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FY2023 02/28/2023 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 IC. o ntracty�th- Contract 4 .................................................) ....................__._...- Tranquility Bay Beachfront Resort Effective Expiration Date: Contract Purpose/Description: smemmomm- Contract is Original A reement Contract Amendment/Extension Renewal Contract Manager: (Name) (Ext.) (Departmenti(Stop CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ (must be less than$50.000) (if multiyear agreement then requires BOCC approval.unless the Not to exceed $50,000.00 local is less dhan 111 $50,000 0'0p Budgeted?YesE] No F] Grant: $ County Match: $................................ Fund/Cost Center/Spend Category: TBD ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required, YES 6_7 NO F.] CONTRACT REVIEW Changes Date In Needed Reviewer Date In igdailly sned bhannon Wa Department Head YesE]NoF&] Shannon Weiner D baw 202ig2 12 02y 12S:37.27-OVWiner 12/2/22 ................................................................................ 0*itally sMned by Chrisitins Cory County Attorney YesE]Nolil Christina Cory ,,,,,2.22 12 02 16 19 01-0500. 12/2/22 Risk Management Yes E:]NoE] 12/5/2022 0 Dqdally signed by Julie Curift -] Julie Cune paft:2022 12 15 11 59:51 Purchasing YesE:1 N.FV -66W 12/512022 Digitaily signed by John Quinn OMB YesE]Noo John Quinn Data 202102 17 16:14 25-0500' Comments: Revised BOCC 8/17/2022 Page 85 of 106 PdONROE and DWR TrmqnMq, It. T1111 ISAIC.'HR,E IE NvIE'NiFf, is rn,afiio, wrW ndmmd MOn by ainir,]I, hetviveen IIYIAH '"FranqiI.111111ity, LLC, Mo. TranquHRy Bay RoAhmnCResud, nuthemized.to (10 hKOUS in itllhe State (herdanher rvVirrod itt) as, "FIllot,611",,dund Mainuroe Cii�.iarimy IIJOWird �.Piir cot.urrity, (BODIC),a poHHcW suNfivision oW Statiii:!'i11.4 Floirida,(11teireiroafter nelfic.,irred to as 11N'HFJt1IFASjn Ow evon ofan or vnqjor disaster, including lint ncA to slamns, nahma], arid disamars, acts or LCITUrisni or other declared State of ErnaMmmq, to County' rnIN1 rwed to runt MgMig amoamiiodaiii,:),,ns lilur ius uuua,'Nn,m,::ffrm; lNvIonroc County empOyces and IDMer awhodzed personne, �when in the Couaty purfAming unsential mrok hi order to be We to provide Clunty arvi u,) support n:,,syx)ns�,,. ,ind recovery efll'i,.)rts, and VVIAEREAS, thest,,, wc!irkcrs vvifl 1Je Va"a.1",hug thrOUr and in or near' the Counq Fmwrgcney Qpmadons einter in INIauiratll on, Florid,a, arid RIT (.XPCiCte(J, lx,) The requin,,d thr,r.)ughi,:)k,ot Vliopurf,�)c (]oura�y in order to rt�store and pmvide C%un[y scr&cs and rrovidie ffie neu%,-,ssairy responsie ari(A :iruco,vtxy servict,-s. rxn(J VIVIIIIEREA."i, fJisas1er,,,,., rniay allso incILWIC PWOCMIS UWt VdH require nowomigmgMe sheltering Ar rusWants who nmy or way not be in 111c.matt-.d,ancll under amen ail"1[1(i Tirampdllity III 11mcili Resort is a cornpany thaf, <r)perates in Marathar, rnanagas nume than 16 units in Monzoe C)oi.inty, lamn luis a,,iatie the units under its amnagomcnt exaMe dudrig prevIDUS cniergenck:s naiajor i1isasters, and/(,:ir i�!!; wilfing 4') make A unks WWI in Wfuture sf'ou(i,,J the Coum, numJ ixK)nu; for its ernergcney wworkens in the cvcnL of an emergency or rnqjor Kam, or Rx CbuNy Wknts a:and cAkr pmums Ar nan in the evennofn pondeadc, NOW "Ill"I Ill ER IF,IIF 10, in of tfw inUu.W prornises and corrtainco,d herein, fl[w parfit,,,s hereby a�R,.,!,n-,e as CrAiir)M�s: ,I J­j()tLf �V'jjf PrOV'i *oinmocliaii�k:m (Icxiging') fior (�.',,Ioumy de ac ampkUces and for aulorized Couray c mantra dorsyersonnel in Lmn)groups/phases Or disasters. Ite fint gmup W consist of CourRy erneqguncy workcr�i, designated to rernain in County' during an hxWent. Ile second ji.,?,nnup will, cfmsiM of Comy cuiptcyces Alled back u,.) work ,in the 11COUrlAy t,()P12'r-P'N'T71 cssenfia� vvolrk� in ordt-ir u,:)proVidC C,"CAU'Ry s(:,,rvices, incliuding responscr anfl! recow cry—sery ices possincidmit. food ging can reasonably be c,xpc,.,Aed tr:) txgin an (II) "rec.�v,. bel[, an inc%A and wHI currHnue Or an inde ter tninatiu perlod of [irnic,� as neiudied to per(i)nn -and piri,,ividc Clumy So-vices. in the event or a pmWemic, Comnwtor MH pmwWc accommadatilDrIS to be used by G,,)wnty residcnts and other persons Or the 'purpose of rumn cmnpmgWc &::,Aakion) slickering. Tomm(pwsts) ,wifl consist of 1l4,,,,r;ons awaiting tem re:sullts Or inkedon pamons wMing poskive Or infictioun andAor pcmans KNo arc not poMdye Nr infection but have no place to self-isolate safely, Non-congregate sheltering may coincide duri rig times of a disaster when it is also required to maintain social distance duce tag a puaundeuun iic. In the event a local state of emergency is declared, the parties shall enter into an addendu rn setting forth categories of'auuthorized personnel groups/phases for whom the accommodations will he provided„ 2? O Des'Annnnte oint...of ��"��a„i��<a Hotel and the County will each provide a Designated Point cal" --- Contact nta,ct and shall pircawride awach mhcr with ill communication methods. The. Couurng, Point of Contact will haise with the Designated Point of Contact for hotel, to provide a Lust (A room needs and room assi ;unrmeunts. Both Desi naled Voints ot•Co ntact wrvill work vAth each o?hcr to resolve any issues that arise., 10're nnn. Mis AgreAe,nc t is cllrvn:Jvc l°orru lO.'l'2 22 through '30,2 2;1 lerrm ) At the end of the lni.tial 1 ernnn, this Agrcernnent can be renewed in %writing fbr addit"onal perilods ("`Rernevva,l Tcrmrus") cif" oric (1) ;year each, saubieet two the mutual agreement o[ the parses. Monroe Couunty's performance and obligation to 1pay under this contract is contingent upon an annual appropriation by the l OCC.. 4,0 FeesInvoices., a) All Hotel rroornns will be Milled at$159.00 per might(Room/Unit Charge). b) No parking fee will be charged. c) Any personal expenses above and beyond the Rooms/Unit Charge that are incurred by individual guests (c.. ., phone charges, meals) are the strict responsibility ail' the individual gUest and must the paid for by the individual guest.. Hotel may request a personal credit card from guests upon check-inn., which shall be used to pay for individual charges, The County will only pay for ruwor ns that are utilized, up to the l .uuunnrn/1Jmit Charge. d) All cacsrrn1^°l.;runit Charges vvill be paid for by the County upon presentation of"an invoice, in accordance with the Florida Local Government Prompt Payment Fact. The invoices imust be delivered to: Monroe County Budget and Finance Department 1 100 Simonton St., Suite 2-213 Key West„ FL, 33040 . ttnn Purchasing and also e-mai led to: ONIB.-Pu rchasin r rz lw a lr ncwe :cr4niiut; 1,,.y' uubjea IAOC Invoice. for Prcocuurernenc Unit Hotel shall submit to County invoices with supporting documentation acceptable to the Clerk,, Each invoice must list the rooms covered in the invoice, dates of service, the name of the person assigned to the room, and the Room /Unit Charge. