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05/24/2023 Agreement Monroe County Purchasing Policy and Procedures AIII'LUNLIS1 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under --Contract-with: MARATHON ELECTRI(b Contract. Effective Date: Expiration Date: .....-....... Contract Purpose/Description: Replace 600 amp Electrical Service,Fleet Garage, 10600 Aviation Blvd.,Marathon,Florida " Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: JT Null 8036 Facilities Maintenance CONTRACT COSTS Total Dollar Value of Contract: $ 10 244.40 Current Year Portion: $ (must be$100,000 00 or less) ,. ' _.. (if multiyear agreement then �.. requires BOC;C:approval,unless the total cwnulative amount is $100,000 00 or less) Budgeted? Yes No Grant: $10,244.40 County Match: $ _ Fund/Cost Center/Spend Category: 125-Cc 06067-PROJ-00000187 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: DEFERRED MAINTENANCE (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Re2uired: YES ❑NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: 1(Vililam DeSantis 0 9alally s%Qd by P!cie tables County Attorney Signature: b 3 0 ' _ ale 2025 23 10 28.,h 64'06 Patriciaatncla aa les ...._. ......, Risk Management Signature: Jaclyn Flatt Lisa AbrOU 04 oy.; dby ouAb'." Purchasing Signature: f)1 2,023 0 2412:."lq.!} 04'00' OMB Signature: John Quinn ).t" 02305241 2521-D4 Comments: Revised BOCC 4/19/2023 Page 84 of 105 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES t Replace 600 amp Electrical' Service, Fleet Garage, 10600 Aviation Blvd., Marathon, Florida .. BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates, District 1 Mayor Pro Tern Holly Merrill Raschein, District 5 Michelle Lincoln, District 2 James K. Scholl, District 3 David Rice, District 4 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis 04/25/2023 PREPARED BY: Monroe County Facilities Maintenance Department Page 1 of 52 Monroe County Facilities Maintenance General Scope of Work Job Name: Replace 600 amp Electrical Service Job Location: Fleet Garage 10600 Aviation Blvd. Marathon, FL 33050 Contact: John T. Null Facilities Maintenance John T.Null 305-587-8036 Jessica Morris 305-289-6036 ........ ............ PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Monroe County ("Owner" or "County") shall enter into a contract with a qualified Contractor to replace the 600 amp electrical service at the Fleet Garage, 10600 Aviation Blvd., Marathon, Florida. The term of this contract shall commence upon the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced,the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty (30) days, thereafter. The Contractor shall be required to secure and pay for all required permits and approvals to perform the work which may include: Monroe County Building Department, the City of Marathon, and any other permitting or regulatory agencies, if applicable. Contractor shall include those permit fees as a part of the Contractor's bid. Page 2 of 52 B) All quotes are due by Monday, May 1, 2023, at 3:00 P.M., via email to morris- jessica@monroecounty-fl.gov. All Quotes must state they will be good for one hundred twenty(120) calendar days from submittal due date. 2. Project Intent and Scope Scope of Work: The Contractor shall provide the following Scope of Work and provide all labor and materials to: Replace 600 amp electrical service without replacing the wires Include any fees for Building Permits 3. General Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: JT Null at 305-587-8036 B) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Existing fixtures ii. Personal Items iii. Floors iv. Vehicles and Personal Property V. Landscaping C) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. D) The Contractor shall load,haul, and properly dispose of all construction debris and materials. E) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. F) The Contractor shall furnish all required work site safety equipment. G) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. H) Construction work times shall be limited to: Specified by the County I) All materials must be approved by submittal prior to commencement of work. Page 3 of 52 .n The Contractor shall provide a lump sum price by Monday,May 1, 2023, at 3:00 p.m., via email as noted herein. K) The Contractor needs to be aware of weather and location and plan accordingly, L) The Contractor needs to be aware of the facility,its residents,and staff with unusual schedules and plan accordingly. M) The Contractor shall provide a safety lift plan for any crane/hoist work. N) If applicable, Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts,and any other information necessary for the proper function and maintenance of the equipment. O) The Contractor shall provide a schedule for all phases of the project. P) The Contractor shall coordinate all activities with concurrent site work being performed, if any. Q) Insurance Requirements: Workers Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $100,000 Bodily Injury by Disease, each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle: $200,000 per Person (Owned, non-owned, $300,000 per Occurrence and hired vehicles) $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder Page 4 of 52 and Additional Insured on General Liability and Vehicle policies. A"Sample" Certificate of Insurance is attached,which may not be reflective of the insurance amounts required for this project but is provided for"informational purposes"only. R) The Contractor is required to have all current licenses necessary to perform the work and shall submit the Contractor's License and Monroe County Business Tax Receipt along with its Proposal. If the Contractor is not a current registered Monroe County Vendor, then it shall also submit a properly completed and executed W-9 Form. S) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and(iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,or in connection with, (A)any activity of the Contractor or any of its employees,agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or(C)the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3 Q. