Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
08/24/2023 Agreement
Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with- Island Rai troorns LL Effective Date: Expiration Date: Contract Purpose/Description: For the purchase of an air-conditioned restroom trailer that i ADA+4. This will be used at Higgs Beach for approximately six months and then moved to Veteran"s Park Contract isDriginal Agreement„��Contract Amendment/Extension Renewal Contract Manager: Stan Thompson' 4524 Project Management/#1 (Name) (Ext.) (Dellartment/Ston CONTRACT COSTS Total Dollar Value of Contract: $ 94,062.75 Current Year Portion: $ 941106215 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the YnzTd c.utuuktme tnmutlY is, `>I€)0,000 00 or lcss9),. Budgeted?YAW No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Cate or : CC 06066,, ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Janitorial (Not included in dollar value above) (e.g.maintenance,utilities,janitorial, salaries, etc.) Insurance Required: YES W NO ❑ *Pump-out will run approximately$24,000 per year based on usage. CONTRACT REVIEW Reviewer Date In Department Head Signature: Cary Knight D9�tallysf.08.22 Cary Knight-04' Date:20signe ed b17:13:27-04'00' Joseph X. D i Novo Digitally signed by Joseph X.DiNovo County Attorney Signature: p Date:2023.082308:51:11-04'00' Jaclyn Flatt Digitally signed by Jalyn Flatt Risk Management Signature: Y Date:2023.0823 0920:44-04'00' Purchasing Signature: Lisa Abreu Date Digitally signed.08.23 Lisa Abr-0:202308.23 15:59:31 4'00' John Quinn Digitally signed by John Quinn OMB Signature: Date:2023.0823 18:41:43-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 HIGGS BEACH PORTABLE RESTROOM PURCHASE AGREEMENT BETWEEN ISLAND RES,TROO+ MS, JLLC AND MONROE COUNTY This Higgs Beach Portable Restroom Purchase Agreement is made and entered into this, 22 day of Augliust 1 2023, by and between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred 'to as "COLJNTY", AND ISI.,AND I STROOMS, LLC, a Florida Limited Liability Company, whose address is 92410 Overseas Highway, Tavernier, Florida 33070, its successors and assigns, hereinafter referred to as "ISLAND RESTROOMS" or "CONTRACT R". In consideration of the mutual promises, covenants, and agreement stated herein, and for other good and valuable consideration,the sufficiency of which is hereby acknowledged, COUNTY and ISLAND RESTROOMS agree as follows,: 1) Purchase. ISLAND RESTROOMS, LLC does herby agree to sell to the COtJNTY, which the COUNTY agrees to purchase, One ADA+4 STATION PORTABLE RESTROOM TRAILER (One portable restro,om trailer consisting of one ,FDA c mpliant restroorn with sink and toilet, one men's restroom with sink, toilet and urinal, and one women's restroorn with sink and two toilets), VIN; 40TN2,421PA081383 to be located at Higgs Beach, 1000 Atlantic Boulevard, Key West, Florida 33040 (Parcel ID #00058790-000100). 2) Payments. a., ISLAND RESTROO�MS, LLC shall provide the portable trailer and associated services described in .Exhibit A---Island Restroonis Bill of Sale: New ADA, + 4 Station Portable Restroom Trailer-Public Floor as supplemented by Exhibit B—Island Restrooms, LLC Quotation No,, SO 1,399 dated O8/17/2023 and Exhibit C—Scope of Services b. COUNTY shall pay IS,LAN'D ,RESTROOMS for the faithful performance of said goods and services the sum of Ninety-FOUrThousand, Sixty-1.wo and 75/100 Dollars($94,06175) in accordance with Exhibit A. COUNTY'S performance and obligation to pay under this Agreement is contingent upon annual appropriation by the Board of County Commissioners. RIB STROOTVIS shall submit to COUNTY invoices with supporting documentation and acceptable to the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk"). Acceptability to the County Clerk is based on generally accepted accounting principles and such laws,rules,and regulations as may govern the disbursal of funds by the County Clerk. COUNTY is,exempt from sales and use taxes. A, copy of the tax exemption certilicale will be provided by the COUNJ'Y upon request. 3) Scope and Description of Work. Notwithstanding anything contained herein to the contrary, ISLAND RES"I"ROOMS shall provide the portable trailer and associated services subject to the Scope, Clarifications, and Acknowledgments set forth in the incorporated and attached Exhibits. Anything not expressly included in the Exhibits is specifically excluded, 4) Designation of County On-Site Representatives. COUNTY through the Director of the Project Management DepatIrnent will designate one or more On-Site Representative(s) (OSR) at the time or contract execution by the COUNTY. The OSR will be responsible for technical monitoring of the performance of the delivery,and installation ofthe portable trailer on the site by ISLAND RES'l,ROOMS. The OSR will be appointed in writing and a copy of the appointment Nvill be furnished to ISLAND RESTROOMS upon request. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. 5) Inspection of Portable Trailer., The OSR, as described in Paragraph 4, shall be responsible for inspection of the poilable,trailer upon delivery to the location set forth in Paragraph I hereof. In the event that the CA determines that the portable trailer is unsatisfactory, the OSR shall promptly' notify the Director of the Project Management Department, "I"he Director of the Project Management Department shall thereafter notify ISLAND RESTROOMS of any deficiencies so that it may be made aware of the deficiencies and may promptly correct them. 6) Maintenance of Records, IS11AND RESTROOMS 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 I) 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 der 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 tennination of this Agreement, Further, ISLAND RESTROOMS is subject to the following: 2 1) ISI.,,AND RESTROOMS shall maintain records and financial docurrients sufficient to evidence compliance with Sections 602(c) and 603(c) of the Social Security Act, Treasury's regulations implement-ing that section, and guidance issued by the Department of the'l"reasury regarding the foregoing, 2) The Department of the Treasury Office of Inspector General and the Govemment Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise)of ISLAND RESTROOMS in order to conduct audits or other investigations., Right to Audit Availability qfRecor'ds. 'rhe records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available); subcontract files (including proposals of' successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by COUNTY or, the County Clerk to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in CSC LfNTY'S or the County Clerk's reasonable judgment have any bearing on or pertain to any inatters, 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 COLJN,ryS representative and/or agents of the County Clerk. COUNTY or County Clerk,may also conduct verifications,such as, but not limited to,counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and CONTRACTOR'S representatives, All records shall be kept for ten (10) years after I"inal Completion. The County Clerk, possesses the independent authority to conduct an audit of records,assets, and activities relating to this Project. If any auditor employed by the COUNTY or County Clerk determines that monies paid to ISLANI)i RES'l"ROOMS pursuant to this Agreement were spent for purposes not authorized by this Agreement, ISLAND REST/ DOMS shall repay the monies together with interest calculated pursuant to Sceti on 53.03, Florida Statutes runs fi-orn the date the ninnies were paid to IS LAND RESTROOMS. The right to, audit provisions survive the termination or expiration of this Agreement. 