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07/20/2023 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN$100.000.00 Contract :Guardian:Fence CQ:, on ` Effective Date: Tsp Expiration Date 30,Days upon coinmencernent' Contract Purpose/Description: 1n"stallafion of fencin`"'around,the Har ;`,Harris;Ballfields , Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: RubiolrarrimyAceyedo Parks&;BeacheslSto'` #26 (Name) Ext. a artmen Sto CONTRACT COSTS Total Dollar Value of Contract: $ 500.00. Current Year Portion: $ sa, o0:00 (must be less than$100,000) (If multiyear agreement then requires BOCC approval,unless the la`,retial is kss fhan $10m d„i,OO 00) Budgeted?Yes* No ❑ Grant: $64,500.00 County Match: $ FundYCost Center/Spend Category: CC 060661 SC-00036 ADDITIONAL COSTS Estimated Ongoing Costs: $ Yyr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES R NO ❑ CONTRACT REVIEW Reviewer Date In John Allen Digitally signed byJar.A"e° Department Head Signature. Date:2023.07.1016:37:55-04'00' Nathalia Mellies Archer Digitally signed by Nathafia Mellies Archer County Attorney Signature: Date:2023.07.,210,13:50-,04'00' Flatt n Risk Management Signature: Jaclyn mom:mzsm.¢ro:xxsmarav Lisa Abreu Digitagy signed by Lisa Abreu Purchasing Signature: Date:2023.07.1709:52:57-04'00' 7� �] John Quinn Digitally signed by John Quinn OMB Signature: Date:2023.07.17 09:44:57-04'00' Comments: Revised BOCC 5/17/2023 Page 85 of 106 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR HARRY HARRIS PARK BALLFIELD FENCING 50 E BEACH RD TAVERNIER, FL 33070 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates, District 1 Mayor Pro Tem Holly Merrill Raschein, District 5 Michelle Lincoln, District 2 James K. Scholl, District 3 David Rice, District 4 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Parks and Beaches Director Kevin Madok John Allen June 2023 PREPARED BY: Monroe County Parks and Beaches Department Pagel of 53 Monroe County Parks and Beaches General Scope of Work Job Name: Harry Harris Ballfield Fencing Job Location: Harry Harris Park 50 E Beach Rd. Tavernier, FL 33070 Contact: Suzi Rubio Parks and Beaches Suzi Rubio 111 ;u;,�1,;;�m;r�,,,,,,,Suzanne( )hum,orirr� ,�°„��,u„r°,t ,,,,,��„ r��w ... ..... 305-393-6277 John Allen Tema,,,,w]U,r��un( )[11oti�;,r�, er�u ......fl.�r��w 786-547-3358 ....... ............. ............. ............ ............... ......... ............ ................................................. ................................................ 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 demolish, install and replace certain portions of Harry Harris Ballfield Fencing at 50 East Beach Road, Tavernier, FL 33070. The term of this contract shall commence upon approval and execution of the contract by Monroe County and will terminate upon final completion of the Project as noted herein. Contractor shall commence performance under the contract,which may include applying for a permit if one is required for the Project,within Ten(10) calendar days of the date of issuance to the undersigned by Owner of a Notice to Proceed, Purchase Order, or 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, unless an extension of time is granted by the County. 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, Monroe Page 2 of 53 County, and any other permitting or regulatory agencies, if applicable. Contractor shall include those permit fees as a part of the Contractor's bid. B) All quotes are due by Wednesday, June 28, 2023, at 3:00 P.M., via email to Rubio- Suzanne@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 demolish existing fence areas, and install new Ballfield Fencing at Harry Harris Park: All fencing will include Schedule 40 galvanized end posts,line posts and top and bottom rails. Fence fabric shall be 9-gauge hot dip galvanized. Fence posts shall be set a minimum of 3' deep with minimum 12" diameter concrete. Location of gates and length of fence shall be field verified and discussed/approved by Project Manager prior to commencing work. • Remove and dispose of, or reuse if appropriate, approximately 143 ft. of 8-foot- high galvanized chain link fencing. • Remove approximately 185 ft. of 8-foot-high galvanized chain link fencing from storage area located at the rear of the ballfields. Existing poles may be left for reuse if in good condition. Acceptable condition of existing poles to be confirmed with owner. • Install approximately 503 ft. of 8-foot-high galvanized chain link fencing around outfield perimeter of South ballfield. Fencing will be placed on the ballfield side of existing light poles and border the storage access easement to the southeastern most corner of existing storage area. Fence fabric will then continue for along storage area existing fence poles for approximately 185 ft. to the Northeast corner of the existing storage area. Total of approximately 688 ft. • Install approximately 324 ft. of 8-foot-high galvanized fence on the North field with existing light pole and score board to remain on the North side of the new fence. Fence will tie to a pole on the storage area fence, at a 16-foot offset from the existing north boundary fence at Harry Harris Park and run east past the existing warning track. • Reuse if possible existing 8-foot-high drive access gate and reinstall on the southwest end of the South field for equipment access. Alternatively, if existing gate cannot be reused, gate from inside storage area may be relocated to the area. • Install approximately 297 ft. of 4-foot-high galvanized fencing in three locations, tying into existing poles. To include one 12 ft barn style (2 - 6 ft.) gate at the northeast corner of the North field. 3. General Requirements Page 3 of 53 A) The Contractor shall coordinate all activities with the Monroe County Parks and Beaches Department contact: Suzi Rubio at 305-393-6277 B) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Existing fencing to remain ii. Ballfield turf and irrigation iii. Vehicles and Personal Property iv. 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. J) The Contractor shall provide a lump sum price by Wednesday, June 28, 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. Page 4 of 53 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 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, Page 5 of 53 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 parry 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. 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 Page 6 of 53 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. 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 Page 7 of 53 States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS I) Nondiscrimination/Equal Employment Opportunity. The Contractor and County agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, 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 VI 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 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 Page 8 of 53 Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color,religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in Page 9 of 53 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 purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Title VI of the Civil Rights 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 Page 10 of 53 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. 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 Page 11 of 53 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. 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 Page 12 of 53 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 /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 Parks and Beaches Department, Attention Tammy Acevedo, via email at Parks,,,,. The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI) Public Records 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 Page 13 of 53 in the form of a court proceeding and shall, as a prevailing parry, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. Page 14 of 53 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(&,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. VII) E-Verify System. Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. VIII) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: For Owner: Parks and Beaches Department Attention: Suzi Rubio 102050 Overseas Hwy., Suite 213 Key Largo, FL 33037 And Page 15 of 53 Monroe County Attorney's Office 1111 12t' Street Suite 408 Key West, Florida 33040 IX) Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such 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 full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owners Representative may detenuine. X) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any parry 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 11 to C.F.R. Part 200, as amended, including but not limited to: A) Clean Air Act (42 U.S.C. "7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. "1251-1387). CONTRACTOR agrees to comply with all Page 16 of 53 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 Hours and Safety Standards Act (40 U.S.C. "3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C._�§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 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 Page 17 of 53 (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph(b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph(b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(1)through(4), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, Paragraphs (1)through (4). C) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. D) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award under a "covered transaction" (see 2 CFR §180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 Page 18 of 53 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 ww..