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement,this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall 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. Page 5 of 52 ,United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. T) NON-COLLUSION.By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law,the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor.No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. U) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/hers/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. V) CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313,Florida Statutes,regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Page 6 of 52 W) DRUG-FREE WORKPLACE.By signing this proposal,the undersigned certifies that the contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows: 1) They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection 1. 4) In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS I) Noudiscrimivation/Eg ual Employment Opportunity. The Contractor and County agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis 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 Page 7 of 52 or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,color,sex,religion,national origin,ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 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 11,¶C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 Page 8 of 52 employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph(1) and the provision of paragraphs(1)through(8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or Page 9 of 52 purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Title of the Civil T i lits Act of 1964. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity,denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency"in any program or activity receiving federal financial assistance,42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. II) Termination Provisions. A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for„Cause and 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 the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with five (5) calendar days' notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination,unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County 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 10 of 52 D. Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon seven (7) days' notice to Contractor. If the County terminates this agreement with the Contractor,County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. III) Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained as applicable for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later; or 2) for a period of seven (7) years from the termination of this Agreement or for a period of five (5)years from the submission of the final expenditure report as per 2 CFR §200.33,whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7)years following the termination of this Agreement. Further, the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Sections 602(c)and 603(c)of the Social Security Act,Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. 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. Page 11 of 52 IV) Right to audit® Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as,but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes,running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. V) Payment of Fees l Invoices. County shall pay pursuant to the Florida Local Government Prompt Payment Act, Fla. Stat., Sec. 218.70,upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department, Attention Jessica Morris, via email at morris- l_ � ca;�nazntld�� � W�w�ry The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Page 12 of 52 Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI) Public Records Compliance. The Contractor must comply with Florida public records laws,including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,records, papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records 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. Page 13 of 52 (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE NO. 305- 292-3470 BRADLEY-BRIAN a) ONROECOUNTY—FC.y.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12T11 Street SUITE 408 KEY WEST FL 33040. VII) F- 'erify System. Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. VIII) Notice tie uireinent.. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered Page 14 of 52 by national courier with proof of delivery or by U.S.Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: MARATHON ELECTRIC For Owner: Facilities Maintenance Department Attention: John T. Null 10600 Aviation Blvd. Marathon, FL 33040 And Monroe County Attorney's Office 1111 12`h Street Suite 408 Key West, Florida 33040 IX) UrIetrntr llable fjrcurn tancg% 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 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 frill performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owners Representative may determine. Page 15 of 52 X) Adjudication of Dis utcs or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Sections I,Nondiscrimination, or Section 11, concerning termination or cancellation. 4. FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including but not limited to: A) Clean Air Act 42 U.S.C. §§7401-76719.1 and the Federal Water Pollution Control Act J33 U.S.C. I251-1387 CONTRACTOR agrees to comply with all applicable standards,orders, or regulations issued pursuant to the Clean Air Act,as amended, (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended(33 U.S.C. §§1251-1387)and will report violations to the Department of the Treasury and the appropriate Regional Office of the Environmental Protection Agency(EPA). The Clean Air Act(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act(33 U.S.C. §§1251-1387),as amended,applies to Contracts and subgrants of amounts in excess of$100,000.00. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the American Rescue Plan Act funding. The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the Department of Treasury/Federal Agency and the appropriate EPA Regional Office. B) Contract Work flours and Safety Standards Act '40 U.S.C. " ` 701-3708 . 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 forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles Page 16 of 52 ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work,which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages;liquidated damages. In the event of any violation of the clause set forth in Paragraph(b)(1) of this section,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph(b)(1)of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph(b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b)(2) of 29 C.F.R. §5.5. (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 Page 17 of 52 subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, Paragraphs (1)through (4). C) Rights to Inventions Made Linder 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. D) Debarment and Suspension Executive Orders 1254?9 and 1.2689 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�vw s,ai1_i., . 