7) Severability., If any terns, covenant, condition or provision of the Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and 3 provisions of the Agreement, shall not be affected thereby; and each remaining terrn, covenant, condition, and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions would prevent the accomplishment of the original intent of the Agreement, The parties, of to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 8) Attorney's Fees and Costs. The parties agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs,as an award against the non-prevailing party,and shall include attorney's fees,and Court costs in appellate proceedings. 9) Binding Effect. The terms, covenants, conditions, and provisions of the Agreement shall bind and inure to the benefit, of the COUNTY and ISLAND R,ESTROOMS and their respective legal representatives, successors, and assigns. 10) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action,,as required by law. Each party agrees that it has had ample opportunity to submit this Contract to, legal counsel of its choice and enters into this agreement freely, voluntarily, and with advice of counsel. I I) Adjudication of Disputes or Disagreements. (,',OLJNTY and ISLAND RESTROOMS agree that all disputes and disagreements shall be attempted to be resolved by meet and, confer sessions between representatives of each of the parties, The COUNTY and ISI.,,ANI,') RESTROOMS representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law, 12) Cooperation. In the event any administrative or legal proceeding is instituted against,either party relating to the formation, execution, performance or breach of this Agreement, COUNTY and ISLAND RESTROOMS agrcc to partiCipatC, to the tXWOL MqUired by the other party, in all proceedings,hearings,processes,meetings,and other activities related to the substance of this Agreement or provision of the services tinder this Agreement. COUNTY and, ISLAND REs,rR.00MS specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this AgTeement. 4 13) ondiserirr i tlon/Equ rl Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a. determination by a court of competent jurisdiction that discrirnination has, occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of'the dart order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances,as applicable,relating to nondiscrimination. These include but are not limited to. 1) Title 'ill of the Civil. Rights Act of 1964 (PL 5 - 2), which prohibit discrimination in employment on the basis of race, color-, religion, sear., and national origin; ) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 168 -16 ), which prohibits discrimination on the basis of sex; ) Section 504 of the Rehabilitation Act of 1973, as amended (20 MSC § 794), which prohibits discrimination on the basis of disability; ) The Age Discrimination Act of 1975, as amended. (42 1..1SC §§ 6101-6107), which prohibits discrimination on the basis of age; ) 17he Drug; Abuse. Office and. Treatment Act of 197 (PL 9' -2 5), as amended,relating to nondiscrimination on the basis of drug abuse;6)"l`he Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation. Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis ofalcohol abuse or alcoholism; 7)The public Health. Service Act of 1,912, §§ 523 and 527 (42 [JSC §§ 690dd-3 and 290ce-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; ) Title Vill of the Civil. Rights Act of 1968 (42 USC §§ 3,601 et reel.), as amended, relating to nondiscrimination in the sale, rental or financing of'housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 1L1ote), as arnended from time to time, relating to nondiscrimination in employment on the basis of disability; 1 )Monroe County Code Chapter 1.4, Article 11,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 1 1) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subpect matter of, this Agreement. During the performance of this Agreement, the CONTRACT OR, in accordance with Equal m lrapnent Qpportunit tr (30 Fed. Reg, 12319, 1293 , 3 C.F.R. Part, 1964-1965 Comp., p. 9) as amended by Executive Order 1.1 375, Amending Executive Order 11246 Relating to Equal I°ana~algymeni Cpportuni , and implementing regulations at ill C.F.R, plait 60 (Office of Federal. Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 7 C.F.R. Part 200, Appendix 11,T C, agrees as follows. A) The CONTRACTOR will not discriminate against any employee or applicant :for employment because of rase, color, religion, sex, sexual orientation, sender identity;, or -rational origin. The CONTRACTOR will tape 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 CON'FRACTOR 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. B) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf'of the CONIRACTOR, state that, all qualified applicants will receive consideration, for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin, C) The CONTRACTOR will not discharge or in any other manner discriminate against any ernployce 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 pail 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 CONTRAUFOR'S legal duty to furnish information. D) 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, 1 5,and shall post copies of the notice in conspicuous places available to employees and applicants, for employment. E) The CONTRACTOR will comply with all provisit)n5 of t"','xecutive Order H 246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, F) 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, 6 and accounts by the contracting agency and the Secretary of Labor for purposes,of investigation to ascertain compliance with such rules, regulations, and orders. G) 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 pall and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1,965, 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® H) The CONTRACTOR will include the portion of the sentence immediately preceding Subparagraph (A), and the provision of Sub,paragraphs (A) through (H) 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 ol" 1964. The CONTRACTOR and any subcontractor, successor, transferee,and assignee shall comply with Title VI ofthe Civil Rights Actof➢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.0 § 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 orthis contract (or agreement), Title VI also includes protection to persons with "Limited English Proficiency" in any program, or activity receiving 'federal financial assistance, 42, U&C 2000d et sect., as implcmentcd by the Dopartmen tof thcTrcasury's,Title VI FCgLllations,31 CFR ]part 22, and herein incorporated by reference and made a part of this contract or agreement, 14) Covenant of No Interest. COUNTY and ISLAND RESTROOMS covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement, 7 15) Code of Ethics. COUNTY agrees that officers and employees of the COLNTY 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 bus i ties s with one's agency unauthorized compensation misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 16) Public Records Compliance. ISI.,AND RESTROOMS shall comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article f of the Constitution of Florida, "I'lie