�L,,s 11� 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 Anti-Lobbying Amendment (31 U.S.C. U352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If the award exceeds $100,000, the attached certification must be signed and submitted by the Contractor to the County. F) Compliance with Procurement of Recovered Materials as set forth in 2 CFR 200.322. The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item Page 19 of 53 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, �ztt:ps://www.eml gcy/�l 11 ,_j-.Q.gj-..a l.. 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 equipment as set forth in 2 CFR�200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (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 Page 20 of 53 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. V00.322. 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. 0145). This section applies if the contract is in excess of$2,000 and pertains to construction or repair, and further, if required by Federal program legislation. Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3), "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides in part that Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which it is otherwise entitled. The County shall report all suspected or reported violations to the Department of the Treasury. 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: Page 21 of 53 A) Americans with Disabilities Act of 1990 (ADA), as amended. The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. B) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph(1)through(5)of this section. Page 22 of 53 C) Access to Records. Contractor and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. D) Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. E) Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor must report the names and total compensation of its five most highly compensated executives and the names and total compensation of the five most highly compensated executives of its subcontractors for the preceding completed fiscal year if: (a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. §170.320; (b) the Contractor received 80 percent or more of its gross revenues from federal procurement contracts (and subcontracts)and federal financial assistance subject to the Transparency Act, as provided by 2 C.F.R. §170.320 (and subcontracts); (c) the Contractor received $25,000,000.00 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. §170.320 (and subcontracts); and (d) the public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and Exchange Commission total compensation filings at 1.i1 pjLjy rvw.scc Page 23 of 53 F) No Obligation by Federal Government. The Federal Government is not a parry to this contract and is not subject to any obligations or liabilities to the County/non- Federal entity, contractor or any other parry 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. 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. 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. 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 Page 24 of 53 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 Law, Regulations and Executive Orders. This is an acknowledgment that Department of the Treasury (Treasury) financial assistance will be used to fund the contract only. The Contractor agrees to comply with the requirements of Sections 602 and 603 of the Act, regulations adopted by Treasury pursuant to Sections 602(f) and 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F —Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 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. Page 25 of 53 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) Publications. Any publications produced with funds from the federal award as set forth in Attachment A must display the following language: "This proj ect[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." Q) Debts Owed the Federal Government. a. Any funds paid to the Contractor (1) in excess of the amount to which Contractor is finally determined to be authorized to retain under the terms of this award as set forth in Attachment A; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Contractor shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Attachment A. Treasury will take any actions available to it to collect such a debt. R) 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 Page 26 of 53 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. S) Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. T) Increasing Seat Belt 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. U) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees, Page 27 of 53 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 28 of 53 PROPOSAL FORM PROPOSAL TO: Monroe County Parks and Beaches 102050 Overseas Hwy. Key Largo,FL 33037 PROPOSAL FROM: Crrs .e The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: MARRY HARRIS PARK BALLFIELD FENCING 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,or Task Order,which commencement of performance may include applying for a permit if one is required for the Project. If a permit is required for the Project, Contractor agrees to commence further performance of its work within Ten (10) calendar days of issuance of the permit. 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,unless an extension of time is granted by the County Page 29 of 53 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. <1 71ZUSu MUM. (Total Base posal-words) $ - Dollars. (Total ease Proposal—numbers) I acknowledge Alternates as follows:N/A l acknowledge receipt of Addenda No.(s)or one No. Dated No. Dated Page 30 of 53 In addition, Proposer states that he/she has provided or will nr the County,along with this Proposal, a certified copy of Contractor's License, Monroe County Business Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below,the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: hft://fl-mooffl§M-u-nU.civio-lus.com/Bids.agmZCadD=Igl• 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: i Contractor: 4—::*Vlj Mailing Address: l� Phone Number. E.I.N.: Email: P1GlJl 94&erbe,j 3'tY°.ire- . coep1 Date: Signed: iza44 Vol Name Title Contractor's Witness signature: Witness name: Zwfn &W Date: ? The County accepts the above proposal: MONROE COUNTY,FLORIDA Roman �aSt@S�Digitally signed by Roman Gastesi L7 Date:2023.07.20 11:17:52-04'00' Date: Rv rnimty Adminktramr nr TlncianPa APPROVED AS TO FORM&LEGAL SUMCiENCY Monrievounty Attorney's Office page 31 of 53 4 3 thalfa MelUes Archer Alt Ant irnnnty Attnrnwv Scanned with CamScanner ,r �N NON-COLLUSION AFFIDAVIT I ZI r'j /oo of the city of cM according to law on my th,and under penalty of perjury,de se and say that: a. I am of the firm of " C the bidder m posal'fP1.the project described in the Request for Proposals for: l L " and that I --fited the said proposal with full authority to d 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 a ardingw cts for said project. (Si / ropo (Date) STATE OF: Irl"110/7 c COUNTY OF: /arm ra Lo Subscribed and sworn to(or affirmed)before me,by means of Er-physical presence or 0 online f r notarization,on J /(.,/ 3 0113 3 (date)by I��. �5 (name of affant). He/She is personally known to me or has produced -�`' (type of identification) as identification. Nf}TA Y OUBLIC My commission expires: (SEAL) `� LALiRA BRAWN MY comMISSION 0 H1140565 1041'1US:Febmuy 12.2025 Page 32 of 53 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1"O MONROE COUNTY,FLORIDA ETHICS CLAUSE 64 it (Company) warrants that helshe/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.0 10- 1990 or any County officer or employee in violation of Section 3 of Ordinance No.0 10-1990. 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, i consideration paid to the former County officer or employee". (Signaturo�A Date: STATE OF: )CI00 COUNTY OF: flbrl-640- Subscribed and sworn to or affirmed)before me,by means of El physical presence or 0 online notarization,on f S- Qaj ----,20 (date)by (name i f latit) /S is pe own to me or has produced 0aff10 *�;' - as identification. (Type of identific6tion) it t A A ftj1Ty-\ NOTARY PUBLI� i My commission expires: (SEAL) *./ ll% LAURA BROWN mycomm SIONNHH9095 IM"E WS: 12,=5 Ww Page 33 of 53 S,canned with CamiScanner DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec.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. d 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 'th the above requirements. Proopo ignature Date STATE OF: COUNTY OF: '1 Subscribed and swoW11 r affirmed)before me,by means of hysic�l pre ice or❑online notarization,on (date)by, �l/1,I,) (name of affiant). He/She4s pe6onally known to me or has produced (type of ide "fication)as dentification. NOTA Y PUBLI (SEAL) My Commission Expires: LAURRA BROWN Page 34 of 53 MY COMMISSION M HH90565 �y,,,, EXPIRES:Fcbmaq 12,2025 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-si , 6)"i--o'-n- s igna Date: L 3 STATE OF: COUNTY OF: eima-e Subscribed and sworn to(or affirmed)�e�ore me,by means of[a/physical presence or 0 online notarization,on the clay of ( I 20Q3 (date),by 8VO j (name of affiant). He/She is ) n5 e personally known to me or has produced PA- A (type of identification)as identification. TARP PUBLIC (SEAL) My Commission Expires: Rii,e, n%- LAURABROWN My comMISSION#H114565 */EXPIRES: FebnmrY 12,2025 Page 35 of 53 S,canned with CamiScanner VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project l3escription(s): rr # 1 e Respondent Vendor Name: Vendor FEIN: al — Vendor's Authorized Representat'veYame and Title: G Address: .23 t City: ,_ Stater Zip: Phone Num r_jZ� - JV,2cf( ,,_ Email Address: Alai 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 Petroleur 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 Use 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: -u'i'+ 1 �►� ,who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: Note:The List are available at the following Departmrnrt of Management Services Site: .s.mvfloridaxon ) iarn !C •ha siril a t fistsglaint, vendor Page 36 of�53 APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor , 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 and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date Page 37 of 53 DISC,'LOSURE Of LOBENING ACTWITITS CONIPUT17HIS F0924 TODISCLO"'ZIOBB".—NC,ACTV=S FT:&SU,,U;TTCj Yl US'C',,1352 L Typ e,of Fed e:r.il Action: 2 tam, of Federfl Action: 3,„, Report T,.,-pe,: H a COILIT'NCT ❑A.bAleffer,app b PRE'l b aMhal 71wayd b mEeha]chaRpe I 1. ll:0GpIETZtVe,3117TRMI-EM c. posl-wwrd d 10M for Materiall Champ Only: e. boan paranlee velm apurnpi f D o,atin-umnic a date of LIA T EPID L7 4. Name amd Address of PAparting Etudly S. If RATartimg Ezifity in No.4 is Stibawairdee, Enter Name amdAddresz,of Pnme: subawnr&e Tipz ifkM0TNM CM,Rg�MSMIUA DiStrillt.,if knOWM Comgressionall District.,if known 6, Federal DepairtmeatAgency: '7. Federal PreqT=.NameTesdcriplmca: CFDA.Namber,if appdcnble 8 FederalActiami Number,ift-nown: Award Amzuml.,if kmown: 11 a. Name and AAA4esz,of Lobby Emfitr F. Indhtftals Performimg Semiges (mcloudugg (If nanat,fust namp,M)<',k addzeis ifIffE,2111 from.No. I 0A) Claw nama,frsl name, if (Wlach Cai=mtiam Shper(,-,)':if necesmyv) 11. Amzuat of Fiyment(chm k,a+ at appiry) 13. Typed PINMent(Chleclz IM that Ippily), ❑ cvml ❑p L=ed F—I 3, reTniner F—I b. ooze-timefe-! IL F%rppuf Paymemg(check all that apply): c cocmuiilcu F—I a" Ca"sh d. cmhqFnt fie F—] b in-buid, speczf-y natze e defknsd valma f othar,specift 14- Brief Descripboa,af'Serdices Performed acto bp perloirm*d nand Date(i)of Semlixe,includimig officer(s),.,employWr),.,oar ooembex(s)contacted,for Fzymemit ladicaded ia Item 11: (atlach Cotrtmmbon Shastffs)if necas;arv.) IS- Cantmoativon Sheet(s)attached: Yes El No El 06, h6olmlatan rKmallad.&zcYQ4 thm,fdw:s vaffi=ad by 71tip U,S C SAciiaa 1.3 32, Thn dnd,-xvun oflobtrms Sipanze:! risLimic4 wis pLzrad by thA,bu a�v:z whan Lt tramuctim. wu,ma di&w ant". .Lmodo, Mis&%clD imra cc mgund. Print Mmp,_ p1blTcLavpwlaaa, Amy porlm wID fiLIN feEk&,&."rlind &i zlovun aLan.bsvrA ;,ct.to a pGmairty'r f as lip,thmm U.10,00D lmdnoo,Mas th=SIMM"col lfiriacl Nurl fail,'mm TeLEphmiE No.',� Diva: Aox1ho,nzpd for L4cal Repruduction Fecle:rfl Us*Only: St dud Form-LLL 2-6c RAR7 DCOIJIM7Y Page 38 of 53 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan 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 of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90aENDIF» Page 39 of 53 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 40 of 53 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 41 of 53 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,000/$500,000/$100,000 Bodily Injury by Accident/Bodily Injury by Disease,policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend,indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss,damage,fine,penalty or business interruption, and(iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified parry 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 42 of 53 contract shall be equal to the dollar value of the contract and not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3.Q. herein. Insofar as the claims,actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. United StatM Depart men I of the Treasliry Indemnification To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees,from liabilities,damages,losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSEWS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. PROPOSER Signatum--�� Page 43 of 53 S,canned with CamiScanner INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES MPT7243V NONE Liability policies are Occurrence Claims Made M I G 13 L L C y&n&ggW Swtiik Insurance Agency Signature Page 44 of 53 DATE(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE `...-� 05/01/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MIG13, LLC dba The Morgan Insurance Group PHONE Dana Doyle FAX 102481 Overseas Highway E-MA ILo Ext: (305)451�788 A/c,No): (305)451-1539 Key Largo, FL 33037 ADDRESS: dana@tmigfla.com License #: L104251 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Old Dominion Insurance Co 40231 INSURED INSURER B Guardian Fence DBA Ronnies Fencing & Fence INSURER C: 238 2nd Rd INSURER D: Key Largo, FL 33037 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00006979-613866 REVISION NUMBER: 1 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY Y MPT7243V 02/06/2023 02/06/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE DAMAGE TO RENTED �( OCCUR PREMISES Ea occurrence $ 500 000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 �( POLICY D PRO- JECT CI LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT DATE 5/19/9,09..3 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Suite 205 AUTHORIZED REPRESENTATIVE Key West, FL 33040 DXD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by DXD on 05/01/2023 at 01:45PM DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 04/27/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amanda Hanson NAME: Brown&Brown of Florida,Inc. a/cNr o Ext: (954)820-7937 a/c,No): (954)776-4446 1201 W Cypress Creek Rd E-MAIL Amanda.Hanson@bbrown.com ADDRESS: Suite 130 INSURER(S)AFFORDING COVERAGE NAIC# Fort Lauderdale, FL 33309 INSURERA: Progressive Express Insurance Company 10193 INSURED INSURER B: Bridgefield Employers Insurance Company 10701 Guardian Fence,Co. INSURER C: 238 2nd Road INSURER D: INSURER E: Key Largo, FL 33037 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO TED CLAIMS-MADE OCCUR -PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED r SCHEDULED Y 966040249 02/08/2023 02/08/2024 BODILY INJURY(Peraccident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? ❑ N/A 83055262 02/26/2023 02/26/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners is an additional insured with respect to Automobile Liability if required by written contract. APPROVED BY RISK MANAGEMENT BY , ra° DATE 5/19/2023 + 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 Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street, AUTHORIZED REPRESENTATIVE Suite 205 Key West, FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO CA 00 01 11 20 . BUSINESS AUTO COVERAGE FORM Various provisions in this Policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this Policy, the words "you" and "your" following numerical symbols describe the "autos" that refer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those"autos"you acquire ownership of after the Policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger"autos"you acquire ownership of after the Policy begins. "Autos"Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the Policy begins. "Autos"Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the Policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those"autos"you acquire ownership of after the Uninsured Policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those"autos"you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 1 of 13 INSURED COPY a ' 19 Mobile Only those"autos"that are land vehicles and that would qualify under the definition Equipment of"mobile equipment" under this Policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos b. Repair; 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered c. Servicing; next to a coverage in Item Two of the d. "Loss"; or Declarations, then you have coverage for "autos" that you acquire after the