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. E) Byrd Arai-Lobo in Annendnient 31 U.S.C. '1352 . Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier Page 18 of 52 certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If the award exceeds $100,000, the attached certification must be signed and submitted by the Contractor to the County. F) Compliance with Procurement of Recovered Materials as set forth in 2 CFR " 200.322. The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, lack... Ile gg'iwNpwg- program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. G) Prohibition on certain telecommunications and video surveillance services or ¢ui anent as set forth in.2 C:"FR§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 Page 19 of 52 equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation,Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. H) Domestic Preference for Procurements as set forth in 2 C.F.R. 200.322. The County and Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. I) Copeland "Anti-Kickback" Act 2 C.F.R. 200 Appendix II D • 40 U.S.C. 3� 145). 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 Page 20 of 52 part of the compensation to which it is otherwise entitled. The County shall report all suspected or reported violations to the Department of the Treasury. 5. Other Federal and/or Department of the Treasury Requirements (as applicable) Section 602(b) of the Social Security Act (the Act), as added by Section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the Treasury(Treasury)to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (Fiscal Recovery Funds). Monroe County shall not enter into a Contract or make any distributions of funds to Contractor using monies from the Fiscal Recovery Funds absent Contractor's agreement and adherence to each term and condition contained herein. The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: A) Americans with Disabilities Act of 19901 ADA as amended. The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. B) Disadvantaged Business Enter rise DB,'F "olicy 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. '.LRE AL0,321 CONTRACTING WITH SMALL AND MINORITY BI S1Nl S"'SE W llllEN' 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 wtu"IncycrI ossible. Page 21 of 52 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 econotnicalI t 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 a,, ro riatn, 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. Q Access to Records. Contractor and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2)Give the Department of the Treasury access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; and(3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. D) Cha,nges 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. E) Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor must report the names and total compensation of its five most highly compensated executives and the names and total compensation of the five most highly compensated executives of its subcontractors for the preceding completed fiscal year if: Page 22 of 52 (a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. §170.320; (b) the Contractor received 80 percent or more of its gross revenues from federal procurement contracts(and subcontracts)and federal financial assistance subject to the Transparency Act, as provided by 2 C.F.R. §170.320 (and subcontracts); (c) the Contractor received $25,000,000.00 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. §170.320 (and subcontracts); and (d) the public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m(a),78o(d))or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and Exchange Commission total compensation filings at Rkll I' rvr. c� ?c� ?�� al / cap �°ui1. F) No Gbh ration In Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County/non- Federal entity, contractor or any other party pertaining to any matter resulting from the contract. G) Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. H) The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. I) The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury attached hereto as Attachment A and made a part of this Agreement. J) The Contractor shall hold the United States and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. Page 23 of 52 K) 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. L) Conflicts of Interest. The Contractor understands and agrees it must maintain a conflict-of-interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest policy is applicable to each activity funded under the federal award as set forth in Attachment A. The Contractor and subcontractors must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. M) Remedial 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 provided in Section 602(e) of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(III) of the Act, as applicable. N) Compliance with Federal Lary Regulations and Executive Orders. This is an acknowledgment that Department of the Treasury (Treasury) financial assistance will be used to fund the contract only. The Contractor agrees to comply with the requirements of Sections 602 and 603 of the Act, regulations adopted by Treasury pursuant to Sections 602(f) and 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this award and subject to such exceptions as may be otherwise 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 Page 24 of 52 Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. ii i.. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200,Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. O) Hatch Act, The Contractor agrees to comply, as applicable, with requirements of the Hatch Act(5 U.S.C. §§ 1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. P) False Statements. The Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,debarment from participating in federal awards or contracts, and/or any other remedy. Q) Publications. Any publications produced with 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." R) Debts Owed the Federal Government. a. Any funds paid to the Contractor (1) in excess of the amount to which Contractor is finally determined to be authorized to retain under the terms of this award as set forth in Attachment A; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are Page 25 of 52 determined by Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Contractor shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Attachment A. Treasury will take any actions available to it to collect such a debt. S) Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment A or any other losses resulting in any way from the performance of services pursuant to any contract, or subcontract under this award. b. The acceptance of these funds provided by the federal award as set forth in Attachment A by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. T) Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: 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; Page 26 of 52 v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c, The Contractor shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. U) Increasing Seat(felt Use in the United States.Pursuant to Executive Order 13043, 62 FR 19217(Apr. 18, 1997),the Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. V) ReducingTextMessaging 'Tile 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. Page 27 of 52 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 10600 Aviation Blvd. Marathon, FL 33050 PROPOSAL FROM: KI 0 1 ` -r ING 100,90 t The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Replace 600 amp electrical service at Marathon Fleet Garage and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications,and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within Ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty (30) days, thereafter. Page 28 of 52 The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. (Total Base Proposal-words) $ ... M Dollars. (Total Base Proposal—numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No.—Dated No. Dated NOTES 1) For replacement of the riser wires (if needed), add $ 2,592.00 2) Current lead time on the disconnect switch is 12 to 16 weeks. 3) Due to the volatility of material prices at this time, the cost for wire and conduit may change. These items will be re-quoted if necessary once the switch arrives. Page 29 of 52 In addition, Proposer states that he/she has provided or will provide the County, along with this Proposal, a certified copy of Contractor's License, Monroe County Business Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be b a person with authority to bind the entity. Y p tY tY By signing this agreement below,the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page. hit p //l1-inoraroqcoum t .ci�p q� com/Bids.astix?CatID=1, AND accepts all of the terms and conditions and all Federal required contract provisions herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor: ... _ m ._. ....._---------------._. SIGN & Mailing Address: LIGHT, INC. Marathon, FL 33050 Phone Number: _ ! 6- E.I.N.: Email: ! E c® m .._...._............_. Date: Signed: Name Title Contractor's Witness signature: Witness name: _ -- Date:,---j 5 ... ......................................................._.... .. ...... .......... The County accepts the above proposal: MONROE COUNTY, FLORIDA c° Date: 05.24.2023 By: County Administrator orDesignee 'Jqvn' " r0n Page 30 of 52 APAMCIA FABLES .. . ASSISTANT . � .. NON-COLLUSION AFFIDAVIT l of the city of g , d under penalty o perjury, depose and say that: a.accordi am to law on my oath a of the fi 4n of A,JAgZ1 2nyc& Stn � - . the bidder making the Proposal for the project described in the Request for Proposal for: and that I executed the sa,ild proposal with full authority to do so; b. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and C. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and e. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Proposer) (Date) STATE OF: a r' I A COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means O . hysical presence or ❑ online notarization, on 22� (date) by C name of affiant . He/She 6r's0naIIy known�t me or has produced m . _.. (type of identification) as identification. NOTARY PUBLIC My commission expires: EAL) OWY Public date tt of FIV10 yhNh4 2 2 Sion riNri Page 31 of 52 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: STATE OF: 4 COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of hysical presence or ❑ onlioe notariz io n 20 (date) by (name of affiant). He/She is a rsb llly-known� me or has produced 'd+en fba i . (Type of identification) NOTARY PUBLIC 4�- My commission expires: (SEAL) N,tary Pub6 Hunt a tof Florida ecey yHH 236 Z23 un If4V ypp 11351202 Page 32 of 52 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance wi 1 lIorida Stattrte, ec. 287.087 hereby certifies that: (Name of Business) 1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4, In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. 1`1 )o,°erls Signature Date STATE OF: t COUNTY OF: Subscribed and sworn to (or affirmed)before me, by means of )llysical preseiyce or ❑ online notarization on (date) by - �� '` _ . name of affiante o 1 rl ( ). 11 /S11�.�p� I1 to me or has produced _...._._ . �. WW= '= 'j,� =�irtjcat'oa ) ���r�s is .11t.ification. �..__ �_. l�t,W?. PUBLIC (SEAL) My Commission Expires:.,,,_,,_, Notary Publicsrs or Florida Page 33 of 52 Ah ACacey M Hunt g My c m; � FfIll &�H 236223 i PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signa, u,re) Date: 45- STATE OF: COUNTY OF: Subscribed and sworn to (or afffr d) before me, by means ofV physical presence or ❑ online notarization, the day of 20 (dte)„�by._. ... s eyr�sorr known t me or has (name of affiant), I e/Sha ' ''p a11y produced �w.,� .mo ° (type of identification) as identification.. 