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Oeirlk's disbursal cal•luunuds. 2 c) 'rh,c,co,:[rtty is exempt from salus and use taxes. A oopy of Che tax exernption(.:,,erflficate will be provided upon Ird,quest. P) i lotO and,C,'ouMy Lksignmied iNwas or Conhwt shMl nmHuWRy agree upon as inaximurri chcdk-d:)ut date. Gumas who w1h Uj cxWnd thdr stay at the I lotiel irnay do Aso at Flotel's dicreW and Im guesk Rnmeial resources,and at Charge es1,abHsiif,.-,,d by I lotel. g) 11c madmurn amount dwt can he dwrged uinick:,�rthis Contract is 54%99190 Ih) Both partics unictiorstand Cht dwMg an err ergf.:nicy or:rn,,rrjor diswer, 'th(.', US:Irtal services and anicnitics uvaHabb nt TC am h may not be MAE, hAding power4 wMcr, wastewater, fbiod, ar-kc! iriterinict. I herek, Ws Agreemcnt covers use or the W14, wilm any expamawn urve other arnenkhmn Howeveq Flotel will usD its best unbrts to pwvWc it akirefi,.aeid ,unen h1es Wpossitde, M VHSO.-.!.[41'1!UOLVS I i 6jAWngjL Wither parly onay asAgn (voluntarily, by operation of�aw, or othermise) tl-iiis Agireicrinent (or any rights or obligations contained herein) without the Iprior written consent of the r:)th.er party, whose consent shW1 not be unreasonably MIMI& Any penAted assignee shall assurrie all! owinumm or Rs assignor under this Agreement. Any puTowd usAgnment or transfier in violation of this section shall be void. 5.2 A, recincia. This Agrcernent is the entire agreement between the parties, This Agmmnm SUpersedes all prior or contemporaneous oral or written communications, proposal% mid representations Mth respect to the su4jcct matter covered by this AgmcnwnL, Ile tanns and conditions ol"this Agreement can only be modified viaa written agrec,,irnera s�l°gned by all parties. 5 3 CQyLiyli , 11-ris Agmernm nmy be executed by the parties in x,eparate Lounterparts each (::4` whiid:h w1hen s% exe=jWd and delivered WH be an orWnW, but 01 such coianteq,iarts U.::qt-0-ter shall constitute but one and the same inmrumcm. 5-11 Nq!j�q�Ls, Any nwic, communication or payrnew required under this Agreemcnt shall be addressic�d as fiolllows�� Anoxi Contractor: M,onri,)e, County 130(',C DRI I ITanqJV--,Tf-C-,-h`j)z YancluMly Bay Beach Wart 1100 S 4riontii':iin St, Ste 2105 2600 Overseas [fighway Kt.,-,y Wo�t, Fl., 33040 Marathon, FL 33050 Atim Il irn l"hompson. ,N04) 38647S9 AM Rnman ChsteA County Administrator With Ia Cqpy to.,___ ...........................................................................I "I'l""I'll""I'll'll""I'll""I'll",Ill""I'll""Il,I ................... 5 5 &u,qhgrijy, Itch party rqpvsmm taro the oler,that executk,)!n, del i very, and Ihperfloinnancle ofthisAgreen,iiient havie been duly Mr0h()rizo(J by Ml ricc-e�,-,!sairy Ciounty anid corporate at.'tion, as requKed b) law,, 3 5--6 Pederal and State RecLt�rred Public Records and Scru Bu tinized siness Contract Clauses. ...........The clauses included in Attachment A are hereby incorporated in this Agreement. 6.0 Insig Fat nce. '.-1 6.1 Hotel shall obtain and maintain the flollowing poFcies4 A. Workers' Compensation in-�uranc.- as required by the State of' Norida, sufficient to resN)nd to Florida SzatQ.Ate 440 B. Employers Liability Insurance whh minimum Fmits of $500,000 Iper Accident, $500,000 Disease policy linnits, $50*1000 Disease ea�;h employee. CornmercW general Viabfl.L ty. , including Personal Injury Uabdity, covering c1laims for injuries to members of the public or darnage to property of others ar-,"ing out ofany covered ac or oinission of the Hotel ,,.r dny ot, its employees, agents or subcontractors or subconsuitants, including Pirernises, and/or Operations, Products and Completed Operations, Independent Contractors; Broad Fonn Property Damage and a Blanket Contractual Liability Endorsement witb $500,000 Combined Single Limit,The BOCC shall The named as Additional Insured on the(jeneral Liability policy issued to satisfy these requirements. 6.2 Hold Harmless and Indemnification. 'Notwithstanding any minimurn insurance requirements prescribed elsewhere in this Agreement, Hotel shall defend, indemnify and hold the BOCC 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(ifl)any costs or expenses that may hr. asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,or in connection with,(A)any activity ofl-lintel or any ofits employees,agents, contiractors or other invitees during the term off this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or ornission of Hotel or any of its employees,agents, sub-contractors or other invitces,or(C) [lotel's defauh in respect of any of the obligations that it undertakes under the tennis of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings., costs or expenses arise firorn the intentional or solle negligent acts or amissions on ` the BOCC or any of its employees, agents, contractors or invitees(other than 1 l[otel). 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'thc term of this Agreement or any earlier termination of this Agreement. �IN WI NIESS WIHIRECM the ptulks IN ave caumd Ods Agmcmcnit tcj� be CXCCT1Ccd tJha: riale, see Arih hchw, The pwIls hcmby agme and consent Lo Che turnis and CMdRions of' the Agreement and WdkiaowI[edgc sulch by execulng theAgrumment below, ----------------------------------------—------ fkK�fl4lrL, ryll Signature: Signalim.'ic!! Phnwd Ramm GameM Printod Un "llompsom Namm! Dkedor of' mu.ks .............. ............................. —----—--------—---—-------- Date 2.11�22 February 28, 2023 sigillielcl: ----—-----—------ Adken: I FOO Shmantan Street Address: 2610K.) Ovursluas 11 ligliway Kic m Wicsill, Fl, 3310401 Mw'afhon, IF III 330510 -------—------- ------------------- mmmm�Vi III I P)i;nloia I MangnonOWslabellaxom. .......—------- to Momm Way a Offbice Chbla Cm,Anims Commuy Anmacy ,ATTACHMENT A FEU ERAL, STATE, PVBIAC RECORDS AND SCRUTINIZED BIJSINESS CONTRAC"I' CLAUSES 1.0 Provisions Rmaired Ibi Fede at Law 2 CF 200. l..I Termination: I..I..I Terrinirra(ior! Irta. rd ua a nne The COUNTY may terminate this Agreernent for�,,onvcniencc,at any time,upon sixty (60)days wriffen notice to CONTRACTOR. If the. COUNTY terminates this agreement with the CONTP,ACTOR, COUN1 Y shall pay CON'rRAcrOR the suni due the CONTRAC fOR under this agreement prior to terffiinaflm,4, unless the cost of compleflum to the COUNTY exceeds the funds rernaining in the contract. 