COUNTY and, ISLAND RESTIZOOMS shall allow and permit reasonable access to, and inspection of,,a]I documents, records, papers, letters or other "'PUblilic 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 ISLAND RESTROOMS in conjunction with this Agreement and related to Agreement performatice.The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by ISLAND RE,STROOMS. Failure of ISLANDRESTROOMS to abide by the terms of this provision shall be deemed a material breach of this contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorneys fees and costs associated with that proceeding.This provision shall survive any termination or expiration of the contract. ISLAND RESTROOMS is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat. See. 119,0701 and the terms, and conditions of this contract, the CONTRACTOR is required to; (A)Keep and maintain public records that would be required by the COLJNTY to perform (lie,service, (B)Upon receipt from the COIJNT Y'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. (C)Ensure that public records tl,.tat are excnipt 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,, (D)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, 8 that would be required by the COUNTY to perform, the service. If the CONTRACTOR transfers all public records to the COLTNTY 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 applicabIe requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUN'n-s custodian of records, in a format that is compatible with the information technology systems of the COUNTY, (E) 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 time CONTRACTOR of the request, and the CON'T'RACTOR 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 COLJN'Ty shall enforce the public records contract provisions sions in accordance with the contract, notwithstanding the COUNTYS option and rightto unilaterally cancel this contract upon violation of this provision by the CONTRACTOR, A Contractor who fails to provide the public records to the COUN]"Y orpursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR shall not transfer custody, release, alter,destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, 'FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC' RECORDS RELATING TO THIS CO-NTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRA LLB' AT PHONEN 305- -3470 BRADLEY- BRIANk)MON OECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY' OFFICE 111,1 121H Street, SUITE,408KEY WEST, FL 33040. 17) Non-Waiver of Immunity, Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the COUNT and ISLAND RESTROOMS in this Agreement and the acquisition of any cornmercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed, a waiver of immunity to the 9 extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 18) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY,, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the perforrnancQ of such functions and duties of such officers, agents, volunteers, or employees Outside the territorial limits of the County, 1 Legal Obligations and Responsibilities. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility, 20) Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall it be construed,as,authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to,the extent pennitted by the Florida Constitution, State Statutes and Case Law, 21) Non-Reliance by Non-Parties., No person or entity shall be entitled to rely upon, the terms, or any ofthern, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and ISLAND RESTROOMS agree that neither the COUNTY and ISLAND REsTROOMS not, any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general.or for the purposes contemplated in this Agreement. 22) Attestations. ISLAND RESTROOMS agrees to execute such documents as the C0(JN,TY may reasonably require, including a Non-Collusion Affidavit, a Lobbying and Conflict of Interest Clauw, as Vendor Certification Regarding SQrutinized Companies List,a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Staternent, (Composite Exhibit D) 2,3) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any inernber, officer, agent or employee of the parties in his or her individual capacity, and no member, officer, agent, or employee of the parties shall be liable 10 personally on this Agreement or be subject to any, personal liability or accountability by reason of the execution ofthis Agreement. 24) independent Contractor. At all times and for all purposes, under this Agreement, CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County, No statement contained in this Agreement shall be construed so, as to find CONTRACTOR or any of its employees, subcontractors, servants,, or agents to be employees of the Board Of County Commissioners of Monroe County. 25) Indemnification, HOW Harmless,Defense, and Insurance. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, ISLAND RESTROOMS shall defend, indemnify and hold the COUNTY and the COUN'ry,s elected and appointed officers and ernployees harmless from and against (j) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of in,j ury (includin 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 indernnified party by reason of, or, in connection with, (A) any activity of ISLAND RESTROOMS or any of its employees, agents, contractors or other invitees during the term of this Agreentent, (13) the negligence or willful misconduct 01FISLAND RESTROOMS or any of its employees, agents, sub-contractors or other invitees, or (C) ISLAND RESTROOMS' 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 oin issions of the COUNTY or any of its employees,agents, contractors or invitees, (other than ISLAND RES"FROOM,S). The monetary limitation of liability under this Agreement shall be equal to the dollar value ofthe contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. "I'he limits of liability shall be as set forth in the insurance requirements, included in this paragraph. 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 froin any and all increased expenses resulting from sucti, 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 steal I hold the COUNTY harmless and shall indemni ry it from,Al losses occurring thereby and shall further defend any claim or action on the COtJNTY'S behalf. The extent or liability is in no way limited to,reduced, or lessened by, the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to, comply with the requirements of this section shall be cause for immediate termination of this Agreement. United States Department of the Treasm Indemnification 'Fo the fullest extent permitted by law,the CON'rRACTOR shall indemnify and hold harmless the United States Department ofthe'l"reasury and its officers and employees, firom liabilities,damages, losses and costs, including, but not limited to, reasonable attonley'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 indeninification 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. Prior to execution of this agreement,, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage I imitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LtABILTIV INSURANCE, Where applicable,coverageto apply for all employees at minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of,$100,000.00 bodily injury by accident, $100 000.00bodily injury by disease,policy limits,and$100 OOQ,00 bodily injury by disease,each employee, COMPREHENSIVE AJJ'FOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles, If