'OT RY PUBLIC (SEAL) My Commission Expires: Notary Public State of Florida acey Fri Akar»t t�,ty ao�rrbi'stlorr aIW HH 236223 Exp.W13120 6 Page 34 of 52 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): e Respondent Vendor Name: r -1 Vendor FEIN: Vendor's Authorized Rep esent 'ive Name and Title: Addres,;� o ? ,� 4-v. City:) State: � Zip: Phone Number3Q -7� Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for good or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria, I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By; ,/ who is authorized to sign on behalf of the above ref ced company. Authorized Sig ture: Print Name: Title: Note: The List are available at the following Department of Management Services Site: yl � s Irru �..N. do rctW:: r r u wt �a 3n U, u G to wiriry A w�c t uo I uµ>A¢��..tJtir rydu„ � w� r u��� �� ��� a �;t*.p en(,h 4d .c,!osr dniilly:tor cusp ogid i ts verldor ousts Page 35 of 52 APPENDIX A 44 C.F.R. DART 18-- CE,RTIFI ATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, m certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification an disclosure, if any. mow.. Signature of Contractor's Authorized Official Name and Titre of Contractor's uthorize . Official �w Date m Page 36 of 52 DISCLOSUREOF LOBBYING ACTIVITIES 1. Type of Federal Action: 2. Status of Federal Action: I Report Type: a.cota-acl a.baiafEeVapphc&&n =a Lmnal b material chanEe b ,fit b irshal Award, C, Cooperallve agroemear c. post-award d. loan For MaterW Chaaige Only: e, loan guarantee year_ quarter f loan insurance to of last i"rt 4. *Name and Address of Reporfin g Entity 5. IfRepottiog Entity izNo.4isSub,%w,ardee. Enter Name sadAddress*(Prime: Tier if knowu Congressional District,if Imown Congressional District,if known S. Federal Department/Ageuq: 7, Federal Program CFDA Number,if applicable 9, Federal Action Nimber.dknoam, 9. Award Amaent,Lf known: 10. a. K=*aad Address of Lobby Fetid- b, ladhidualsPerformingServices, (mcludin4 (if imhviduAl,lost name,&st name.be, ad if di-lerert fram No. 10k1 (135C MAM.11115t 31230e,W (atlich cocrm.lafiou slev,(O if aecessjn� 11. Amout of paymeat((bwk A thm apply) 11 Type of Payment(theck all that apply) actual. F-]P Lvxed F-1 3. retainer b one-tease fee I L Form of Payment(check all that apply)� C COMUSSWU F-1 a cash d. contutgemt Sze F1 b. in-kxrA, ;yyedf : namT@ e deferred' valwit f Ober,ipecffy, 14, Brief Description of Slanices,Performod or to be performed 34d Da*,t)of sonact,including officer(s),employee(i),or member(s)contacted,for Fa, ate Indicated,in Item M (attach Coctinuitt6on.131beet(-3,'g iftecesi" IS Coutinvidon S)eet(s)affacbed- Yes, NO 16, Wm=6on nqw W shrm&tki fonu t,.n6oraW hy TWoMUSCA-acticaUll rsy=:4 was'puged 4T*4 lua wz =",nowjond Lao. Print Name, puzwAww31FJ,SC 1312 Miiu1==Adon-xi',1bo rspomd M ccaqrow%canes tLwr=d=1 WlvaL*4 b, r1bhr invactiML Affypw.=MID&A%bo fik 69 wj=ld rll)e: dares: sur%duVbo&,zbJ,&ct to powly of or?,gm thtz SMOM Md W1 mom than 1100,CW far Bach MrI failwo T@4hone No.: —Dare: Authorized fox Ural Rgprodixtm Federal Use OuI2°„ 'Stmdmd Form-LLL 2-6c PART 2iCOUNTY Page 37 of 52 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing ofa form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the Identify the status ofthe covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known, Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. [den Lify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s) employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office ofManagement and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev,06-04- 90«ENDIF» Page 38 of 52 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: •Certificate of Insurance or •A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Page 39 of 52 The Monroe County Board of County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management Department. Page 40 of 52 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,0001$500,0001$100,000 Bodily Injury by Accident/Bodily Injury by Disease,policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned,non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,Contractor shall defend,indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death),loss,damage,fine,penalty or business interruption,and(iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this Page 41 of 52 contract shall be equal to the doll I arvalue ofthe contract and not less than$f nail ion per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set f6rth in the insurance requirements inClUded in Paragraph 3.Q. herein, Insofar as the clairns, actions, causes of action, litigation, procceth rigs, costs or e%pt-,nscs irelate to events or CirCUMstances that occur during the teryn of' this Agreement, this sc(;tion will survive the expiration of the tenn of tills Agreement or any earher ternlination of this Agreement. III tile event that the completion of tile pro,iect (to inckide the work of others) is delayed or suspended as as result of the Conmictor's failure to purchase or maintain the required insunuice, the Contractor shall indeniniFy the County fi-orn any and all increased expenses resulting fi-on)such delay. Should any clainis be amerted against the C',ounty by virtue of any deficiency or arribrigii.jity in the plans and specifications provided by the Contractor,the Cono,actor agrees and warrants that the Contractor shall hold the County harnfless and shall Mdernnify it frorn all losses occurdrig thereby and shall further defend any claim or action on the County's behalf.. art °ems S'a(gs DqLar(mvil t,(of'th C Urcas 11 111no ificatioll t--- — — DL-1deri To the Fullest extent permitted by law,the Contractor shall indeninify and hold harnfless the United States Department ofthe'U'reasury and its officers arid employees, frorn liabilities,daimages, losses and costs, including, but not hniited to, reasontble iatorney's f�es, to the extent caused by the negligence, recklessness or intentional wrongfiA rnisconduct of the Contractor and persons employed or utilized by the Contractor in the perfonnance ofthis Contract. This indemnification shall survive the tennination 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 ('our ity.. The extent of liability is in no way finuted to, reduced, or leg,,-.,,ened by the insurance requirenients contained elsewhere within this Ap,reernent. PROPOSER's STATEMENT understand the insurance that will be mandatory if awarded the contract and M11 comply in full Wth all of the requirements herein. I Rally accept the inderrinification and h6d harrWess and duty to defend as set out in this proposal, S PROPOSER Signature Page 42 of 52 INSURAN TAT N ii I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are-kOccurrence Claims Made �ior.ru Broom ,Y`io...� o Insurance Agency Signature Page 43 of 52 MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. ContractorNendor: Project or Service: ContractorNendor Address&Phone#: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of Contractor/Vendor: Date; .......... ...._Approved Not Approved....... Risk Management Signature: Date: County Administrator appeal: Approved:.... ................ Not Approved: Date: Board of County Commissioners appeal: pp _ Not Approved:Approved: ___......_......... Meeting Date: Page 44 of 52 A '"R DATE(MM/DDIYYYY) .w CERTIFICATE OF LIABILITY INSURANCE 02/24/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poliCy(ies)must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER NA$1e:A T Madelys Morales Brown&Brown o1 Florida,Inc. PI(GRE (305)114-4404 305 T I4-4401 IAd Na.8t Rtl. ..,.........._. 