'rhe maxii-num arn()Unt due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the C0[)NTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach ofcontract and including the right to pursue a claim for violation of the COUN'l Y's l"alse Claims Ordinance, located at Section 2-721 et 0. of the Monroe County Code. Either party rnay cancel this Agreement without cause upon sixty (60) days' wri Uen notice of its intention to do ban to the other party; ho%ever, this provision may not be exercised during hurricane season (June I to November 30) unless both parties mutually agree to tcrrninate. in the event of termination, the County shall owe for all goods and services delivered prior to the date of termination, I 1.2 Term ination for Cause and Remedies- In the event of breach of any contract teens, the C0IJNT'Y retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) caiaidar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. Irthe breach is not cured, the Agreeirnent will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, C01JNTY shall pay CONTRACTOR the sunn due to the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining iire the contract; however, the COUNTY resmes the right to assert and seek an offset for damages caused by the breach.. The maximurn aniount 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 undcr this Agreement, including the right to sue for breach of contract and includHng the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, iocatcol at Section 2-721 et al. or the Monroe County Code., in the event that the CONITRACTOR shall be f0Und to be negligent in any 6 of serv,k.,Q, t �e COLI'41-Y SKI H�h have 91fua rig1a 1ko lierrninate thi,, agreement afier, live (5) days written notification to the ("ONT'Ri"LCTOR,. .1...........2..................... fterimination Flirqvision.s; ........... "I.................................................................................................... COT'�VURACT'10R and C'Mr,4TY agreir.,. that kfkere 'vvill The no discrimination against any persion, and iit is expressly understood that upon a detennination L)y a court of"cornpetenit Jurisdiction that discrirnination has occurred, thIls Agreement autorn,afi(,.,-,aH term It ii,tes 'Y w0u.wil any furthicraction on the part ofany party, effiective.,the date of the court order. licw,rrRACTOR or,CO1..E"4TY agrees to compty %vith all Federal and Horida statutes, and all local ordinances, as appHkr,;i1'l)h.,,, relating 'U.) nondis(,.ArrflrkaVp,.n. Thes-c incWde bul[are I yrl�,jJC VIJ ()f ],,('r not limited to: Rights Act of V964 (PL 88-352) which Ipnrunhilaiilts discrirnirkation on the basis oIl'racc, cok,:w or national origiw, 2)Title IX ofthe Education Ara endmient of 1972, as aimended (20 USC ss. 1681-H)40,and 168545PISk.5)), MlhiCh pikxahibits ffiscrimination on dke basis',aaf siexq ) :Section 51(W oftf'-uc- Rehab i ficat ion Act ul" l 973,as arrkendicd (20 ILJSC s. '794), which prohibits discrimination ori the basis of' handicaps; 4)11'he A,x [,)iscrirrlination Act Rif"1975, as ar-nended (42 USC sse 6101-6107) which prohibits discrirninatik)n on the basis of ap ge. 5) Drug Abuse Office arid Treatment Act of 1972 (Ell, 92-255), as arnended, rckatingto ni[,-,,P!iadisicrinwinr,,il[ion on fl,-1c,, bashi ordrug abus'e: 6) 'r Fhe Co!nprehensivii'll Alcckhol Abuse and Mcoloolis"'k Prevention, Treatrrient arid Rehabifitati ork Aii;i of l 9701 QT 91-616), as arniorkde(], riclating k.:ir notuJiscrimination On the basis K:)f'alcoho[ abuse or alcoholism, 7), the PlUblic 11calth Service Act ol"1912, ss. 52'-��I; sand 527 (42 iL.fS1C ss, 61901dd 3 and 290ct,;,,31), as ainended, reUfting Loconfidenti,ality and dirkq!,abuse patient records; 8) 'Htle V111 ofthe Civil Rights Aict of 1968 (42 IL.1S11C s. 36,01 o seq.), as,aniend f,,-d, riekakg to nondiscrimination in fl,iie sale, rental or Financing ir,�jrhcliasing; 9)11-kc Aracricans with Disabilities Aiot of l WE) (42 USC-'! i l 2101 as ima,y be arrkcndcd fiorn firne lean Urne, rekating to nondiscrimination on the basi!,,;of disab"Hity; 10) Mf,)nr-oe County Code- "'hapter 14, j6LrfJc1f,.- 11, vvhich proll-flbits fisf,,,,riknimktk,:)n on khe Kasi!!.,,�tffrace, color, sex., rifl6,don. rtatic)nal orkaim, ancestry, soexual orknilation, gf,',,pider idmitilly or e�'KPTCISS,Wil, fillynilial status or-age; I I) Any other m.ni,discriinhwation provisions in any Federal or state SWUW.Swhich rnay appiy to the panics to, or the subject rnattcr of, 1Jfk ,AgreernrnL L)uring the performance. of this Agreement, the (70 'RAC FOR, in acci,,.)rdancc vvitl,r f,,qual Opportrenilly(30 Fed. Reg, l 23 19, 12935, 3 CT'K Part, 1964,1965 Corrip., p. 3319), as amended by.l[`.�-,icixuflve Order f 1375,Ainen(fiykg k"irecunve Order 112,46 Rehaing to Plyteal&np1q'Ynn,.,nt Qpp.,)rluniry, airic"I implerrIc-riting regkkhaflons at 41CJP,R, Part (10 (Of we Fe-deral Omtract Cotnpfizknix Priogir-knTus,, Fqual Ek,npk)ynwcnt Opporturky, lXpai-,, rant of Labor) See 2 C.F.R.. Part 200, A,,pppendix, ll.,'T C, agrees ;,as 0,.)Hovv,,;: I) The coraractor INM not discrirniiriatf,- agai'inst any crnl!nIoyeir or appflicant ['or lurrOoYni,ent bcicause Of race, eokjr-, religion, sex, sexkial nderttatii�nn, gender identhy,or nattional The contractorvvill take afl-m-native acti(,.)n to tIrIsLMI.1, that uppkaIints are ervkpk.nyetl, and that i�rnpllcyees aire treated dUring exual r cirnp lo,yrrle,III k, vvith,�.)ut regard to their ra,cc, ccIoir, rchgk3n, sex, 7 orientation, gender identity, or national origin. Such action shall include, but riot be limited to the following: Employment. upgrading,dernotion,or transfer, recruitment or recruitment advertising, layo"I'for termination; rates of pay or other forms or 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 cowraeflng officer setting forth the provisions of this nond iscrn-n inw,ion clause. 2) C'he cove Tact nor will, in all solicitations or ad%ertisements for employces placed by or on bch�ila`o� the contractor, state that all qualified applicants will rcceivz,,. cons kderadon For employment widiout regard to race, color, rcligion, sex, ,;e�wal orientation, gender Acntky,or nadonal origin, 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant forcmployirnent because such employee or applicant has inquired about, discussed, ot, disclosed the compensation of the employee or applicant or another employee or appHcant.'"rhis provision shall riot apply 10 instances in which an employee who has access to the compensation infunnation of other employees or applicants as a part or 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 condwed by the erriployer, or is consistent with the contractor's legal duty to farnish information. 4) 1"he 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 11.246 of September 24, 1965, and shall post copies of the notice in conspicuous places availaWc to cirnployees 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 pennit access to his books, records, and accounts by the contracting agency and the Secretary of I..,abor 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 8 IL111aiuses of fl,iik cf.::ririimlct or %vfth any of"sucl-ii riales, regulIaticmns, or orders, this contrao may be cainicided, ilerminated cv rao;pcindecl in w1lic)[c or in part ancl dic conllrac:tor irmay be dWaircd incligibIlc for fi,irthcr Govemiment c.,.cmtrads in accorctance With r,niroir��edures;auitliom,-ized in Executive Dirder I V 246 of"Sc.pteirritIlvir 2-4, 'd 965, airid mgicln c)ffier sanctions rna,ly be iirnjpo;ed and ircimwcfies 111rivoked as provk,fed in Exct,�:ajiiflvc Order 11246 of Septiimber 24, q 96:5, or by ruh,, rcg:L111I1afi(,.)n, or orcIlcr offfm Sccrcilwy or as ofll-iierwisc lFrovided by hvw, 8) The C,(,,)ntractor will hichicle the poirtion (,:)Fthc sentence immediatelly prcci,.