policy period e. Destruction. begins of the type described for the remainder SECTION II—COVERED AUTOS LIABILITY of the policy period. COVERAGE 2. But, if Symbol 7 is entered next to a coverage A. Coverage in Item Two of the Declarations, an "auto" you We will pay all sums an "insured" legally must pay acquire after the policy period begins will be a as damages because of"bodily injury"or"property covered "auto"for that coverage only if: damage" to which this insurance applies, caused a. We already cover all "autos" that you own by an "accident" and resulting from the ownership, for that coverage or it replaces an auto maintenance or use of a covered "auto". you previously owned that had that We will also pay all sums an "insured" legally must coverage; and pay as a "covered pollution cost or expense" to b. You tell us within 30 days after you acquire which this insurance applies, caused by an it that you want us to cover it for that "accident" and resulting from, the ownership, coverage. maintenance or use of covered "autos". However, 3. An "auto" that is leased or rented to you we will only pay for the "covered pollution cost or without a driver, under a written agreement for expense" if there is either "bodily injury" or a continuous period of at least six months that "property damage" to which this insurance applies requires you to provide primary insurance that is caused by the same"accident". covering such "auto", will be considered a We have the right and duty to defend any covered "auto"you own. "insured"against a "suit" asking for such damages C. Certain Trailers, Mobile Equipment And or a "covered pollution cost or expense". However, Temporary Substitute Autos we have no duty to defend any "insured" against a If Covered Autos Liability Coverage is provided by "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or this Coverage Form, the following types of expense" to which this insurance does not apply. vehicles are also covered "autos" for Covered We may investigate and settle any claim or "suit" Autos Liability Coverage: as we consider appropriate. Our duty to defend or 1. "Trailers" with a registered Gross Vehicle settle ends when the Covered Autos Liability Weight Rating of 3,000 pounds or less Coverage Limit of Insurance has been exhausted designed primarily for travel on public roads. by payment of judgments or settlements. 2. "Mobile equipment" while being carried or 1. Who Is An Insured towed by a covered "auto". The following are"insureds": 3. Any "auto" you do not own while used with the a. You for any covered"auto". permission of its owner as a temporary substitute for a covered "auto" you own that is b. Anyone else while using with your out of service because of its: permission a covered "auto" you own, hire a. Breakdown; or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". Page 2 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY This exception does not apply if the (6) All interest on the full amount of any covered "auto" is a "trailer" connected to judgment that accrues after entry of the a covered "auto"you own. judgment in any "suit" against the (2) Your "employee" if the covered "auto" is "insured"we defend, but our duty to pay owned by that "employee" or a member interest ends when we have paid, of his or her household. offered to pay or deposited in court the part of the judgment that is within our (3) Someone using a covered "auto" while Limit of Insurance. he or she is working in a business of selling, servicing, repairing, parking or These payments will not reduce the Limit of storing "autos" unless that business is Insurance. yours. b. Out-of-state Coverage Extensions (4) Anyone other than your "employees", While a covered "auto" is away from the partners (if you are a partnership), state where it is licensed, we will: members (if you are a limited liability (1) Increase the Limit of Insurance for company) or a lessee or borrower or Covered Autos Liability Coverage to any of their "employees", while moving meet the limits specified by a property to or from a covered "auto". compulsory or financial responsibility (5) A partner (if you are a partnership) or a law of the jurisdiction where the covered . member (if you are a limited liability "auto" is being used. This extension company)for a covered "auto"owned by does not apply to the limit or limits him or her or a member of his or her specified by any law governing motor household. carriers of passengers or property. c. Anyone liable for the conduct of an (2) Provide the minimum amounts and "insured" described above but only to the types of other coverages, such as no- extent of that liability. fault, required of out-of-state vehicles by 2. Coverage Extensions the jurisdiction where the covered "auto" a. Supplementary Payments is being used. We will not pay anyone more than once for We will pay for the"insured": the same elements of loss because of (1) All expenses we incur. these extensions. (2) Up to $2,000 for cost of bail bonds B. Exclusions (including bonds for related traffic law This insurance does not apply to any of the violations) required because of an following: "accident" we cover. We do not have to furnish these bonds. 1. Expected Or Intended Injury (3) The cost of bonds to release "Bodily injury" or "property damage" expected attachments in any "suit" against the or intended from the standpoint of the "insured" we defend, but only for bond "insured". amounts within our Limit of Insurance. 2. Contractual (4) All reasonable expenses incurred by the Liability assumed under any contract or "insured" at our request, including actual agreement. loss of earnings up to $250 a day But this exclusion does not apply to liability for because of time off from work. damages: (5) All court costs taxed against the a. Assumed in a contract or agreement that is "insured" in any "suit" against the an "insured contract", provided the "bodily insured we defend. However, these injury" or "property damage" occurs payments do not include attorneys' fees subsequent to the execution of the contract or attorneys' expenses taxed against the or agreement; or "insured". CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 3 of 13 INSURED COPY b. That the "insured". would have in the 7. Handling Of Property absence of the contract or agreement. "Bodily injury" or "property damage" resulting 3: -Workers'Compensation from the handling of property: Any obligation for which the "insured" or the a. Before it is moved from the place where it is "insured's" insurer may be held liable under accepted by the "insured" for movement any workers' compensation, disability benefits into or onto the covered "auto'; or or unemployment compensation law or any b. After it is moved from the covered "auto" to similar law. the place where it is finally delivered by the 4. Employee Indemnification And Employer's "insured". Liability 8. Movement Of Property By Mechanical "Bodily injury"to: Device a. An "employee" of the "insured" arising out "Bodily injury" or "property damage" resulting of and in the course of: from the movement of property by a (1) Employment by the"insured'; or mechanical device (other than a hand truck) unless the device is attached to the covered (2) Performing the duties related to the "auto". conduct of the"insured's" business; or 9. Operations b. The spouse, child, parent, brother or sister of that "employee" as a consequence of "Bodily injury" or"property damage" arising out Paragraph a. above. of the operation of: This exclusion applies: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile (1) Whether the "insured" may be liable as equipment"; or an employer or in any other capacity; and b. Machinery or equipment that is on, attached to or part of a land vehicle that would (2) To any obligation to share damages with qualify under the definition of "mobile or repay someone else who must pay equipment" if it were not subject to a damages because of the injury. compulsory or financial responsibility law or But this exclusion does not apply to "bodily other motor vehicle insurance law where it injury" to domestic "employees" not entitled to is licensed or principally garaged. workers' compensation benefits or to liability 10. Completed Operations assumed by the "insured" under an "insured contract". For the purposes of the Coverage "Bodily injury" or"property damage" arising out Form, a domestic "employee" is a person of your work after that work has been engaged in household or domestic work completed or abandoned. performed principally in connection with a In this exclusion, your work means: residence premises. a. Work or operations performed by you or on 5. Fellow Employee your behalf; and "Bodily injury"to: b. Materials, parts or equipment furnished in a. Any fellow "employee" of the "insured" connection with such work or operations. arising out of and in the course of the fellow Your work includes warranties or "employee's" employment or while representations made at any time with respect performing duties related to the conduct of to the fitness, quality, durability or performance your