sirigle limits are provided, the minimum acceptable limits are 000.0f1 per person, $300 000.00 per occurrence, and $200 000,00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles,,and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liabilityof not less than 4_-1,300 000,00 per, occurrence combined single limit for Bodily In Iury Liability and Property Darnage Liability. CERTIFICATES OF INSURANCE, Original Certificates of Insurance shall be provided to the COUNTY at the tirne of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30,) calendar 12 days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida, If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUN'l"Y, its officials, employees, agents, and volunteers. The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street,Key West, Florida 33040, must be listed as Certificate))Holder and included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the COUNTY will be earned as an Additional Insured and Loss Payee on all policies covering County-owned property, Any deviations from these General Insurance Requirements must be requested in writing on the COUNTY prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 26) Notices. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States, Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the sanne as set lorth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following personsl- For C0tJNTY: For ISLAND REST ROOMS: County Administrator Island Restroom, LLC 1100 Simonton Street Attention: Brandon Davis they West, F1, 33040 P.O. Box H 9,7 Tavernier, Florida 33070 And Monroe County Attorney's Office I I I 1 1,2th Street, Suite 408 Key West, Fl. 33040 27) Governing,Law,Venue,and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and IS LAND RESTROOMS agree,that venue will fie in the appropriate court or before the appropriate administrative body in Monroe County,Florida. The Parties waive their rights to trial by jury.This 13 Agreement is not sub"ect to arbitration. The COUNTY TY and CONTRACTOR agree that, ill the event ofconflicting interpretations of the terms or a term ofthis Agreement by or between n of them the issue shall be submitted to mediation prior to time institution of any other administrative or legal proccedingo In time event of'any conflict or inconsistency between time terms and provisions of this Agreement and any termmms or provisions of the attached Exhibits, the terms and provisions of this A reernent shall govern and control. 28 Termination. The Contract maiy be term inated as foI lows w a. In the event that the ISLAND RESTROOMS shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five ( ) days" written notification to (lie ISLAND RESTROOMS after reasonable notice and,opportunity to cure. b. Dither of the pat-ties hereto may cancel this Agreement without cause prior to production and manufacture of the trailers by giving time anther 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 time right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with ISLAND RESTR OMS should ISLAND RESTRO MS fail to perform the covenants herein contained at time time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide [SLAND RESTROGMS with seventy-tare (72) hours' notice and provide the ISLAND REST ROOMS with a reasonable opportunity to cure the breach that has occurred. Lfthe breach is not cured, the Agreement will be terminated for cause; If the COUNTY terminates this agreement ent with the ISLAND RLSTROOMS, CCal ll'wiTY ,shall pay ISLAND RESTRO MS the sum dmme the ISLAND ESTR.00MS under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in time contractHowever,the C OUNT°y reserves the right to assert and seek an offset, ror damages caused by the breach. The maximum amount due to ISLAND RESTROOMS shall not in any event. exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paint' under this Agreement, including the right to sup: for, breach of contract and including the right to pursue a claim for violation of the COUN°T',m"'s False Claims Ordinance, located at Section 2-721 et a]. of the Monroe County Code. d. Termination for Convenience; The COUN"Twq1M� may terminate this Agreement for convenience, prior to production/manufacture of the trailers, upon sixty ( ) dais' 14 notice to ISLAND RESTROOMS. If the COUNTY terminates this agreement with the ISLANI) RESTROOMS, COUNTY shall pay ISLAND RESTROOMS the sum due the ISLAND RESTROOMS 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 ISLAND RESTROONIS shall not exceed the spending cap in this Agreement, in addition, the COUNTY reserves all rights available to recoup monies paid underthis 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 a]. of the Mon-roe County Code. e. Scrutinized Companies: For Contracts of any amount,, if the COUNTY determines -that the ISLAND RESTROO�MS has submitted a false certification under Section 287.1 35( ), 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 ISLAND RESTROGMS written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287,1 35(5)(a), Florida Statutes, or (2,) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are,met, f. For Contracts of$1,000,000 or more, if the COUNTY determines that the ISLAND RESTROOMS submitted a False certification Linder Section 287.135(5),, Florida Statutes, or if the ISLAND RESTROOMS has been placed on the Scrutinized Companies with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business, operations in Cuba or Syria, the COUNTY shall have the option of(1) terminating the Agreement after it has given the ISLANT) RESTROOMS written notice and an opportunity to dernonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287,135(4), Florida Statutes, are met, 29) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the CONTRACTOR and any, subcontractor shall register with and shall utilize the LI.S. Department of Homeland Security's E-Vcrify systcni to verify the work authorization status ofall 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 verity the work authorization status of all new employees hired by the subcontractors during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, 15 contract with, or subconstruct with an unauthorized alien.The CONTRACTOR shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. 30) Compliance with Law and License Requirements. In providing all services/goods pursuant to this Agreement, CONTRACTOR shall abide by all laws of the Federal and State goverrmient, ordinances,rules, and regulations pertaining to,or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with,all laws includes, but is not limited to, the immigration laws of the Federal and State government, Any violation of said statutes, ordinances,rules,and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement, 31) Public Entity Crime Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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 pubic 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 thirly-six(16) months from the date of being placed on the convicted vendor list. 3,2) Ethics Clause. ISLAND RESTROOMS warrants that it had not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage,gift, or consideration paid to the former County officer or employee. 33) Mutual Review. This Agreement has been carefully reviewed by ISLAND RESTROOMS and the COUNTY. Therefore,this,Agreement is not to be construed against either, party on the basi,,s,oFauthorsilip. 