-ding paragiraphi (1) and the prmdsions of pairagraphs (1) Chircmigh (7) in eveiry subcontract or pii,irrchasx order urdess excimpted by rules, regidatifmis, u:)r orders or tiic Secrotar y of' Labor iswed pursi,iiant to sc,,cl,ir in 204 of' Lit ive Onrjcrr 11246 op"Septernbeir 24, 1965,sothat suchi prc),w isions,lvdl be binding upoin cadh siubcoram,.I,tor or vendc)r. The will takc such ac6on with[ ric.,swu to any sul.x..ontraii,11 cm, purchase orcleir us thi,; administering agcncy may diircxt as an mearis or enWeiing suclh. provisions, incd:uding swrct ions for, nc:wii-compfiancln; ar-ovided, hovvever, that in the event at contractor becomes hvv(,Avf,.,,,d firp, or is iftm'.actied %vfth, IR ig-riation �,,viith a Yubcontractor or vendor as a resu It c.,i IF such dirc-,clit,mi by Ilhc adm[inktcriirig agency 'rhe contractor may reciii,iies'l i1ic United SlMtc,�s lo cmb,'T intO SLh,,;h Hfigafiort to pircitccL thc inteirests c&thc ILfnnn1tu.ri Statclls. 110"PIRlE141,1. FEIIE)EIRAL 111CONTRAiiiCT IWIV'Ijf' 111.1.11 IHILEME NITS d ftS SUbcomracu.mrs irnus,( fbilowti,iie. provisionis, asiapplicalble, arns scit Cnrtl i iiim /'u.ppendbc 11 to f R,. Pan. 200, as arneirided, �ncludiqg bUt not Nmiiwd to, S� fevv Standards A (40 USk'. 371)f-3708'. W'here A . CoMmaigit, Work. l lours, and zsaili,�,vv zmaridards Act ............11 1 11.1........................ applicalbk,, vvhich iric kides all FEIMA grant and cooperative-agirex,,rillent progralMrs, a111 coyitraOs awarded Iby tlhc; C101.1i'41"Y in ext-ass(A'S]00,00() that involve tht, emp III,.)yirrwn I of"imechanic.s or IiAborcxs must comply will-I 40 1J.S.1C.,§§ .3702 and 37104, as supP4,:,.mcia1c.A by III artment ofl.,abcw rvgialafions 1(29 CA',"R Pan 5). Under 40 U.&if,". §3702 of the Af,.,t,, cach i,.lowractor imu.sit c:ornpLAc, thic ,vagcS ofeverY micchanic;,,iind laborc.,;r cmii the bask faf a Starliclarci Id�voil`kr week of 40 houm, "Y'Vork iri, exce,..;s ofthe standard work, wc,"ClIk'. is peirm iiss�iblc pro vide d 111hat the vvcwker is compensated at as raiie of not less than a:lrinc, alld as hatrilimes the basic rate ofpay k)rall in excessof'40 hours in thew week. 'Iffic requir-ernenas of'40 (.J,S,C,. 3704 are applicable tf,.) c.onsu"ixtion 1,vork and 1provide,tlmt no laborer or mecl-minic must be require-d to work in suiriamndings o'r annnder workhrig WIT L1111sanilrairy, hazardous or dangerous. 'I'hese rcquiirc�irneints da not app[y to Iffie, purchases of' suppfics or rn,,vwiriaki or articles ordin-arilY avaikible ton the apen rnairkiet, c)r contri,racts fi,:)ir transportation or lransrn issi,lan crf initelligeirilm Cmian e, Cl I oplce vvith the, lWork I knirs.and Saficvv St-,'imdards Act, (),' er6ixie cqu1rc:aiicrias., Nc� ccmitiractor ,.)ir sii,nbcointrat;,toir canbractAing 9 fair 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(tarty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halffirries the basic rate of pay for all hours worked in excess of forty hours in such -workweek... (2) 'Violation; liability for unpaid wages,- liquidated darnages. In the event of' any violatien of the clause set lbrth in paragraph 29 C.F.R. § 5.5(b)"I) the conlractor and any stibcontracior responsible therefor shall be liable l'or the unpaid wages. hi acidifion, such contractor r and subcontractor shall be liabie to the United States(in the case of-work done under contract for the District c COUn6a or a territory, to such District or to such territory), for-liquidated dalnagCS Such liquildate,c] damage^s dull be computed with respect to each individual laborer or mechanic. including watchmen and guards, ernploycd in violation of the cf.ause set forth in paragraph 29 C.F.R. § 5.5 (b)(l), in the surn of$27 ror 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 requ.i I red by the clause set forth in paragraph 29 (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon, ils own action or upon written request of an authorized representative of the Deparvnent 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 saine 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 ol'such contractor or subcontractor for unpaid wages and liquidated damagios as provided in the chcvuse set forth in paragraph 29 CYK § 5.5 (b)(2). (4) Subcontracts, rhe contracti(,.)ir or subcontractor shall insert in any subcontir,acts the clauses set forth in paragraph 29 CY.R § 5,5 (b)(1) through (4)and also a clause requiring 11he subcontractors to include these clauses in any lower tier subcontracts. I he pri[Tic coritrai,.,Aor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 CYR. § 5_5 (I) through (4). B, nt, '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 fimi 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 rnuM comply with the requirements of'37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Synall Business Fining Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 10 C. Clean Air Act(42 U S.0 74 0 1 767 1 q-) �,qd,Lhg k`c eral Water N.Mution ControllAct oraar agrees to comply with alli applicable standards, , S' C`- l 2,-51 i-1' 7' 'C''—,,,,ntr.................cti............... orders or regulations issued puin,-mant u) the Clean Air Act, as arrientled (42 Lf,S.C. §§74011­7671q) and the Federal Water Pollution Control Act, as arneirided (33 U. S.C. §§l 251-1387)and will relpork violations to FE'MA/Fe-derall Agenr,.,y and the appropriate IRLegionall Office of the F',n vironivnen tall Protection Agency (11',1111A). I'he Cr"lean Air Act (42 U.S.C., 740 1-7671af)and the Federal Water-Pollution Controll Act (33 tJ,S.