business; or of any of the items included in Paragraph a. or b. The spouse, child, parent, brother or sister b. above. of that fellow"employee" as a consequence Your work will be deemed completed at the of Paragraph a.above. earliest of the following times: 6. Care, Custody Or Control (1) When all of the work called for in your "Property damage"to or"covered pollution cost contract has been completed; or expense" involving property owned or (2) When all of the work to be done at the transported by the "insured" or in the site has been completed if your contract "insured's" care, custody or control. But this calls for work at more than one site; or exclusion does not apply to liability assumed under a sidetrack agreement. Page 4 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY (3) When that part of the work done at a job Paragraphs b. and c. above of this exclusion site has been put to its intended use by do not apply to "accidents" that occur away any person or organization other than from premises owned by or rented to an another contractor or subcontractor "insured" with respect to "pollutants" not in or working on the same project. upon a covered "auto" if: Work that may need service, maintenance, (a) The "pollutants" or any property in correction, repair or replacement, but which is which the "pollutants" are contained otherwise complete, will be treated as are upset, overturned or damaged as completed. a result of the maintenance or use of 11. Pollution a covered "auto"; and "Bodily injury" or"property damage" arising out (b) The discharge, dispersal, seepage, of the actual, alleged or threatened discharge, migration, release or escape of the "pollutants" is caused directly by dispersal, seepage, migration, release or escape of"pollutants": such upset, overturn or damage. a. That are, or that are contained in any 12. War property that is: "Bodily injury" or "property damage" arising (1) Being transported or towed by, handled directly or indirectly out of: or handled for movement into, onto or a. War, including undeclared or civil war; from the covered"auto"; b. Warlike action by a military force, including (2) Otherwise in the course of transit by or action in hindering or defending against an on behalf of the"insured"; or actual or expected attack, by any (3) Being stored, disposed of, treated or government, sovereign or other authority processed in or upon the covered using military personnel or other agents; or "auto'; c. Insurrection, rebellion, revolution, usurped b. Before the "pollutants" or any property in power or action taken by governmental which the "pollutants" are contained are authority in hindering or defending against moved from the place where they are any of these. accepted by the "insured" for movement 13. Racing into or onto the covered "auto"; or Covered "autos"while used in any professional c. After the "pollutants" or any property in or organized racing or demolition contest or which the "pollutants" are contained are stunting activity, or while practicing for such moved from the covered "auto" to the place contest or activity. This insurance also does where they are finally delivered, disposed of not apply while that covered "auto" is being or abandoned by the"insured". prepared for such a contest or activity. Paragraph a. above does not apply to fuels, 14. Unmanned Aircraft lubricants, fluids, exhaust gases or other "Bodily injury" or"property damage" arising out similar"pollutants" that are needed for or result of the ownership, maintenance or use of from the normal electrical, hydraulic or "unmanned aircraft". mechanical functioning of the covered "auto" or its parts if: C. Limit Of Insurance (1) The "pollutants" escape, seep, migrate Regardless of the .number of covered "autos", or are discharged, dispersed or released "insureds", premiums paid, claims made or directly from an "auto" part designed by vehicles involved in the "accident", the most we its manufacturer to hold, store, receive will pay for the total of all damages and "covered or dispose of such "pollutants"; and pollution cost or expense"combined resulting from 2 Th covered pollution cost or expensey e"bodily u " damage" any one "accident" is the Limit Of Insurance for ( ) y injury"� pro Covered Autos Liability Coverage shown in the gor Declarations. does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 5 of 13 INSURED COPY All "bodily injury", "property damage"and "covered 3. Glass Breakage—Hitting A Bird Or Animal— pollution cost or expense" resulting from Falling Objects Or Missiles continuous or repeated exposure to substantially If you carry Comprehensive Coverage for the the same conditions will be considered as damaged covered "auto", we will pay for the resulting from one"accident". following under Comprehensive Coverage: No one will be entitled to receive duplicate a. Glass breakage; payments for the same elements of "loss" under this Coverage Form and any Medical Payments b. "Loss" caused by hitting a bird or animal; Coverage endorsement, Uninsured Motorists and Coverage endorsement or Underinsured Motorists c. "Loss"caused by falling objects or missiles. Coverage endorsement attached to this Coverage However, you have the option of having glass Part. breakage caused by a covered "auto's" SECTION III—PHYSICAL DAMAGE COVERAGE collision or overturn considered a "loss" under A. Coverage Collision Coverage. 1. We will pay for"loss" to a covered "auto" or its 4. Coverage Extensions equipment under: a. Transportation Expenses a. Comprehensive Coverage We will pay up to $30 per day, to a From any cause except: maximum of $900, for temporary transportation expense incurred by you (1) The covered autos„ collision with because of the total theft of a covered another object; or "auto" of the private passenger type. We (2) The covered "auto's"overturn. will pay only for those covered "autos" for b. Specified Causes Of Loss Coverage which you carry either Comprehensive or Caused by: Specified Causes Of Loss Coverage. We will pay for temporary transportation (1) Fire, lightning or explosion; expenses incurred during the period (2) Theft; beginning 48 hours after the theft and ending, regardless of the Policy's (3) Windstorm, hail or earthquake; expiration, when the covered "auto" is (4) Flood; returned to use or we pay for its"loss". (5) Mischief or vandalism; or b. Loss Of Use Expenses (6) The sinking, burning, collision or For Hired Auto Physical Damage, we will derailment of any conveyance pay expenses for which an "insured" transporting the covered "auto". becomes legally responsible to pay for loss c. Collision Coverage of use of a vehicle rented or hired without a driver under a written rental contract or Caused by: agreement. We will pay for loss of use (1) The covered "auto's" collision with expenses if caused by: another object; or (1) Other than collision only if the (2) The covered "auto's"overturn. Declarations indicates that Comprehensive Coverage is provided 2. Towing And Labor for any covered "auto'; We will pay up to the limit shown in the (2) Specified Causes of Loss only if the Declarations for towing and labor costs Declarations indicates that Specified incurred each time a covered "auto" that is a Causes Of Loss Coverage is provided private passenger type, light truck or medium for any covered "auto"; or truck is disabled. However, the labor must be performed at the place of disablement. Page 6 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY (3) Collision only -if the Declarations 4. We will not pay for "loss" to any of the indicates that Collision Coverage is following: provided for any covered"auto". a. Tapes, records, discs or other similar audio, However, the most we will pay for any visual or data electronic devices designed expenses for loss of use is $30 per day, to for use with audio, visual or data electronic a maximum of$900. equipment. B. Exclusions b. Any device designed or used to detect 1. We will not pay for"loss"caused by or resulting speed-measuring equipment, such as radar from any of the following. Such "loss" is or laser detectors, and any jamming excluded regardless of any other cause or apparatus intended to elude or disrupt event that contributes concurrently or in any speed-measuring equipment. sequence to the"loss". c. Any electronic equipment, without regard to a. Nuclear Hazard whether this equipment is permanently installed, that reproduces, receives or (1) The explosion of any weapon employing transmits audio, visual or data signals. atomic fission or fusion; or d. Any accessories used with the electronic (2) Nuclear reaction or radiation, or equipment described in Paragraph c. radioactive contamination, however above. caused. 