3,4) Entire Agrevinent. This writing embodies the entire agreement and understanding between the parties hereto,and there are no other agreements and understandings, oral or written, with reference to the subject.matter hereof that are,not merged herein and superseded hereby. Any 16 amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 35) FEDERAI, 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., Dart 200, as amended, jIlClUding but not limited to: A) Clean Air Act J42 U.S.C. §§740,1-7671g.1 and time Federal Water Pollution Control Act (33_jL.S.C._§§12-51-_1387 JOR agrees t a o compl y with all applica ble �. CONTRA( 9 standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, (42 US.C, §§740l-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 'rroasury and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. §§7401-767]q) and the Federal Water Pollution Control Act(33 U.S.C. §§,1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $100,000.,00. The CONTRACTOR agrees to include these requirements in each subcontract exceeding $1010,000 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 370:4,as supplemented by Department of[.,abor 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 Linder 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 Noun, and Safety Standards Act. (1) Overtime requirements, No contractor or subcontractor contracting for 17 any part of the contract work, which may require or involve the employment of laborers or rnechanics, 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.: liahility,fir unpaid wages; liquidaled dainages. In the event of any violation of the clause set forth in Paragraph(b)(1)ofthis section, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done, under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated darnages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of tile 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) Withholeling,Jbr unpaid ivages and liquidated dama!es. The Federal agency shall, upon its own action or upon written request of all ,authorized representative of the Department of Labor, withhold or cause to be withheld froin any moneys payable on account of work performed by the CONTRAurOR 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 flours and Safety Standards Act, which is field 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) Shibcontracis. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in 29 CY.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 18 subcontractor with the clauses set forth in 29 CY.R. §5.5, Paragraphs (I) through (4). Q Rights to Inventions Made Under a Contract or Agreement. If the Federal award ineets the definition of"funding agreement" under 37 CFR 401.2 (a) and the recipient or Stibrecipient 'Wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assigni-fl-ent or perflortriance 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 SrnaH Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency, D) Debarment and Suspension (Exec utive0rders 12549and '12689�), A contract award under a "covered transaction"' (see 2 CFR §180220) must not be made to parties listed on the government-wide exclusions in the System for Award Management ( AM), in accordance with the C. guidelines at 2 C.F'.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 Q CY.R. Part 1989 Comp., p. 235), "Debarment and Suspension"and the Department of I lomeland Security's regulations at 2 C.F.R. Part 3000(onprocurement Debarment and Suspension)., SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM. exclusions can be accessed at w i ,saii v. CONT'RACTOR 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 CRR, §180.905)are excluded (defined at 2 U"K §180.940) or disqualified (defined at 2 CY.R. §180.935)�. The CONTRACTOR must comply with 2 CT.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 CYK 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 purstie available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 CY.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 frorn 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','Ureasury's implementing regulation at 3,1 C.F.R. Part 19. E) BI/rd Anti-Lyh1bying Amendment (31 U. .C. 0352). Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the 19 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 mernber of Congress, officer or employee of Congress, or an employee of a meml-ker of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U&C. §1352. Each tier must also disclose any lobbying with noll- 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 CIFR 20�0., . 'n-ie CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as, amended, by the 'Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory' level of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;and establishing an afflirmative 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. CornPetitively within a timeframe providing for compliance with the contract perfonnance 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, "I'lie CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act, G) 'Prohibition on certain tt—lecommunications 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 20 or obtain; (2) Extend or renew a contract to procure or obtain; or ( ) tinter 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 as substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-23,2, section 889, covered telecommunications equipment is telecommunications equipment produced by I-ivawei 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, Flan thou I-likvision Digital 'rechnology 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)Tclecornmunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or control led by,or otherwise connected to, the government of a covered foreign country. H) Domestic Preference for Procurements as set forth in 2 CX.R 00.322. The COUNTY arid CONTRACI I OR 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 firnited 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 tinder federal award. For purposes of this section: (1) "Produced, in the United States" means, for iron and steel products, that all manufacturing processes, froin the initial melting stage through the application of coatings, occurred in the United States. (2) "Manuf6etured 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 lurnber. 21 1) Copeland"'An ti-Kickback"Act(2 CYA,200,Appyndix 11(D); 40 U.S.C.-L3145), This section applies �fihe contract is in excess ql'$2,000 and pertains to constniclion or repoir, andfurlher, V'required lay fiecleral program legislation, CONTRACTOR shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145,), as supplemented by Department of L,abor 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 Grantsfirorn 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 Lip any part of tile compensation to which it is otherwise entitled. 'The COUNTY shall report all suspected or reported violations to the Department of the Treasury. 316. OTHER FEDERAL AND/OR DEPARTMENT OF THE T11EASURY REQUIREMENTS (AS APPLICABLE) Section 602,(b,) of the Social Security Act (the Act), as added by Section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (Fiscal Recovery Funds). Monroe County shall not enter into a Contract or make any distributions of funds to CONTRACTOR using monies from the Fiscal Recovery Funds absent CONTRACTOR'S agreement and adherence to each term and condition contained herein. The CONTRACTOR and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: A) Americans with Disabilities Act of 1990 (ADAI, 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 Objigation. 