( 1251-1387), as in—we en[ded applies tee Contracts avid subgrants o�'arnounts in excess of$I 50,000 11 lie contractor agrees tc) inellude these requireimenis in each sul.)COntract exccectkig S i 50,000 firmanced in whole or limn part with Fe&4 assistaiiiCe p#-(.:)vide(,:i by FFMA/�l,tderial agency. I'he contractor agrees to report each vi(.flatkni to. tfile CCAJ1,41Y and mndei stlands and agrees that the COU"If d'Y w0ll, in tum, report eaell'i viollation as re(1nired tio assure nodfic.ation to PT'."MA/Federal Agency and the approprhme EPA Regioinal Office. D, Debarment amet Romiriie.in (E ageutivc Orders 12,E 41.) A cfmitract award undera"covered transaak.mr-C' (,,,;ee 2 CFR 180.220) must #u:pt be unmade to pafties listed on the governmentwide rX.ClUsions in the ystern, for Awanl Managerttent (SAM), in am,:)rdance with t1he OM13 guidelines at 2 CRIZ, Ulart 180 that impicn-kent Executive Orders 12549(3 pairt 1986 C'ornlp- p. I 89)and 121.689 (3 Cl,P;, pan 1989 Colnp.,, p.. 23),"Debannent and Suspension"and the Departrnent f,,,:)f Homelland Security's regulations at 2 C.F.R, Pam.3000 (Nonprocurernem Debament and sivispension) SAM ['Nclusions contains tl,w names of parties d:charred, suspended, or olherwiw excluded by ageincies, as well as parfie.s declared ineligible under statutory or regulatory authority other than Lxecudve Order 12549. SAM exclusions can be acccssa..Illd it www.sarn,gov. Contractor i�,, irequuira d verily that none of fl'w contractor"s pdncif.mls (defined at 2 C.F.R. §l80.93)or its affiliates (defined at C.F.R. §180.905) are exciuded (defined at 2 CYR. § 80.940)or disquallifiefd(i,,kfined at.2 CYJR, §I 80.9'3 5)., the ciontractor [nust ccimply with 2 C. `..R pt. 180, C and 2 C.FJIZ� pt, 3000, sialinart C. and must include a requ.i I rernent to conriply with these regulation.s in any lower tier covered transacl.ion it enteIrs into, fhis certification is as material reprt',senta6un of fact relk.-,cl upon by the, ux..j3si,re. irit ii:s later detennined That the contractor&I snot r,.ovnply with 2 C.F.R- pt., 180, subpart C and 2 CJ-%'R. pt, 3000, subpart C, in additiorii to reirriedies available to the Cojjr,l^'[,I,Y. the Federal Governmeria may pursue available rernedk.,-,s, including but not HnnitcA tey suspension and/or deb,,rurimea Bidders or Propos',c-r's agree to comply wO the requirenu.-inr, of 2 C-I'R, pL l 80, suhpart C and 2 C I`.lk pit.. 3000, subpart C whiie this(affer its valid and throtighout the period f,)fany contract that may arke flrorn this offR.-r. The Bidder or Proposer further agrees,to inch.,Lde a provision requdring such conapl iance in 4s llowem',Oer cx�)verclld tiransaf,;tiomis. E, 111rd A 352) , Contractors that a1pply or bid for J! !.,1 5 an award em-m.fing $100,000 must the required c;cirtificaflon. Fach tier certifies to the tier abcwe that it wifl not and has not used Federal appropriated Funds Lo pay any person or organization Far rintluencing or attempting to influence, an officer or I I tN employee of'any agency, a member of Congress, officer or employee of Congress, oir an employee of"a member or Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U .0 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 Lip to the recipient who in turn will forward the certification(s) to the awarding agcncy. If award exceeds $100,000, the attached certification must be signed and submirted b,,v the contrdCtor to 1-w COLPNTY) F. CoMp hLno��-kitt FIC�jckuNmesit of recovered inaterials as set forth in 2 Q. 200.327. CONTRACTOR must comply with section 6002 of time Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requircinews of Section 6002 include procuring oifly items designalcd in guidefincs of the Enviffmrriental Protection Agency (EPA)at 40 CU'll pad 247 that contain the highest percentage of recovered inaterials practicable, consistent with maintaining as satisfactory level of competition, where the purchase price ofthe item exceeds$10,000 or the value of the quantity acquh-ed during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manneir that maxi mites energy and resource recovery; and establishing an afflinnative procurement prograim for procurement of recovered materials identified in the EIFIA guidelines. In the perflorniance of this contract, the Contractor shall make maxirnmr use ofpro.ducts containing recovered rnaterials that are EPA-designated items unless the product cannot be acquired I. Competitively within as flinefranie providing lbr cornphance w4h the contract performance schedule, 2. Meefing contract pertbrniance requirements; or 1 At a reasonable price, Inl'birmation about this requirernent, along with the list ofEPA-designated sterns, is available at FYA's Cornprehensive Procurement Guidefiries web site, littps://ww%N,.epa.gov/s#nm/coiinpirehen'siVCPR�(ICL!ireiiileiit.-giiideliiiie--cpg-I)rogi-arii. The Contractor also agrees to comp fly with all'i other applicable requirements of Section 6002 olthe Solid Waste Disposal Act. G. Americans with Disabilities Act-of J.2.90 -as amended DA "Dime CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal govemment issued thereunder, and the assurance by the CONTRAUIUR pursuant thereto. It Disadvantaged Business En!qMLrise JQ. BF,)j!pjjqy n - It is the policy of the COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the Opportunity to participate in the perffirmaricc of contracts financed in -whole or in part with COUNTY fu nds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to diis Agreement.The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the perlbrmarice of this Agreement. In this regard, all recipients and contractors shall take 12 aUl necessaqv arml ricasonabte stcps A accordance with 2 1 § 2100-32 1(as set t'Orth in delai� bclokv), applh.-able ['�xh:ral and state Laws anid 110 C11SU11-e thal Itlpme DBE's Ihave Ithe uppommdty to omRpMe lbr and paRmn cantmm W UX.J11141-Y and the C(X9TRAA:1UR: and subcomms shW1 not dicHmInatic on the Ws of" race, color, niathmnM odWn or sex in the award and per1k.)mmiritx entereA �pursmant to this Agreement, 2 !,.iJ LL S U�ll E S.S.B55., gmll`'NIIIS[ILLS,i.N.I.Si LEL'i PR US)F'S t, ' I fflR :.......................... ...... U l?,EL U S A gLA11,UIRVINQ S i r we CONTRACTOR, With the Furids authorIzeid by this Agrec micml:, slecksto subcoraract gooids orservAq dc, in mmorcimme whh 2 CXJL §ZN.32 1, Vie COINTRACTOR.shaN We Me Wowing a ffi rmi at p vie 511r0 P!-.a!110 i that miiniority,btisirtesses, immmen's bmirmss emm7riw%and Wbm suTWs ema finns kam, Useld b. ARInmativestiqpsmustinclude: PNQg qmhHed mnaU and irdinority busine,,-s erarerprisi(°s 0.:xnscd icitat ion Fists; (2.,) Assuriing,tfiat smalland iniirvx-ity busheas emprislas airsolkited whenever they are potential, sources; (3) Wn sirruflileir tasks irar qoain61Af,.-s tr,.)pem-nit rnammuni parficipatiort by snlzd arld min ority,lnisiniesse�s, laalnd wotne,`nl's cinterpirises; (4) WbUing dirlivezy schiedUlIVS, jjgm.jj,whictii encommgc pankipalm by smalland minoirdy ,i women's busine ss enterprisets; 0) 1 IQ dw savicies and k.)f.'