5. Exclusions 4.c. and 4.d. do not apply to b. War Or Military Action equipment designed to be operated solely by (1) War, including undeclared or civil war; use of the power from the "auto's" electrical (2) Warlike action by a military force, system that, at the time of"loss", is: including action in hindering or a. Permanently installed in or upon the defending against an actual or expected covered "auto"; attack, by any government, sovereign or b. Removable from a housing unit which is other authority using military personnel permanently installed in or upon the or other agents; or covered "auto"; (3) Insurrection, rebellion, revolution, c. An integral part of the same unit housing usurped power or action taken by any electronic equipment described in governmental authority in hindering or Paragraphs a. and b. above; or defending against any of these. 2. We will not a for"loss" to an covered "auto" d. Necessary for the normal operation of the pay Y covered auto or the monitoring of the while used in any professional or organized covered "auto's"operating system. racing or demolition contest or stunting activity, „ or while practicing for such contest or activity. 6. We will not pay for loss to a covered auto We will also not pay for "loss" to any covered due to"diminution in value". "auto" while that covered "auto" is being C. Limits Of Insurance prepared for such a contest or activity. 1. The most we will pay for: 3. We will not pay for"loss"due and confined to: a. "Loss" to any one covered "auto" is the a. Wear and tear, freezing, mechanical or lesser of: electrical breakdown. (1) The actual cash value of the damaged b. Blowouts, punctures or other road damage or stolen property as of the time of the to tires. "loss'; or This exclusion does not apply to such "loss" (2) The cost of repairing or replacing the resulting from the total theft of a covered damaged or stolen property with other "auto". property of like kind and quality. CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 7 of,13 INSURED COPY b. All electronic equipment that reproduces, SECTION IV—BUSINESS AUTO CONDITIONS receives or transmits audio, visual or data The following conditions apply in addition to the signals in any one"loss" is $1,000, if, at the Common Policy Conditions: time of"loss", such electronic equipment is: A. Loss Conditions (1) Permanently installed in or upon the covered "auto" in a housing, opening or 1. Appraisal For Physical Damage Loss other location that is not normally used If you and we disagree on the amount of"loss", by the "auto" manufacturer for the either may demand an appraisal of the "loss". installation of such equipment; In this event, each party will select a competent (2) Removable from a permanently installed appraiser. The two appraisers will select a housing unit as described in Paragraph competent and impartial umpire. The b.(1)above; or appraisers will state separately the actual cash (3) An integral part of such equipment as value and amount of"loss". If they fail to agree, described in Paragraphs b.(1) and b.(2) they will submit their differences to the umpire. above. A decision agreed to by any two will be binding. Each party will: 2. An adjustment for depreciation and physical a. Pay its chosen appraiser; and condition will be made in determining actual cash value in the event of a total"loss". b. Bear the other expenses of the appraisal 3. If a repair or replacement results in better than and umpire equally. like kind or quality, we will not pay for the If we submit to an appraisal, we will still retain amount of the betterment. our right to deny the claim. D. Deductible 2. Duties In The Event Of Accident, Claim, Suit For each covered "auto", our obligation to pay for, Or Loss repair, return or replace damaged or stolen We have no duty to provide coverage under property will be reduced by the applicable this Policy unless there has been full deductible shown in the Declarations prior to the compliance with the following duties: application of the Limit Of Insurance, provided a. In the event of "accident", claim, "suit" or that: "loss", you must give us or our authorized 1. The Comprehensive or Specified Causes Of representative prompt notice of the Loss Coverage deductible applies only to"loss" "accident" or"loss". Include: caused by: (1) How, when and where the "accident" or a. Theft or mischief or vandalism; or "loss"occurred; b. All perils. (2) The"insured's"name and address; and 2. Regardless of the number of covered "autos" (3) To the extent possible, the names and damaged or stolen, the maximum deductible addresses of any injured persons and applicable for all "loss" in any one event witnesses. caused by: b. Additionally, you and any other involved a. Theft or mischief or vandalism; or "insured" must: b. All perils, (1) Assume no obligation, make no will be equal to five times the highest payment or incur no expense without deductible applicable to any one covered our consent, except at the "insured's" "auto" on the Policy for Comprehensive or own cost. Specified Causes Of Loss Coverage. The (2) Immediately send us copies of any application of the highest deductible used to request, demand, order, notice, calculate the maximum deductible will be made summons or legal paper received regardless of which covered "autos" were concerning the claim or"suit". damaged or stolen in the"loss". Page 8 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 1120 INSURED COPY (3) Cooperate with us in the investigation or 5. Transfer Of Rights Of Recovery Against settlement of the claim or defense Others To Us against the"suit". If any person or organization to or for whom we (4) Authorize us to obtain medical records make payment under this Coverage Form has or other pertinent information. rights to recover damages from another, those (5) Submit to examination, at our expense, rights are transferred to us. That person or by physicians of our choice, as often as organization must do everything necessary to we reasonably require. secure our rights and must do nothing after "accident"or"loss"to impair them. c. If there is "loss" to a covered "auto" or its equipment, you must also do the following: B. General Conditions (1) Promptly notify the police if the covered 1. Bankruptcy "auto"or any of its equipment is stolen. Bankruptcy or insolvency of the"insured"or the (2) Take all reasonable steps to protect the "insured's" estate will not relieve us of any covered "auto" from further damage. obligations under this Coverage Form. Also keep a record of your expenses for 2. Concealment, Misrepresentation Or Fraud consideration in the settlement of the This Coverage Form is void in any case of claim. fraud by you at any time as it relates to this (3) Permit us to inspect the covered "auto" Coverage Form. It is also void if you or any and records proving the "loss" before its other "insured", at any time, intentionally repair or disposition. conceals or misrepresents a material fact (4) Agree to examinations under oath at our concerning: request and give us a signed statement a. This Coverage Form; of your answers. b. The covered "auto"; 3. Legal Action Against Us c. Your interest in the covered "auto'; or No one may bring a legal action against us d. A claim under this Coverage Form. under this Coverage Form until: 3. Liberalization a. There has been full compliance with all the terms of this Coverage Form; and If we revise this Coverage Form to provide b. Under Covered Autos Liability Coverage, more coverage without additional premium we agree in writing that the"insured" has an charge, your policy will automatically provide obligation to pay or until the amount of that the additional coverage as of the day the obligation has finally been determined by revision is effective in your state. judgment after trial. No one has the right 4. No Benefit To Bailee—Physical Damage under this Policy to bring us into an action Coverages to determine the"insured's" liability. We will not recognize any assignment or grant 4. Loss Payment—Physical Damage any coverage for the benefit of any person or Coverages organization holding, storing or transporting property for a fee regardless of any other At our option, we may: provision of this Coverage Form. a. Pay for, repair or replace damaged or 5. Other Insurance stolen property; b. Return the stolen property, at our expense. a. For any covered "auto" you own, this We will pay for any damage that results to Coverage Form provides primary the"auto"from the theft; or insurance. For any covered "auto"you don't own, the insurance provided by this c. Take all or any part of the damaged or Coverage Form is excess over any other stolen property at an agreed or appraised collectible insurance. However, while a value. covered "auto" which is a "trailer" is If we pay for the "loss", our payment will connected to another vehicle, the Covered include the applicable sales tax for the Autos Liability Coverage this Coverage damaged or stolen property. Form provides for the"trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 9 of 13 INSURED COPY (2) Primary while it is connected to a (5) Anywhere else in the world if a covered covered "auto"you own. "auto" of the private passenger type is b. For Hired Auto Physical Damage Coverage, leased, hired, rented or borrowed any covered "auto" you lease, hire, rent or without a driver for a period of 30 days borrow is deemed to be a covered "auto" or less, you own. However, any "auto" that is provided that the "insured's" responsibility to leased, hired, rented or borrowed with a pay damages is determined in a "suit" on the driver is not a covered "auto". merits, in the United States of America, the c. Regardless of the provisions of Paragraph territories and possessions of the United States a. above, this Coverage Form's Covered of America, Puerto Rico or Canada, or in a Autos Liability Coverage is primary for any settlement we agree to. liability assumed under an "insured We also cover "loss" to, or "accidents" contract". involving, a covered "auto" while being d. When this Coverage Form and any other transported between any of these places. Coverage Form or policy covers on the 8. Two Or More Coverage Forms Or Policies same basis, either excess or primary, we Issued By Us will pay only our share. Our share is the If this Coverage Form and any other Coverage proportion that the Limit of Insurance of our Form or policy issued to you by us or any Coverage Form bears to the total of the company affiliated with us applies to the same limits of all the Coverage Forms and "accident", the aggregate maximum Limit of policies covering on the same basis. Insurance under all the Coverage Forms or 6. Premium Audit policies shall not exceed the highest applicable a. The estimated premium for this Coverage Limit of Insurance under any one Coverage Form is based on the exposures you told us Form or policy. This condition does not apply to you would have when this Policy began. any Coverage Form or policy issued by us or We will compute the final premium due an affiliated company specifically to apply as when we determine your actual exposures. excess insurance over this Coverage Form. The estimated total premium will be SECTION V—DEFINITIONS credited against the final premium due and A. "Accident' includes continuous or repeated the first Named Insured will be billed for the exposure to the same conditions resulting in balance, if any. The due date for the final "bodily injury"or"property damage". premium or retrospective premium is the date shown as the due date on the bill. If B. "Auto" means: the estimated total premium exceeds the 1. A land motor vehicle, "trailer" or semitrailer final premium due, the first Named Insured designed for travel on public roads; or will get a refund. 2. Any other land vehicle that is subject to a b. If this Policy is issued for more than one compulsory or financial responsibility law or year, the premium for this Coverage Form other motor vehicle insurance law where it is will be computed annually based on our licensed or principally garaged. rates or premiums in effect at the beginning However, "auto" does not include "mobile of each year of the Policy. equipment". 7. Policy Period, Coverage Territory C. "Bodily injury" means bodily injury, sickness or Under this Coverage Form, we cover disease sustained by a person, including death "accidents"and "losses"occurring: resulting from any of these. a. During the policy period shown in the D. "Covered pollution cost or expense" means any Declarations; and cost or expense arising out of: b. Within the coverage territory. 1. Any request, demand, order or statutory or The coverage territory is: regulatory requirement that any "insured" or others test for, monitor, clean up, remove, (1) The United States of America; contain, treat, detoxify or neutralize, or in any (2) The territories and possessions of the way respond to, or assess the effects of, United States of America; "pollutants"; or (3) Puerto Rico; (4) Canada; and Page 10 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY 2. Any claim or "suit" by or on behalf of a Paragraphs b. and c. above do not apply to governmental authority for damages because "accidents" that occur away from premises of testing for, monitoring, cleaning up, owned by or rented to an"insured"with respect removing, containing, treating, detoxifying or to "pollutants" not in or upon a covered "auto" neutralizing, or in any way responding to, or if: assessing the effects of, "pollutants". (a) The "pollutants" or any property in "Covered pollution cost or expense" does not which the "pollutants" are contained include any cost or expense arising out of the are upset, overturned or damaged as actual, alleged or threatened discharge, dispersal, a result of the maintenance or use of seepage, migration, release or escape of a covered"auto"; and "pollutants": (b) The discharge, dispersal, seepage, a. That are, or that are contained in any migration, release or escape of the property that is: "pollutants" is caused directly by (1) Being transported or towed by, handled such upset, overturn or damage. or handled for movement into, onto or E. "Diminution in value" means the actual or from the covered"auto"; perceived loss in market value or resale value (2) Otherwise in the course of transit by or which results from a direct and accidental "loss". on behalf of the"insured'; or F. "Employee" includes a "leased worker". (3) Being stored, disposed of, treated or "Employee" does not include a "temporary processed in or upon the covered worker". "auto'; G. "Insured" means any person or organization b. Before the "pollutants" or any property in qualifying as an insured in the Who Is An Insured which the "pollutants" are contained are provision to the Limit applicable l coverage. Except with moved from the place where they are age accepted by the "insured" for movement afforded applies separately to each insured who is into or onto the covered "auto"; or seeking coverage or against whom a claim or c. After the "pollutants" or any property in "suit" is brought. which the "pollutants" are contained are H. "Insured contract" means: moved from the covered "auto"to the place 1. A lease of premises; where they are finally delivered, disposed of 2. A sidetrack agreement; or abandoned by the"insured". 3. Any easement or license agreement, except in Paragraph a. above does not apply to fuels, l connection with construction or demolition lubricants, fluids, exhaust gases or other similar"pollutants" that are needed for or result operations on or within 50 feet of a railroad; from the normal electrical, hydraulic or 4. An obligation, as required by ordinance, to mechanical functioning of the covered "auto" or indemnify a municipality, except in connection its parts, if: with work for a municipality; (1) The "pollutants" escape, seep, migrate 5. That part of any other contract or agreement or are discharged, dispersed or released pertaining to your business (including an directly from an "auto" part designed by indemnification of a municipality in connection its manufacturer to hold, store, receive with work performed for a municipality) under or dispose of such"pollutants'; and which you assume the tort liability of another to pay for"bodily injury"or"property damage"to a (2) The"bodily injury", "property damage"or third party or organization. Tort liability means covered pollution cost or expense a liability that would be imposed by law in the does not arise out of the operation of any equipment listed in Paragraph 6.b. absence of any contract or agreement; or or 6.c. of the definition of "mobile equipment". CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 11 of 13 INSURED COPY 6. That part of any contract or agreement entered 5. Vehicles not described in Paragraph 1., 2., 3. into, as part of your business, pertaining to the or 4. above that are not self-propelled and are rental or lease, by you or any of your maintained primarily to provide mobility to "employees", of any "auto". However, such permanently attached equipment of the contract or agreement shall not be considered following types: an "insured contract" to the extent that it a. Air compressors, pumps and generators, obligates you or any of your "employees" to includingspraying, welding, building pay for"property damage" to any "auto" rented or leased by you or any of your"employees". cleaning, geophysical exploration, lighting and well-servicing equipment; or An "insured contract" does not include that part of b. Cherry pickers and similar devices used to any contract or agreement: raise or lower workers; or a. That indemnifies a railroad for"bodily injury" 6. Vehicles not described in Paragraph 1., 2., 3. or property damage arising out of or 4. above maintained primarily for purposes construction or demolition operations, within other than the transportation of persons or 50 feet of any railroad property and cargo. However, self-propelled vehicles with affecting any railroad bridge or trestle, the following types of.permanently attached tracks, roadbeds, tunnel, underpass or equipment are not "mobile equipment" but will crossing; be considered "autos": b. That pertains to the loan, lease or rental of a. Equipment designed primarily for: an auto to you or any of your "employees", if the "auto" is loaned, leased (1) Snow removal; or rented with a driver; or (2) Road maintenance, but not construction c. That holds a person or organization or resurfacing; or engaged in the business of transporting (3) Street cleaning; property by "auto" for hire harmless for your b. Cherry pickers and similar devices mounted use of a covered auto over a route or on automobile or truck chassis and used to territory that person or organization is raise or lower workers; and authorized to serve by public authority. I. "Leased worker" means a person leased to you by c. Air compressors, pumps and generators, a labor leasing firm under an agreement between including spraying, welding, building cleaning, geophysical exploration, lighting you and the labor leasing firm to perform duties related to the conduct of your business. "Leased or well-servicing equipment. worker"does not include a"temporary worker". However, "mobile equipment" does not include J. "Loss" means direct and accidental loss or land vehicles that are subject to a compulsory or damage. financial responsibility law or other motor vehicle insurance law where it is licensed or principally K. "Mobile equipment" means any of the following garaged. Land vehicles subject to a compulsory or types of land vehicles, including any attached financial responsibility law or other motor vehicle machinery or equipment: insurance law are considered "autos". 