy Castellanos
PROPOSER Signature
INSURANCE REWREMENTS AND FORMS, 00 130-Page 45 of 242
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
Worker's Compensation DAWC099323
Employers Liability DAWC099323
General Liability GLX1839 $25'00
Auto Liability GLX1 839 $2500
Liability policies are x Occurrence Claims Made
A&M FALERO INSURANCE INC 14-e
Insurance Agency igna re 0 - 1
INSURANCE REQUIREMENTS AND FORMS 001130- Page 46 of 242
P �
�s"��N��ov r ;
1� by '
Minority Owned Business Declaration
Da i Ent erpds e,,,; l"e2rn,, l..i._C ,a sine-contractor engaged by:1'W^onroe County during the completion
of work associated with the;below indicated project
(Check one)
is a minority business enterprise, as defined in.Section 288,703, Florida Statutes
or
is not a rn,inority business enterprise,as defined in Section 288,703, Florida,Statutes,
F.&288.703(3) "Minority business enterprise"means any small business concern as defined in subwcction(fr)(sce
below)which is organized to engage iwrwcontrnerc;ial transactions,which is domiciled in Florida,and which is at least:
51-percent-owned by minority persons who are;members of an inst:alar group that is of at particular racial,ethnic,or
gender makeup or national origin,which has been subjected historically to disparate treatment due to identification
in and with that group resulting in an underrepresentation of commurc cal enterprises under the t roup's control,and
whose management and daily operations are controlled by such persons.A minority business enterprise may
primarily involve the practice ofa profession. Ownership by a minority person does not include ownership which is
the result of a transfer from a nonniinority person to a minority person within a related irtnnediate fannily group if
the combined total net asset value of all members ot'such family group exceeds`fy I million.For purroses of this
subsection,,then terra"related immediate fare ly group„means one or more children under 16 years of age nand a
parent ol'such children or the spouse or such parent residing in the same house or Living unit.
l`.S 288.703(6) "Smash business"means an:independently owned and operated business concern that:employs 200 or
fewer pernvancnt full-time employees and that,together with its affiliates,has a net worth ornot more thaan'$5
million or any faun based in this state which has a Small '13tiwiness Administration S'(a)cent icaation.As,applicable to
sole proprietorships,the$5 million net worth requirement shall include both personal and business investments.
Contractot,rna,y zc,l"ct,,,,ljp:F,S, 28 .703..for in.ore tprfcaptaation.
Contractor � Sub-recipient,: Monroe County
x
Sigma turc Signature
print Name: "i(,,,,dc3'y CasteiWnos Printed Name:
Title:SU°:r I C r ife t l r l 1:lcrlt G .. —.
�' I l�y �' � � �.;aaM Title:—,—
Address: �rv�a�u u
Address: 18501 Pines Bl dt Suitr :3 '7 COMB Approved No. 1.505-0271.
City/State/Zip Pertiarokee fines„ i"'L 33029
late; 05/11/20213
INSURANCE REQUIREMENTS AND FORMS 00133- Page 47 of 242
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, certifies, by Submission
of this document,that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared inellgible, or voluntarily excluded from participation in this transaction by any
Federal department or agency,
(2) Where the Recipient's contractor is unable to certify to the above statement,the prospective
contractor shall attach an explanation to this form.
Dan n rnterprises®team, Ll.0
Signature r.�;4'•�+ ��� Recipient's Marne
Supply t:,�hain & Operation Manager.....
Name and Title Division Contract Number
8501..Pines s ltdvrf, Suite#357 OMB Approved No. 1505-0271
street.add ress
Pernbroke P= nes, FL 33029
City, State„Zip
Date 0,15/1`i/21 t,%i3
End of Section 010130
INSURANCE REQUIREMENTS AND FORMS 00f30-Page 48 of242
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