!U11(h organimions as the Snmll %dams Admilistratkm and the Wnmty BuMmms Development Agency i Depa rtij'n e I'll t i cmnrnam:-,,. (6) 13,eqlu�riing thic Prime omammr, W subimmiractors mv U) be llet, u.) it,,.fke dhe affirrnativic steps listed in pziragral::6 (1) through (5) of His seakyn. ........... Ej ry Reghnilng JmuKy 1, 202[ Fri with IF,,S 448,,0195, the Contramor and an), subcoraracum shall rgister wit and AA uAke Ow LES, Depi,iii ol'i 11oinelmd Securky's E-Veriji syston tovicmiry Ithe work mithorkaWn status of all Irmrmw emphyms Rod by tha Contractor duirhqy thie teirrn ofihe i , L r".rl c amd 9thW1 empmssV requke any subonmumms perhmning wark or RmvW&g sm%cs PUt'S"Alarlit to the ciontracL to likienvise utilize thc IJ,S, of1lomeland Sectuly's E-VcIra !systena tovcrif�,y d'!W Vii'l0irk aWhiir'n'�lzafion StERUS, i nc:%% emphymm hkmi by thic subcontractor dud ng the 10a:,,aitrac[ lc;rrn Anysubcordractor WN provide an =adt AmWg that the sibcon'o-aicitor doie,,, n(,!4 i1riniploy, icontrivact %w ith, i subcontraict %vMh an urmulhodkod allaL The Cummm WN cimpoy m4th and !be subject 'to the p:iirovisions of'RS 448,1095, 13 'fr, 1 Energy Efficiency- 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 tile state Energy Conservation Plan adopted pursuant thereto, K. Access to Records - Contractor and their succes3ors, transferees, assignees,, and subcor lractors ackno%vledge and agree to comply i%uh applicable prov" sions governing the Departmem ofHoyneland Security(DI IS)and the Federal Elmergency Management Agency's (.11i' IA)access to records, aCCOUTAS, dOCU117ients, infornation, faci litics, and staff Contractors rnust,- I. Cooperate w th any Lomllifliance rcvicw ol complaint invc�snLW ion conducted by DHS,2, Givie D+IS, access to and the tight to exarninie and copy reclords,accounts, atud other docurnk;niis and sources of infibrmatio,n related to i.hu grant and permit access to facilities, personnel, and other individuais and infiormation as may be necessary, as required by DI.-IS regulations and other applicable laws or program guidance, 3. Submit timely, complete, arid accurate reports to the appropriate DHS officials and maintain appropriate 'backup documentation to support the reports. L DLIS SealLogo and Flags-Contractor shall not use the Department or Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. M. Q Lhan ics to Contract-The Contractor understands and agrees that any cost resulting froin 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 rnust be approved in writing by both the COUNTY and Contractor. N. Maintenance of Records CONTRACTOR shall maintain all books, records,,and documents directly pertinent to perf.brmance tinder this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agrcerrient or for as period of five-y cars rrorn the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records ofeach other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. 11'an auditor employed by the COUN I'Y orClerk 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. 55.01 of the Florida Statutes, running from the date the monies were paid by the COUNTY. 14 0. Proll-idbitkm cm certain and video suirvefli,,mice s(..,rviict.�Sor equipmem assei fomJ-i. in 2 CTR § 200.216. Recipients and subrecipiegusand their conUuct.ors aiDd ,siLibccilirntrqicr�,,)rs maY noi obligate suer expend any R.-deral funds to ('I) Procure or obLahn; (2) I.."n.nrid or rent-w as corkMact to promire or obu,,,6iny or`(3) Enter invj as contract (or, uxunfl or reiriew as contract) lo prociuin.,,,o,r(..4)ta4-1 equipment, wirvicf,,-s, or s'ystc',rns, that, uscs covered uqt6prneira(w servict-,s- as as substantial or essential u)rnponent ofan.Y systein, or;as critical techiricdiogy as Ipaart. ol, any sym�em. As described in P�,iNic Lzvv l 15-232, secifion, 889, Lei ecomintulications equJilpment is equipment produced by Huawei Tc,clhnologies Company or Z"l F' Coirporatkan (or any subs'4ary or a0li liate or MAC,lh emi:ks)., (i) .11-'or the Ipuuu1pruse of jpubk sallety,, secuirity cal`'governw-ru,,11int fiicifitk s, physicai scon-ity suriveMance of criflcal infirasffi.ichare, and mher natiov-W sccuirk.),, piarposes, Video survrci I lance sand te nrii rrt un i cat if.:)ris ir,.qiuiljpment pnoduced by I lytera lcatic:ans Corporador, I[ari[phou lfikvision Digital "I't."chinclog C ornparky, cw I ly Company (orawy subsidiary or affifiate of'such enIiuies), or video surveiflam.,e sr,,,,r1nu.,.,,s Iprrrnwiided Iby such enflfi,m or using suich (Hi),'If�eiL�,oiriiirriLtnic,nLioiis or video s%,w, eillance equipirnent orsurvices Iprrndu(,,;cd or, provided by an nnnaq.ity fl,iat 1he Sccn,,,^ awry r of Defense, in conmflt,,,Oioro wiO,ii Ou'll, Nrector OftIie N'laflonal [rat"lligenice 01'the Direu or IF 111he Federal BUMUILr �W'Inviustigwion, reasonably believes to be an cmity owned n.)r c,,xiimu.-.,illed by, or curmected u.), bile a covered fioreigfl COLHAF Y., P. Dornesfif. pirt,41crence fbr 1pu,oc urements as set forth in 2 11CF4r, §200.322 rl'he COLE"41T and U)NI IRAC."FOR sl,i[ould, m the girem exwnt practicable, provide as prelcrence slim, Ow put-chase, acquisition, or tise Mgoods, products, or Tnau:xials fwoducexl ini the United States (inclt#ding lmx not, linaitcd [o iron, ahuninurn, sweI, urneria., ,ind other mairm Cactu red pirodm,,ts). These requiii-fC.irnents of thf s section must be, inclu,ded iin afl siaba,"w.,wids inckiiding coiaracts ancl j,,)urcf,!ms1c, orders ficn-work. or products uinde,ir fcdu-irall wwarid. For PLIT1,30SCS OR.. is SCCfi0K'C: 0l) "Produced in the Uri[ke(d State�s" nneans, Ibir firc-)n and meet jpnoducts, tfuat all manialk,ouring processes, Eirom the irikiial mehing stage Lhrough ffte appik.,".ation of co-,ralfirigs, occurn,"Id fin the tfia4ed (2)"'VI[anufiac:,.1u red products"mmins, it erns and construction rrnaterhails cc:)tirtpwwd ini ,imholc or, iri 1part c:)fm,,)n-fi,,,,�rrous metals much ,as aluminurn; plastics ancl polyriner-based produas such as polv,Onyl chloirifle pipe, aggregatP-s such as concirew; glass, including, talptical fiber, and, lumber. Q C.'ornpliance Akh Federal L,w,%i, Regiu,fllafiorils., and IFIxecutive Onlers. This is an ackin[cmdedgemeng.that FIRMA finair-ii6al assistaince rnaY be used to fuind all or at porOon ofthe clointract, The cowractor,wflll cornply will all applicable fir,deral law, regialafions, executive nrdlii,.,Y-s, FFI'Dd/k pf,:)licies, pro(.,,,edures, and directives. R. No 01-:ifigaLiurt by F't-,deral Ciovernment. Thic Federal Govt-rnmeru i.s ni,:atr a pMy to thk 15 cori and is not subJect do any obligatioi[is or liabilities to the COUNTY"'non- Federal entity, contractor,or any other party pertaining to any matter resulting front the contract. S., Program Fraud anid l'alse or Fraudulent Statements or Related Acts.The contractor acknowledgic%! 1hat 31 I,J-S.C,. Chap.38 (Administrative Remedies for False Claims and Sweniems) appFC9 io thu. cinntraii;',,tcaes act a i pler-taining to this cmrac',. 1.4 Florida Division of"ItnergS &lj,9iremcnt%: ............................. ...................1-.................... . ... A. The,Ciuntraictoi �is hoLund by' my terrins arid,conditiorls cffd�iic I'edcWi,,,A-und,,d Subaward arid (.3invit 2%,,?,re-ieiinerA behve,,m Divisie:,,n of E"mergeiricy Man,,°,gzemcrrt. B. The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's perfon-nance of work under this Agreement, to the extent allowed and required by law. 11,51.—.