1. Bulldozers, farm machinery, forklifts and other L. "Pollutants" means any solid, liquid, gaseous or vehicles designed for use principally off public thermal irritant or contaminant, including smoke, roads; vapor, soot, fumes, acids, alkalis, chemicals and 2. Vehicles maintained for use solely on or next to waste. Waste includes materials to be recycled, premises you own or rent; reconditioned or reclaimed. 3. Vehicles that travel on crawler treads; M. "Property damage" means damage to or loss of 4. Vehicles, whether self-propelled or not, use of tangible property. maintained primarily to provide mobility to N. "Suit" means a civil proceeding in which: permanently mounted: 1. Damages because of "bodily injury" or a. Power cranes, shovels, loaders, diggers or "property damage'; or drills; or 2. A"covered pollution cost or expense'; b. Road construction or resurfacing equipment to which this insurance applies, are alleged. such as graders, scrapers or rollers; Page 12 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY "Suit" includes: r.- O. "Temporary worker" means a person who is a. An arbitration proceeding in which such furnished to you to substitute for a permanent Ilemp o meet seasonal or short- damages or "covered pollution costs or term wo workload conditions. expenses" are claimed and to which the "insured" must submit or does submit with P. "Trailer" includes semitrailer. our consent; or Q. "Unmanned aircraft" means an aircraft that is not: b. Any other alternative dispute resolution 1. Designed; proceeding in which such damages or "covered pollution costs or expenses" are 2• Manufactured; or claimed and to which the insured submits 3. Modified after manufacture; with our consent. to be controlled directly by a person from within or on the aircraft. CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 13 of 13 INSURED COPY ATTACHMENT A CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT Page 47 of 53 CMB Approved No 1505-0271 I'Apiration Date. I 1 30;2021 U S. DEPARTMENTOF THE'I RElAStJRY CORONAVIRUS STATIT.AND LOCAL FISCAL Rf,(.,()VFR)" FtNDS Recipient.name and address DU\S Number:07.3876757 Monroe CoLuity Board of Commissioners TaNpayer Identification Nunber.596000749 1 100 Simonton Street. Roorn 2-2 13 Assisaancc,Listing Number and'I nL 21.027 Key 'Nest,Florida 33040 Sections�O02(b)and 603(b)of the Social Seftlrit.v Act(the Act)as added by section 9901 ofthe American Rescue Plan Act,Pub. 1- No. 117-2(March 11.2021)authorizes the Department of the Treasury(Treasury)to make payments to certain recipients front the Coronavirus State Fiscal Recovery Ftaid and the Gorontwirus Local Fiscal Recovery Fund. Recipients,hereby agrees,as a condition to receiving such payment from FreaSLAry,agrees to the terms attached hereto Recipient: DI,il,ll, i,n,d 1,Tn, B... Date: 2022.08.02 09:11:02 Tinia Boan -,04'00' Author ized RetiresentatiNv Signature(above 1, Authorized Representative\atnc: Tina.Wart -A.whorized Representative Fitle: Senior Director Bridget&Finance Date Srgned; Li S DepartiTtent orthe Treasllry� Authorized Repi esentalive Signature(above) Authorized Representative Naine Jacob Unbenluft Authorized Represenwfive'htle: ChiefRecovery Officer,Office ol'Reco\,cry Programs [),are Signeck May 14,2021 PAPERWORK REDUCTION r%CT NOTICE The infim a'iation collouted,volt N us d FiN the U.S GOVC'unient to p owss requests for sllp)IMI The V,6JTlated bMdeR W'MCi,,d0d With thIS WlIeCtion of uFlfff=atiOl I k t 5 MulUte.S per FeSI)OFISe CCHIM I hentS 001100FunIg the 8GGUFaWy Off thiS burden estituaw and$UggeSti(MS f(fr ie&Cing this bLH dVII!410Ll I d Iv directed to the Office of Privacy,,Trartspareiw/and Records,Departrient of the Trewwr,',1500 Pennsy Ivan hi A,e-N W-Washington,D,C 20220.DO T I OT send the 6 wl I I to okras addl oss,Ana ape I ley ma,p I ol C'm d UO(m spOl ;fiud'I]rel'.ILIT I os 11Q6 7'ee]WrQd W I V91)01 In to,as Qo I I octior I of 1111"x nuo I ion n1l IQ ss It dus p I Q Ys a va I i coutroll number assigned b',OMB. Page 48 of 53 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance.The period of performance for this award begins on the date hereof and ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024. 3.Reporting,Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. 4.Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. 5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R. §200.458,may not be paid with funding from this award. 6.Adm inistrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs. 7.Cost Sharine.Cost sharing or matching funds are not required to be provided by Recipient. 8.Conflicts of Interest.Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. 9.Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. ii. Universal Identifier and System for Award Management(SAX),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's implementing regulation at 31 C.F.R.Part 19. Page 49 of 53 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. Gove=entwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C. §§4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability; iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance, iv. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§6101 et seq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance;and v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C. §§ 12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R. §200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act. 11 Hatch Act_Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12.False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13.Publications.Any publications produced with funds from this award must display the following language:"This project[is being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14.Debts Owed the Federal Government. a. Any funds paid to Recipient(1)in excess of the amountto which Recipient is finally determined to be authorized to retain under the terms of this award;(2)that are determined by the Treasury Office of Inspector General to have been misused;or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. Page 50 of 53 15_Disclaimer_ a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. a. In accordance with 41 U.S.C. §4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress, ii. An Inspector General; iii. The Gov en-mentAccountability Office; iv. A Treasury employee responsible for contract or grant oversight or management, v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury;or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. 17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18_Reducing Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. Page 51 of 53 OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient')provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U.S.C. §2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166;directives;circulars;policies;memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,'Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs, services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit httn://www.len.aov. 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 Vl 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 T7 of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin(42 U.S.C.§2000d et seq), as implemented by the Department of the Treasury's Title ill regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title V1 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 V1 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 52 of 53 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property, 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements. S. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VT and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Tina Boan o�g�ta��Ys�gnaaevT�naBoan rlatP.-7f7J7 Oft f7J flgf]Q4 f7-f74'f70' Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of information is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB. Page 53 of 53