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 BE 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 22 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. CYR § 200.321 CONTRACTING WITH SMALL AND MINORITY BLIS.TNESSES, W MEN' USINESS ENTERPRISES AND LABOR SURPLUS AREA.FIRMS 1) If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 C.F.R. §20,0321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor, surplus area firms, are used wherieygLmsible. 2) AtTirmative steps,must include: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses,and worrien's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximurn participation by small and rninority businesses, and women's business enterprises; (d) Establishing delivery schedules, where the_jgqEj[gmerit ,permits, which encourage participation by small and minority businesses, and women"s business enterprises; (e) Using the services and assistance, as appropriate, of such organizations as the Sillall Business Administration and the Minority Business Development Agency of the Department of C ommerce, (1 0 Requiring the Prime contractor, if subcontracts are to be let,to,W,ke the affirmative steps listed in paragraph (1)through (5) of this,section. Access to Records. CONIRACTOR 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 23 staff by the United States Department of the Treasury. CO-ntradOrS must: (I) 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 docurnents and sources of inrorniation related to the grant and permit access to facilities, personnel, and other individuals and infon-nation as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or pro rare 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-Cornoensation. As required by 2 C.F.R. Part 170, Appendix A, the CONTRACTOR must report the names and total compensation of its live 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. 1) 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; 2) the COOT RAC"FOR 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); 3) the CONTRACI'OR 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 4) the public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 1-5(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 infon-nation, see U& Security and 24 Exchange Commission total compensation filings at irtA U YPf�w�✓��d'�''u1 're�4, p�Q.rf rrr"a4u�9rGwV"}£�d„�4ti:,a�uwrrr � lVrw�'1. F) No Obligation b federal Government. The Federal Government is not a party. to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity,CONTRACTOR or any other party pertaining to any matter resulting from the contract. G) p'ro >rrn 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 taternents) applies to the CONTRACTOR'S OR' 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, i.rnprisommnent,civil darnta es and penalties,debarment from participating in federal awards or contracts,arid/'or any other remedy. 11) The CONTRACTOR TR.AC:TOR shall utilize the U.S. Department of f lorneland Security's Verif system to verify the employment eligibility of all newernployees hired by the CONTRACTOR ACTO during the terra of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to. likewise utilize the LJ. . Department of HomelandSecurity's lam"-Verify system to verify the employment eligibility of all new employees hired the subcontractor during the Contract term. t) The CONFRACTOR will be bound by the terms and conditions of the Federally Funded Mate & focal Fiscal Recovery Fund Financial Assistance Agreement. between the COUNTY and the United Mates Department of Treasury attached hereto as Exhibit 'E and made a part of this Agreement. J) The CONTRACTOR shall hold the United States and' COUNTY harmless against all clairns of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extent allowed and required by law. ) Ener p Efficiency.ff"applicable,the CONTRACTOR will comply with the Energy Policy and. Conservation. Act (P.L,. 44-163; 42 U.S.C. " 2tll-r 4 2) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation flan adopted pursuant thereto. l ) Confli is of Interest. The CONTRACTOR understands and, agrees it must maintain a conflict-of-interest policy consistent with 2 C.F, ,, § 200.318(c) and that such conflict-of-interest policy is applicable to cacti activity funded under the federal award as set forth in Exhibit E. 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) Retnediall Actions. In the event of the CONTRACTOR'S noncompliance with Section 602 of the Act,other applicable laws,Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche Of future award, funds, if any, or take other available remedies as set forth in 2 CY.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(c), of tile Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(111) of the Act, as applicable. N) Compliance with Federal Law, Regulations and Executive Orders., This, is all acknowledgment that Department of the Treasury (Treasury) financial assistance will, be used to fund the contract only, Tile 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 ror such compliance by other parties, in any agreernents it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the f0l]OWing: 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 sub�ject 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. 2) Universal Identifier and System for Award Management (SAM), 2 C17K Part 25, pursuant to which the award term set forth in Appcndix. A to 2 ,C.F.R. Part 25 is hereby incorporated by reference. 26 3) Reporting Subaward and Executive Compensation Information, 2 CYK 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. 4) OMB Guidelines 'to Agencies, on Goverrimentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 190, 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 1 0, 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. 5) Recipient Integrity and Performance Matters, pursuant to which the award terin set forth in 2 C.1",.R. Part 200, Appendix XtI to Part 200 is hereby incorporated by reference, 6) Governmentwide Requirements for Dr-ug-Free Workplace 31 G.F.R. Part 20. 7) New Restrictions on Lobbying, 31 CX,R. Part 2 1 8) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655)and, implementing regulations. 9) Generally applicable federal environmental laws and regulations. 0) Hatch Act. The CONTRACTOR agrees to comply, as applicable, with requirements of the,Hatch Act(5 U.S.C. §§ 1501-150,8 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 Exhibit E must display the following language.- "This project [is being] [was] supported, in whole or in part, by federal award number[enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." Q) Debts Owed the Federal 11"o-vern m ent. I Any funds paid to the CONTRACTOR(a)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; (b)that are determined by the Treasury Office of Inspector General to have been misused; or (c) that are determined by Treasury to be:subject to a repayment obligation pursuant 27 to Sections 602(e) and 603(b)(2)(D)of the Act and have not been repaid by CONTRACTOR shall eonstitute a debt to,the federal government, 2) 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 Exhibit E. Treasury will take any actions available to it to collect such a debt. R) Disclaimer. 