-Florida Public Records Re uirements: Pursuant to FS, 119.0701 and the terms and conditions of this contract, 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 exerript or confidential and exempt from public r"ords disclosure requirements are riot disclosed except as authorized by law for tile duration of the contract to and following completion of the contract if the Hotel 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 Hotel or keep and maintain public records that would be required by the County to perform the service. I r the Hotel transfers all public records to the County upon completion of the contract, the Hotel shall destroy arty duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Hotel keeps and maintains public records upon completion oft e contract, the Hotel shall meet all applicable requirements for retaining public records. All records stored elcictrionicallymust 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 thee County does riot possess the requested records, 16 N! iil the County ratty shall irmmrrncdiart:cly notify ttlnc Hotel of the request, and the Hotel must provide the records to the County ratty or allow the records to be inspected or copied within au reasonable time, if the Hotel dens not coranply with the C ouurnty's request for records, the C;uarurrtty shall enforce the public records contract provisions an accordance with the contract, notwithstanding the C;o untt,y''s opttion and right to unilaterally cancel this contract upon violation of this provision by the Flotel. A Flottel who faaills to provide the public records to the Courrntty or pursuant to a valid public records request within a reasonable tirmne rrray be suulb ect to pernaltics under section 1 Il9.10, Florida Statutes. The Hotel shall not transfer custody, release, alter, destroy or otherwise dispose ol` any public records urrnicss or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR C"l"O HAS QUESTIONS REGARDING" THE APPLICATION OF CHAPTER 119, FLORIDA S d 'd'1ITES,,r0 TILE CONTRACTOR'S lJTY TO PROVIDE PUBLIC RECORDS RFLATING TO THIS CONTRACT, CONTACT THE CUSTODIAN ODI OF d"Cld .d...1Cw` RECORDS,DS, d d BRAD LEY T �°��CdN 30 2 2® 4°7l1 ', j w V, MOdNROE COUNTY ATTORNEY'S OFFICE 111.1 12TI1 Street, SUITE Old , KEY EST, FL 33040. L6 Scrutinized lduasin s,scsv 1 or Contracts ntraactts oraarny amount, if the County de$tt. rrrnirnes that the Contractor has submitted a lhlse certification under Sca:6on. 2 7.13.5(5),, Florida Statutes or has been placed on the Scruuttirui/eFd Companies r.IPaatt Boycott Israel list, or is engaged in a boycott of lsracl, the County shall have the option of (1) terminating the Agreement allu°ir it has given the Contractor written notice and an opportunity to demonstrate the agency's dcttcrminaation ot' false certification was in rroir pursuant to Section 287,135(.5)(ra), Florida Stattuieei„ or (2) maintaining ttlnc Agreement if the conditions of Secttion 2 7,135(4), F°J..rrida Statutes, are met, 1w7 e uire d CountIIloirra�m,su „ Public Enti Criraac tt rru tt, In accordance with F.S. 2 T 133, A person or affiliate who has been placed on the convicted vendor list flollowing as conviction for puublic entity crime may not submit a bird., proposal.,or reply on a contract to provide any mends or services to a Ipublic entity, may not submit as laid,proposal, or repiy on as contract with a purblic entity for the construction or repair of a puablir; building or public work, may no submit binds on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, saabcontractcrr,, r::mr°consultant under-a contract with any public entky, and may not transact busiirtie,P,us with any public entity in excess eaf° he ttlmrc hold amount provided in Section 287.017, for CA°l'EGORY TWO fi:.:r as period of 36 month; lre°o mn the date u fbeiung placed on the convicted vendor lm;tit l7 B., Ethics Clause. In accordance with Section 5 (b) Moc onr Couray Ordinanc�.,.- No. 010. J'9"90-Contractor warrants that it had ri[ot employed, retained or otherwise had act on it-s behalf"any founer County officer or ernployee sufr.)ject to the prohibition of IScuion 2 of"Ordinanice Nlo., 010-49190 or any County officm-oir employee in violation of Section 3 of Ordinance No, 0.20-1.990. For I-weach or violation of this provision the County may, in its di:!;crefion, tenninate this contract without HaMity and may also, in its discretion, dedUCt from the contract or purchase price, or otherwise recover the full aMO%rjtIt of anN fee, conimission, percentage,, gift. or consideration 1paid to the fi-.)rmtrr CouW..y officer or ernployce. C l'inec(,,,ntiractor shall prow iet,hetiovt-collusioiri urfification. D:� MrIJ&Fr°r. Worh,, flace: I he cornractor shal I include an executed "Druip 'tee WorkpIlace" f�.)rm, PUBLIC ENTITYCRUMESTATEMENT" 'A person or affiliate who has been placed on the convicted vendor list f0owing a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a dud on a contract with a public entity for the construction or repair of public building or public work, may not subimlt bids on leases of reap property to public entity, may not be awarded or perform work as a contractor, supplier,,, subcontractor,or CONTRACTOR under contract with any public entity, and may not transact business with any public entity in excess of the threshold aniount provided in Section 2 T,017, for CATEGORY 'TWO for a period of 36 rnonths from the date of being placed l Ilm the coriivict d vendor ist." l have read the above and state that neither I���ranq��`�uiry lBay r�rr"r9��wrII!.. (Respoin�ii:�uurr " name) my Aff�Ute has been placed om the r,ominll t d. , d . t ,t i w..„.m.m.�..�...... r r u. rro rwu�r .� r�drnr IIiC wwaipllYril�ru tlh past 36 rrntsntllh 11 a' �rtuu� ....��w�" ...... ,. .._ ........ _v v....... _........_.._ .... �11 r ) Date 1 /1Il : 'rA,rE OR Florid COUNTY OF Monroe Subscribed and sworn to ( r ffffirrrw d) before rnu . by meanie of, physical presence or W..J online notarization, on I 1210112022 . .... (lots) by .la,s,myrr p pol m es (name of ffiant), HeIShe is rsonall known to me or has produced Drry r" License H452433816050 (type of id rutiffi abon) as identification. ,�ir��"�'um,�m ��� r;'ruarw�runr� r roan nnwlur " r, �rnuuv� �rcu'uoa.�u +" r"rir''� IlyComw,Yrnsbrt:ll':�:Xpirs, l � . 