8825 NW 21stTerrace E-MAIL ADOREsac Madelys.Morales@bbrown.com INSURER(S)AFFORDING COVERAGE NAIC# Doral FL 33172 INSURERA: Ategrity Specialty Insurance Company ®___...... ... INSURED Allstate Insurance Company INSURER B: P Y MARATHON ELECTRIC SIGN&LIGHT INC INSURER C: Evanston Insurance Company 10690 Aviation Blvd INSURER D: Insurance Company of the West 27847 INSURER E: Marathon FL 33050 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 MASTER GL/CA/ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW'HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R ........ ........ POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDIDrcEFF MMIDD LIMITS INSD WV IYYYYJ X. COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE '..$ 1,000,000 CLAIMS-MADE ®OCCUR 2, MW1;SFS Fa nr.,nalrranr..s $ 100'000 wwwwwwwwwwww_ MED EXP(Any one person) $ 5,000 _ww_ I _...... A Y 01CPKP200737010 02/24/2023 02/24/2024 PERSONAL&ADVINJURY $ 1,000,000 GEN%AGGRE-GATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 r^"w PRO �' 2,000,000 POLICY JECT LOG PRODUCTS-COMP/OP AGG $ .wawa. OTHER: $__. AUTOMOBILE LIABILITY C',MANED SIN$LEI.NIT $ 1,000,000 Ea accdent ANYAUTO BODILY INJURY(Per person) $ B OWNED AUTOS ONLY SCHEDULED Y 048859444 02/24/2023 02/24/2024 BODILY INJURY(Per accident) $ AUTOS ✓ HIRED x. NON-OWNED PI 0Pf: Y DA.M✓OE; $ AUTOS ONLY AUTOS ONLY Per ncdcontl PIP $ 10,000 x UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 3,000,000 C EXCESS LIAB CLAIMS-MADE EZXS3106604 02/24/2023 02/24/2024 AGGREGATE $ DIED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY y/N '� $TATI,I.TE ER ANY PROPRIETOR/PARTNER/EXECUTIVE EACH ACCIDENT $ 1,000,000 D OFFICER/MEMBER EXCLUDED? Y NIA WFL505918802 01/12/2023 01/12/2024 -EL —H (Mandatory in NH) E..L,DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL:DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Florida Electrical Contractor#EC13010720 APPROVED BY RISK MANAGEMENT Certificate holder included as additional insured in respect to general liability and auto 13Y ...., ,r' ,. DATE 5/15/2023 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN MONROE COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. COMMISSIONERS BOCC 1100 SIMONTON STREET AUTHORIZED REPRESENTATIVE KEY WEST CO 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ATTACHMENT A CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT Page 46 of 52 OM B Approved No 1505-0271 Expiration Date: 11/30/2021 tJ S DEIPAIRTMIF"N FOFTHI[.i,T'REAStJRY CORONAVMUS S"FAT11.AND LOCAL HSCAL Rl"COVE.RY FUNDS ............................. .....................................................--------- Recipient name and address: DUNS Number:073876757 Monroe County Board of Commissioners Taxpayer Identification Number:596000749 1100 Simonton Street,Room 2-213 Assistance Listing Number and Title:21 027 Key West,Florida 33040 Sections 602(b)and 603(b)of the Social Security Act(the Act)as added by section 9901 of the American Rescue Plan Act,Pub-L No, 117-2(March 11,202 1)authorizes the Department of the Treasury(Treasury)to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavinis Local Fiscal Recovery Fund Recipients hereby agrees,as a condition to receiving such payment from Treasury,agrees to the terms attached hereto Recipient: Tina Boan Dai,ea 1 20 2 0l20In,12,n -04'00' Authorized Representative Signature(above) Authorized Representative Name: Tina Boan Authorized Representative Title: Senior Director Budget&Finance Date Signed: U.S.Department of the Treasury: Authorized Representative Signature(above) Authorized Representative Name: Jacob Leibenluft Authorized Representative Title: Chief Recovery Officer,Office of Recovery Programs Date Signed: May 14.2021 PAPERWORK RIEDUCTMN ACT NOTICE The hfforilvia6on CoHe';ted w iH be aiwd Fm the U S uoyerrinkem w provess iequievs for suprxia The estiniated bmMi amiciated with inns,wHeerkpia of i0briTiO601111 is 15 IRMIL110S 0e,r response Con"nents conwining Lhe w;vuracy W'Viis hirdeviesfirnaw wid ft)r redUVillkly,0eS hurden shOWd be direCted ro the Offk;e of R6vocy., rirampairvneyand Reuor&,DeportrrieyR of the Y'reaqury,tl500 Pwirisy Ovari4i Me,N VV,W 511hingjtoin,ID C 20220 DO 110 'send the Ryinn Lo d1us7.aftess Magency may wt conchiat or:Ejperm.w wd a penon k 1ni)L recleived Lo iespondl t0:,a oolleobon o�'iWcnmafion unkiss a disp ays a vand c%miLro[numboy amigned by ONH3 Page 47 of 52 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS JJUXI-of"DAIL a Recipient understands and agrees that the funds disbursed tinder 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. 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. Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award, �,Jajntgrtan"ilt,nj3il&cc��to Kgcon Is a, Recipient shall maintain records and financial docunients sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implern enting 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. Pre-award costs,as defined in 2 CF',R.§200,458,may not be paid with funding from this award, L- Recipient may use funds provided under this award to cover both direct and indirect costs Cost sharing or matching funds are not required to be provided by Recipient lnlare4l Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R.§ 200-31 8(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, 2 Coploliance W, I I I -mflminhl� a Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(t)and 603(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 Managem ent(SAM),2 C-F R,Part 25,pursuant to which the award term set forth in Appendix A to 2 CY 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 Governitientwide Debarment and Suspension(Nonprocurem ent.),2 C FR Part 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C FR,Part 180,subpart B)that the award is subject to 2 C F.R_ Part 180 and Treasury's implementing regulation at 31 C F R Part 19 Page 48 of 52 v Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 CYR_Part 200, Appendix XII to Part 200 is hereby incorporated by reference vi. Goverriniontwide Requirements for Drug-Free Workplace,31 CER Part 20, vii New Restrictions on Lobbying,31 C,FR,Part 21 v iii, 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 an 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; hi Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.0 §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 Am ericans with Disabilities Act of 1990,as am ended(42 U S,C §§12 101 et sect.),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, t t sate It�l to floats. 