4 ,/ d SWORNTAT I IT UNDER Its CIS NO, 010-1990 MONROE COUNTY, FLORIDA EI-l...Ill CLAUSE "rran us��V� �� I���chrront Resod _µ. .........._..., ...... ... ........... (Company) A„ ..warrants that he/it has not empbyedl, retained or otherwise had act on his/her behalf any former County officer or ernpioyee in vid do n of Section 2 of Ordinance o, 010-1990 or any County officer or employee in viollation of Section 3 of Ordinance No 010­1990, For Ill or violation of this provision the Counly may, in its discretion., terry4nate this Agreement without liability and may also, in its discretion„deduct from the Agreement or purchase price, or otherwise recover, the full srruount of any fee, c rrurrnissiion1l percentage, gift„ or co nsid r flora paid to the former County officer r or employee," nature, Date. 1 11/2 ..... ....................................................... STATE 011 Florida COUNTY OR Monroe Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 0 online notarization, ol.. date y s (name i 1I lie[iulllie its I4roosrun"aHy Vrururwin to rrro ou 9Iias ploducod �. ., Driver"s ucense H45243381 050 (type of identification) as iiirntificntil.. FiunY(011MINIC�MrlOir 4111lrllQ1155U %OPIA'610, II an Ilmuuym � �d y ComrnlssVon Expires: 01(2812026 NIGN-COLLUSIGN AFFIDAVIT asmyn Haimes ................................. of the city of Marathon accwdr,ig to law on my of perjury, depose and say tin a t a, i am �ww— of the firm of rran roust Bav BeachFront Resod making the Proposal for the project described herein and that I executed the sa-d proposal with full authority to do soo b the prices in this bid/proposaVoffer have been arrived at independenty without Collusion, consuftafior,a, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Uidder1respondent or with any compefitor" c. unless otherwise required by Ilaw, the prices wNch have been quoted in this bid/proposal/offer and (if applicable) have not been knowingly disclosed by the bidder/respondent and will riot knowingly be disclosed by the bidderiproposal prior to bid opening, directly or indirectly,, to any other bidder/respondent of to any competitor; and d no attempt has been made or wifi be rnade by Hie &dder/respondent to induce any other person, partnership or corporation to subrnit, or not to submA, as bld/proposal for the purpose of Ili stricting coiri,ipetitioilill e the statements contained iin this affidavit are true and correct, and made with full knowledge that Mirinirae Counity ir(:,flies upon the truth of the statements coot alrrod iin V*s affidavit in awaiii ding contiracts for said project. (S ig ture)z Date 1211/22 .................................................................... Srl ATE OF: Florida COUNTY OF-- Monroe Subscribed and swom to(or affirmed) before rrne, by means of 0 physic al presence or 0 o0ne notarizabon, on 1210,112022 (date) byJgTyg Holmes (narrie of affiant). He/She is Ipersona,ily known to me or has prodUced Drivier's License H452433816050 .......... (type of identification) as identifi-,ation �"kO"'y NOTAIRY PUBLIC 2 1 V Y y Commission Expires: DRUG-FREE "I°'he undersigned vendor in accorda;',anms with Floridato ute 2 7.087 hereby certifies that: T n y�oR . a Rinort (Name of Business) 1 Publish a statement notifying ployees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying tha actions that ill be taken against employees for violations of such prohibition- 2 i,nforrn employees about the dangers of drugabuse in the workplace, thebusiness' policy of maintaining a rug-free workplace, any available drug counseling, rehabilitation, an employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3 Give each employee engaged in providingthe commodities or contractual services that are under bid a copy oft 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 commod1ies 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 lea of guilty or polo conten ere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the Ll0ecl States or any state, for a violation occurring in the workp,ace 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, or any employee who is so convicts Make oo faith effort to continue to maintain a drug-free workplace through implementation of this section, s the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (� Inaure) Date: 211/ 2 TT Florida COUNTY Monroe Subscribed andsworn to(car affirmed) before me, by means of 0 physical presence or 0 online notarization, on 12I12 2 (date) by Jasmyn Holmes (name of a is t). He/She is personally known to me or has produced Driver's License H452433816050 (type of identification) as identification, NOTARY I y ,1, /2 2 Commission Expires-, ,,,,, , , ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2 El ,0 4V I I 1CM.I GNAC➢N��0pffl2�55T)o�wary 28 2�26 � A, t�re4 & ingrit, Owned Business Declaration Knight's Key Investors, LLC dba Isa Bella Beach Resort asub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) 1 mm 11 -is a minority business enterprise, as defined in Section 288.703, Florida Statutes Or is not a minority business enterprise,as defined in Section 288.703, Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 51-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor az tier rr "..,fg1i:r to F.S. 288.703 I"car more information. Contractor ub-ltecipit rnt- Monroe County Signature Signature Julie Cuneo Print Larne: / ,..._ PrinteflMB e _. _.., ...m.,..,. _ .,,._.M.. .,,,.. .._. Title: Title/ Department: , ssf�. Dir, ��urehasing Verified via: WIMKfl sd cirns:tqyfN0 t.00111 r m r?KL(!i i Address ' , DEM Contract: TBD .w. City/State/lip vf TBD Date:...--, ,.._-,........ ...,..._...„ FF,MA-P?!'pi.—ect. �._ .................. .�-...... Page 1 of 1 f"'{C.C"L../�I�.R.J DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 07/17/2023 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 Willis Towers Watson Certificate Center NAME: Willis Towers Watson Southeast, Inc. c/o 26 Century Blvd PHONE 1-877-945-7378 FAX 1-888-467-2378 AIC No Ext: AIC,No): E-MAIL certificates@willis.com P.O. Box 305191 ADDRESS: Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Everest National Insurance Company 10120 INSURED INSURER B: Allied World National Assurance Company 10690 DRH Tranquility, LLC DRH Tranquility Tenant, LLC INSURER C C/O DiamondRock Hospitality Company INSURER D 2 Bethesda Metro Center, Suite 1400 INSURER E Bethesda, M 20814 D INSURER F: COVERAGES CERTIFICATE NUMBER:W29645545 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD SUER POLICY NUMBER MM DDfYYYY MM DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE T X CLAIMS-MADE OCCUR PREM SESOEa occurrDence $ 1,000,000 A MED EXP(Any one person) $ 51000 y CC4GL00007-231 03/31/2023 03/31/2024 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ 8,000,000 PRO- ., 8,000,000 POLICY JECT LOC BY ;;.: s.....,,.,... .", ,r''1"'° PRODUCTS-COMP/OP AGG $ ..... . OTHER: DATE k7/20..23" PER LOC AGG CAPLIMIT $ 25,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 WAIVER N/A YES Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED CC4CA00008-231 03/31/2023 03/31/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LAB CLAIMS-MADE XC4EX00309-231 03/31/2023 03/31/2024 AGGREGATE $ 5,000,000 DED X RETENTION$0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ ❑ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Excess Liability 0313-7760 03/31/2023 03/31/2024 Each Occurence $5,000,000 Each Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 06/21/2023 WITH ID: W29377444. Hotel Name: Tranquility Bay Beachfront Resort/2600 Overseas Highway, Marathon, FL 33050 Monroe County BOCC is included as an Additional Insureds as respects to General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton Street1� 7t/ � - Key West, FL 33040 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 24429977 BATCH: 3054628