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 CYR§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(c)and 603(c)of the Act 11..liatch Act,Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C.§§1501-1509 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, t� Fdy_,�"­A1W1LL 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, 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 Commissioner-,by the U S.Department of the Treasury a Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally 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 goverriment, b, Any debts determined to be owed the federal government must be paid promptly by Recipient A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt, Page 49 of 52 & The United States expressly disclaims any kind all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death4 bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award, b The acceptance of this award by Recipient does not in anyway establish an agency relationship between the United States and Recipient, 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 mem ber 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. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce ILI= g,,at ML Use in the Lh 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, &.'1c=UwW�,YJWC L)LjOal', Pursuant to Executive Order 13513,74 FR 51225(Oct 6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers Page 50 of 52 OMB Approved No,1505-0271 Expiration Date:11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI Or THE, CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance,Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits, This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future, The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above 1, Recipient ensures its current and future compliance with Title V1 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.0 §2000d et secf),as implemented by the Department of the TreasuryTitle 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 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 V1 of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from aprogram 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 pan of this contract(or agreement). Title PY afro 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 W regulations;31 CFR Part 22,and herein incorporated by reference and made a part of this contract or agreement. 6 Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits If any Page 51 of 52 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 7 Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions,That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements, 8 Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VL 9, Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding if the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement,If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state- 10 If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients, The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law, Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date InaJ„VI yT &'1,rJ,dJJU,AVj,Boo Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the US,Govermtern 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 aperson is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB Page 52 of 52 2022 / 2023 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2023 RECEIPT# 48210-60384 Business Name: MARATHON ELECTRIC SIGN &LIGHT Owner Name: RANDALL MEARNS Business Location: 10690 AVIATION BLVD Mailing Address: MARATHON, FL 33050 10690 AVIATION BLVD Business Phone: 305-743-5805 MARATHON, FL 33050 Business Type: RETAIL SALES (RETAIL: ELECTRICAL SUPPLIES) Employees 10 CTax Amo60t00fTransfer-FeeO 00 Sub Total 60 00 Penalty 0.00 Prior Years -0.00 Collection C0.00 Total Pa60.00 _................... ., Paid 131-21 -00000770 09/23/2022 60.00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2023 Business Name: MARATHON ELECTRIC SIGN &LIGHT RECEIPT# 48210-60384 10690 AVIATION BLVD Business Location: MARATHON, FL 33050 Owner Name: RANDALL MEARNS Mailing Address: Business Phone: 305-743-5805 10690 AVIATION BLVD Business Type: RETAIL SALES (RETAIL: ELECTRICAL SUPPLIES) MARATHON, FL 33050 Employees 10 60.00 0.00 60.00 y 0.00 0.00 0.00 60.00 -Total Penalt Prior Years Collection Cost Total Paid Tax Amount Transfer Fee. Sub..... -__ Paid 131 -21 -00000770 09/23/2022 60.00 Morris-Jessica Now From: Morris-Jessica Sent: Tuesday, May 2, 2023 12:31 PM To: rmmthelectric@aol.com Cc: Null-John; Morris-Jessica Subject: RE: RFS for Electrical work- Marathon Electric Sign & Light Hello Randy, You were recently provided with a Request for Services (RFS)to Replace 600 amp Electrical Service, Fleet Garage, 10600 Aviation Blvd., Marathon, Florida,from this office seeking proposals in response thereto. The RFS currently states in Paragraphs 1 B)and 2 J)that the quotes were due by Monday, May 1,2023. Staff has determined that the date needs to be extended for quotes to be received. This notice is to clarify and correct those two paragraphs to reflect that the bids are now due by Friday, May 5, 2023, at 3:00 p.m., based on this extension of time to respond. We apologize for this inconvenience this may have caused you in preparing your quote. Please note that this email will act as an addendum for extending the current bid due date in the RFS so that it now reflects the extended bid due date as FRIDAY, MAY 5,2023,at 3:00 p.m. There are no other corrections or changes in the RFS. We look forward to receiving bids from you. Je4si c Mor►-Ck Executive Assistant Middle Keys Facilities Maintenance to � J Monroe County Public Works 10600 Aviation Blvd. Marathon, FL 33050 Phone:305-504-4327 Email: Morrisjessicj@4 ors w r a #1 y Fl,g PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From: Morris-Jessica Sent:Thursday,April 27, 2023 10:34 AM To: rmmthelectric@aol.com Cc: Null-John<Null-John@MonroeCounty-FL.Gov> Subject: RFS for Electrical work-Marathon Electric Sign & Light Hello Randy, I spoke with David today who shared your email address with me. We have an RFS attached for electrical work at Monroe County Fleet Garage. David did state that you would not be able to get back to us until at least Tuesday or 1 Wednesday of next week(May 211 or 3"), but we would like to get your bid if you are interested?Please let us know at your earliest convenience. We look forward to hearing from you. Thank you, J�Mo-rr&k Executive Assistant Middle Keys Facilities Maintenance Monroe County Public Works 10600 Aviation Blvd. Marathon, FL 33050 Phone: 305-504-4327 Email W rrw _j srcia f nrjjLg rs����mm:�[j PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 2 SUPERIOR Estimate of tl►c Floe idaa Kev&talc ��"..�� ��- .� Date Estimate# tali thaw 522672 f aaramW tnn ai hopa'es,Ua'"l.. ,334152 4/27/2023 E09-8385 Name/Address Job Address Monroe CountyY 10600 Aviation Blvd. 1100 Simonton Street Fleet Garage Ste 205 Key West, FL 33040 Qty Description Rate Total 10600 Aviation Blvd. **Fleet Garage** 1 Replace 600amp Service 9,800.00 9,800.00 Without Replacing the Wires **Note** Additional$2,500.00 if we Replace Wire. Building Permits 667.60 667.60 Contract must be signed and returned with 50%deposit prior to commencing labor.This estimate excludes permit fees,light fixtures,fans and bulbs. Draws are as followed unless stated otherwise: 50%DEPOSIT DUE AT SIGNING OF CONTRACT 30%OF CONTRACT DUE AFTER ROUGH IN IS COMPLETE 20%OF CONTRACT DUE UPON FINAL COMPLETION OF JOB 1. Superior Electric of the FL Keys, INC shall not be held accountable for errors or omissions in designs by others. 2.Superior Electric of the FL Keys, INC shall not be held accountable for indirect loss or damages. 3. Materials purchased by Superior Electric of the FL Keys, INC is warranted for up to one year from date of installation. 4.Any additional request for electrical services not agreed herein,will be invoiced separately. 5. Permit fees are not included in this estimate and will be invoiced separately. 6. If collection is required,the customer agrees to pay all reasonable cost of collections, including all attorney fees and cost. 7. Interest on any past due/unpaid balance will be applied at the highest interest allowed by law. Fh.'Vls is an f7stirnate only, totals may G'haaallga2 do to Total $10,467.60 tinfb5cs,eeiIin CIMLJITISta rltC(,aa;, inflation o2""Ao,1"'4.a5teria;'al price inci("a2se a�21�.c. Signature------------------------------------------ Morris-Jessica From: Morris-Jessica Sent: Tuesday, May 2, 2023 12:34 PM To: superelectrickey@aol.com Cc: Null-John; Morris-Jessica Subject: RE: Estimate# E09-8385 Hello Renee and team, You were recently provided with a Request for Services (RFS)to Replace 600 amp Electrical Service, Fleet Garage, 10600 Aviation Blvd.,Marathon,Florida,from this office seeking proposals in response thereto. The RFS currently states in Paragraphs 1 B)and 2 J)that the quotes were due by Monday,May 1,2023. Staff has determined that the date needs to be extended for quotes to be received. This notice is to clarify and correct those two paragraphs to reflect that the bids are now due by Friday, May 5, 2023, at 3:00 p.m., based on this extension of time to respond. We apologize for this inconvenience this may have caused you in preparing your quote. Please note that this email will act as an addendum for extending the current bid due date in the RFS so that it now reflects the extended bid due date as FRIDAY, MAY 5,2023,at 3:00 p.m. There are no other corrections or changes in the RFS. We look forward to receiving bids from you. We did receive your bid, but required to provide notice to all. Thank you, Executive Assistant Middle Keys Facilities Maintenance Monroe County Public Works 10600 Aviation Blvd. Marathon, FL 33050 Phone:305-504-4327 Email:- orris—Jessica..@ onroeCoun ty-Fl.gov PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From:superelectrickey@aol.com <superelectrickey@aol.com> Sent:Thursday,April 27,2023 11:13 AM To: Morris-Jessica<Morris-Jessica@MonroeCounty-FL.Gov> Cc: Null-John<Null-John@MonroeCounty-FL.Gov> Subject: Re: Estimate#E09-8385 J r� You don't often get email from Jl a�q �h r,�[raa Lg?y(r�y l � ,i q : rr l ,Jd n;.us itr1�au�rtAgt , 1 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 10600 Aviation Blvd. Marathon, FL 33050 PROPOSAL FROM: Pedro FalconElectrical' Contractors Inc. 31160 Avenue C Big Pin K FL.33Q43 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Replace 600 amp electrical service at Marathon Fleet Garage and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner,in conformance with said Drawings, Specifications,and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within Ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty(30) days, thereafter. Page 28 of 52 The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two,the Proposal in words shall control. Twenty-Two Thousand Five Hundred Dollars. ............ (Total mBase ...Proposal- words) $ 22 500.00 Dollars. Total Base Proposal�-numb.. �. ��.�.�. ...��.�. ...... _ .. ....� ( p numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No. Dated No. ....�. Dated. Page 29 of 52 Morris-Jessica Now From: Morris-Jessica Sent: Tuesday, May 2, 2023 12:35 PM To: Morris-Jessica Subject: FW: RFS for Electrical work- Pedro Falcon, Inc. From: Morris-Jessica Sent:Tuesday, May 2, 2023 12:32 PM To: roman@pedrofalcon.com Cc: Null-John<Null-John@MonroeCounty-FL.Gov> Subject: RE: RFS for Electrical work-Pedro Falcon, Inc. Hello Roman, You were recently provided with a Request for Services(RFS)to Replace 600 amp Electrical Service, Fleet Garage, 10600 Aviation Blvd.,Marathon, Florida,from this office seeking proposals in response thereto. The RFS currently states in Paragraphs 1 B)and 2 J)that the quotes were due by Monday, May 1,2023. Staff has determined that the date needs to be extended for quotes to be received. This notice is to clarify and correct those two paragraphs to reflect that the bids are now due by Friday, May 5, 2023, at 3:00 p.m., based on this extension of time to respond. We apologize for this inconvenience this may have caused you in preparing your quote. Please note that this email will act as an addendum for extending the current bid due date in the RFS so that it now reflects the extended bid due date as FRIDAY,MAY 5,2023,at 3:00 p.m. There are no other corrections or changes in the RFS. We look forward to receiving bids from you. Jevdca Morrik Executive Assistant Middle Keys Facilities Maintenance rop Monroe County Public Works 10600 Aviation Blvd. Marathon, FL 33050 Phone:305-504-4327 Email: Morris-Jessica@Mq.11„rowCounty-FI, ov PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From d Gu��i�@.I�e� a o � �r7 cru <ron��r� r do�a 1:1�:,c��� c cra°�°�> Sent: Friday,April 28, 2023 2:53 PM To: Morris-Jessica <Moriris essb„9 L. v> Subject: RE: RFS for Electrical work-Pedro Falcon, Inc. I.