1) The United States expressly disclaims any and all responsibility or liability to the (."ONTRACTOR,or third persons for the actions of CONTRAcrOR or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance ol"this award or any other losses resulting in any way from the performance of services funded tillrderthe federal award as set forth in:Exhibit E or any other losses resulting, in any way From the performance of services pursuant to any contract, or subcontract under this award, 2) The acceptance of these funds provided by the federal award as set forth in Exhibit E by the CONTRACTOR does not in any way establish an agency relationship between, the United States and the C(DN"I"RACTOR. S) Protections for Whistleblowers. I In accordance with 411, 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, 2) 'The list of persons, and entities referenced in the paragraph above includes the following- a) A member of Congress or a representative of a committee of Congress; 28 b) Ail Inspector General-, C) The Government Accountability Office; d) A Treasury employee responsible for contract or grant oversight or management; e) An authorized official of the Department of Justice or other law enforcement agency; 1) A COLErt or grand jury; or g) A, management official or other employee: of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. 3), The CONTRACTOR shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the �vor,kforce. T) Increasing Seat Belt Use in the United States.pursuant to EXCCUtive Order 13043, 62 I,R 19217 (Apr, 18, 1997), the CON I I RACI I OR is encouraged to adopt and enforce on-tficjob 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 wIten operating company-owned, rented, or personally owned vehicles. U) ReducingText Messaging While,Driving. Pursuant to Executive Order 13513, 74 FIB 5 1225 (Oct, 6,2009), the CONTRACTOR should encourage its employees,, subrecipients, and subcontractors to adopt and enforce policies that ban text messaging 'while driving, and the CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. II UNDER OF PAGE INTENTIONALLY LEFT BLANK 29 SIGNATURE PAGE TO FOLLOW 30 IN WfTNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. MONROE COUNTY Ai-rORNEYS OfFICE MONROE COUNTY BOARD OF APPROVEDASTO FORM COUNTY COMMISSIONERS Digitally signed by Roman Roman Gastesi 'astesi DATS 8-23-2023 Date:2023.08.24 08:44:42 By: -04-00- Roman Gastesi County Adniinistrator Date: ISLAND RESTROOMS, LLC By: Title: Brandon Davis -President Date:: 8/22/23 STATE OF: Florida COU"N'l"Y OF: Monroe Subscribed and sworn to (or affirmed) before me, by means Of physical presence or Elonline notarization, on (date) by (name of affiant). He/S, he 6'rsona i-v1—n,6'w-' njo me or has produced y no (type of identification) as j" a 16nll cati on. NOrro P'U-B-L I C 144t, LAURAGASSER My Commission Expires: <- _*'�f C"inkliiew#HEN'030960 w, EXP1183 AwguSt 10.2024 '11�tol�T'07 BMM rNu&*At NOWIV$0,YlM 31 EXHIBIl"S 32 EXHIBIT BILL OF SALE °dan!d Zesl,Il ails il°"II suites Exceptional Restroo ns. Unparalleled Service. 7 -76 -1067 s rvice fandrestroom s,corn www.l f ndrestrooms.corni BILL OF SALE: NEW ADA+4 'STATION PORTABLE RE TRL'OM TRAILER - PIJ'l3'LIC FLOOR PLAN DATE:AUG 17, 202 Buyer:. Monroe County Board of Commissioners PRICE: $891,748.00 Contact: Stan Thompson IDS- 'g4-5401 FREIGHT : $4,314.75 VIN: 4C9T'N2421PAll '1 TOTAL: $94,,062.75 Mailing Address:. 1100 Simonton Street, Suite Delivery Address: Higgs Beach, Key Blest 2-216 Key "west, FL 33040 Delivery Contact: a'Ven!Lw Aguirre The New A,DA+4 Station Portable Restroom Trailer- with Public Floor Plan, VIN: 4C9TN 4 1PA08138 is'being transferred upon payment in full from Island R.estrooms LLC to Monroe County Board of County Commissioners. The verified signed Bill of Sale Is a Metter of intent and requires funding In full pr4a"o-sizipment to complete a sale. :P'wra•weir^l:ivery Of t a le;r and invoice is arcwi.wett Please indlicate form of payment: 'Wtifire/ACHN— Check 1 a r4 k vs ded,wait-*4n-48LheUM t"'Ireck will [w issued wilhin two,weeks afier the unit has been detidrer•rdl and gad i[dap,ra ndl the fin,c4ce has[wen rcc6ved This new unit has a 5-year limited trailer manufacturer warranty on the trailer frame and axles and a 2-yeah limited) warranty on the trailer as a whole. Registration details are provided by their individual appliance manufacturers and are located in the component binder located in the mechanics room on the backside of tare trailer. The sale Is subject to the following conditions and representations:A Putchase Order 'be received Fulf-paym,ent from the Buyer is to tak -pla ee prior to the removal from the Seller's property, The Seller warrants to Buyer that the unit is new and in good condition, Seller reserves the right to showcase the Buyer's soiution in their marketing materials(including,but not limited to the Company wwebsite).The Parties hereto specifically consent to the jurisdiction of the courts of the state of Florida in connection with any formal litigation or other claims brought to by either(Party hereto against the other arising uind'er this Agreement, Manufacturer's Statement of Crigiin will be provided by mail (2-6 weeks from delivery), to. present to local jurisdiction, to obtain title and plates. The Buyer is responsible for ALL State and Local ,jurisdiction Taxes, The buyer Name lusted will be used on the MSO (Manufacturer's Statement of Origin) to register the unit. Initial Hewes: Purchaser Signature: _ Printed'; Date: Seller: Island Restroorns, LLC Printed:8randon Davis Date: 8 17 2. Please coe nf'irrrn the folllowing for your Manufacturer Statement of Origin! (MSO)llw Your Full Business Name,(or name to be listed): Mon oe Cougly Bc:a d 0f 0u,rIIt,,j' Address to Mail your MSO (we do not send to PO Boxes) as signature will be required: .street city ST DTP Name of person who will sign for the MSO Nio w ie i� � r sir " � � s�4: w� w' w �� :� k :r wa�.�c.lerkxoa i[ Name Phone Number Email Wiring Information to Seacoast bank; (Bank Address: 815 Colorado Avenue Stuart, FL 34994, Bank Routing:: 0670OS158 Bank Account„ 235361189 Bank Swift ode: SNBFUS3F (for International) Account Name: Island Restrooems, LLC Account Addre�5 : 1 77' Pearl Ave Tavernier, FL 3307 For Check Payments., please remit to PO Box11 7 Tavernier, FL 33070 EXHIBIT' B QUOTE Eii.XC','EPTl,OPNIAI s'rRC),(',)MS UNFARAL L El ED SERVICE. rs Isla r d R,,estroknli,StAi es, Wand ResiromPO Box 1197 Tavpntier Fl.33070 Lftted States Shipping address: Momoe COUnty Board of County Commissioners Hqgs Beach 1100 Sirmonlon Street. 1000 Aflartc Boulevard Key We���A FL 33040 Key Vest FL 33040 UrIfted Stakps UnRed S(atea Tax U 85,-80l3825294C,,,,,7 Quotation # S01399 Billing Pe6od taut: Ming Period Emnd: Quotation Date. Salespersom 08/1712023 I.T00:11 Brandon Davis I Grid SCMPMIIN QUANTITV UNIT AMOUNT -—----------------A DA 4 4 Restr*orn Sw�e L.Ol."O ljnl�s) B9,74R,(X0 tl4ll T". $89�748,00 Dpfivery-hr"U'"1569 n des r�.Q'2.75 pler rpAu L.Or,,K)Und(s) $4,31,111i ......................................................................................................................................................................... ....................... subtatall a 94,062,715 Taxes on$94,062,75 0,w Taxes by ZHI $WIV I TfA!786-7 -1067 Mad 5eirAre@iz]and restroo,n)s.com 92410 Overseas Highway Tavernier,R.33070 paqe:1.11 EX ill BITC; SCOPE OF SERVICES • Deliver and set up ADA + 4 Restroom Suite. Provide two hours of technician time for setup/orientation of the new unit. There will be a manual provided by the manufacturer for this information. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Descriptionjst:_Seller of new IRestroorn Trailer Respondent'Vendor Name: Island Restrooms, LLC Vendor FEIN: 46-0870893, Vendor's Authorized Representative Name and Title: Brandon Davis -President Address;; PCB Pox 1197 City: Tavernier State: FL :Zip: 33070 Phone Number Email Address: brandion islandrestroorns,corn .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 15.47 „ 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 goods or services of$1,00 ,000 or more, that are on either the Scrutinized Companies with Activities in Suidan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 1 .47 , 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 "Despondent Vendor blame"'' is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Enemy Sector List, or engaged in business operations in Cuba,or Syria. I understand that pursuant to Section 287,1135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. II further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged'' in,. a boycott of Israel'or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities ini the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba; air Syria, Certified By; Brandon Davis wwho is authorized to sign on behalf of the above re n p ny ,... 17 Authorized Signature:_ Print Name,Brandon Davis Title: President Note: The List are available at the following Department of Management Services Site: ka ft�,i�f4v,,.,. Irani ¢ 7ryj ru lip n dml du uiva n rafta lls a�arol !jj of ligjsi anpiverl�2 winf'olira7i aion�convucteci su 4 'O��T iints minor fi!c .„.. ... „�6b, LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 0110.1111990 MONROE, COUl NTY, FLORIDA ETHICS CLAUSE -Island Restroorns LLC (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in;, violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee, in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provismon the County may, in its discretion, terminate this contract without liability and may also, in its discretion, de=dluct from the contract or purchase price, or otherwise recover, the full amount of any fee, cornmission, percentage, gift, or consideration paid to the former County,officer or employee"', Date: 8/22/23, STATE OF. Florida, COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of 10 physical presence or El online notarization, on a,� � j (date) by_E�( (Asn L, 'w,,y.L (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. 11��_V_IIJI —N NOTARY PUBLIC $SEAL) My commission expires: LAURAaASSER Cofnmisalm#KM O 0960 Exph%Avgu61 10,2024 DRUG-F'REE WORKPLACE FORM The undersigned vendor in accordance with Florida, Statute Section 267.087 hereby certifies that: Island Reistroonms LLC ............. (Name of Business) 1 Publlishe,s 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. Informs, 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. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in suibsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and wilt notify the employer of any conviction, of, or plea of guilty or niolo 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. 51. Imposes a sanction on, or require the satisfactory, participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted, 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section, As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements, > Zk= e—Ptoposer's Signature 8/22/23 Date STATE OF: Florida COUNTY OF,Monroe Subscribed and sworn ito (or affirmed) before me, by means of P phyeical presence or 0 onfine notarization, on (date) by—--B- V'Avicky) " fw (name of affiant), HelShe i Ily known to r has produced (type of identification) S( as identification. 1j, (Yo j NOTARY PUBLIC (SEAL) My commission: LAURAWSER minRiali KPH O30960 �lres August 10,2424 'FORF 8ondWTWu&4*HaWS-t" NON-COL,LUSION AFFIDAVIT of the city according to law on m oath, and under penalty of perjury, depose and say that, I am of the firm of the proposer it aking the Proposal for the project described in the notice for calling for proposals for° and that I executed the said proposal with full authority to do so; Z The prices in this proposal 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 proposer or with any competitor,,, and 3. 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; and 4. 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; and 5. The statements contained in this affidavit are true and correct, and made with full k no w l.,je! e profit. Z! ................a (Sigr��tdfd,'6f(Proposer) (Date) STATE OF: F-'t cv-(J(A, COUNTY OF: pm'Vl' vz;c-- Subscribed and sworn to (or affirmed), before me, by means of 19'5hysicai presence or 0 online notarization, on, 42;-� 1'�2--1 '7—c.)�2 � date) " - ----------------- ( by hr co L' (name of affiant). He/She is,pE ona:tly, Known to me or has produced I`%(tvpe of identification) as identification. NOTARY PUBLIC M P 4, LAURAWSER'Ry ,1 , Commi"lon 0 HH 030960 AIresAu ust 10,2W4 My commission expires: LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 0110.1111990 MONROE, COUl NTY, FLORIDA ETHICS CLAUSE -Island Restroorns LLC (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in;, violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee, in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provismon the County may, in its discretion, terminate this contract without liability and may also, in its discretion, de=dluct from the contract or purchase price, or otherwise recover, the full amount of any fee, cornmission, percentage, gift, or consideration paid to the former County,officer or employee"', Date: 8/22/23, STATE OF. Florida, COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of 55 physical presence or El online notarization, on a,� � j (date) by_E�( (Asn L, 'w,,y.L (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. 11��_V_IIJI —N NOTARY PUBLIC $SEAL) My commission expires: LAURAaASSER Cofnmisalm#KM O 0960 Exph%Avgu61 10,2024 ('.'AMT3 Appriuw d No l y0.u.10:221 E'ti,laumuon Date: 11 .30 2(,Ql t.ulat: "y 1fC1' "ad.ANf AND Il.n":;n1 yN HSC., LR1"1.,'1,i°a1°R)' R"" DS F °NN�ubalr�nixrrn�drN91u�., 11. ubrrdul�u��° 1rYQ75`irun�oc C ouurty E9a and at8';om%niz ,,s ion er° 9"��xpavcu•'ld irtrfiu ardonu Nuiimbq,u 596d1t't�8;3749 1 11111'Sullonrtoii S'lracu.lu`unnim 2-213 Assisu e'hsPr v,Numbu,a,rmd( N'aale 2�1.027 key Wost.Honda dra 330,411 Soctisanrs 602uiap ancl 603(h)or lae soci6a1 slt�Cuuril,N' 'aawd rlifir Aa p;lai,u Added by Mice on 990l a'id`ah, Amcric.aar Rescue Phiva AcI,T'uuli. L. No. 117-2 i M ar-cfi 1 N,2021)raunhorizog t1ae,Department u;Nt't1ur;7re��uau�i T�rcaasuuri'p taa Pit ake pm uaueatts too cemuiad reci uucuuts ftarimu flue C,'ora naviruuu SWte 1Cuu,c;a1 l aau era 1•uauud raaaadl die C oran i ar inns 1.,uaar�au1 Fisch Tdecm ery N"°u;urard. Recipients hereby agrees,as a cranclafioua to receiving such ch ptuyriwrra froiar 9.a,e airy, agre(:s w the tenoror ,aduaeNued hereto Re6gareu9 '1,,b1 11y lr ru cd day In loan -04'0 " Authorized EUpresen aatavie Signal uare(.above) '4uulduaifiml Reparedscaitltuvk u:rnle_ 'I'ma r3mua _utdaou� e,,ced Relprescrit2tive"Tstle: Se°uuior➢ irectuur Budgel ck,,d audwtno Date '"�ug�»nne e 1. y, lbwapi"lriuera sri'die Tivmq ury: e.� luutliaronzed RepmwitdativoSignaluuaegaada Pvc) Jacob dx�ilueuulaatt �4 e9 u1airoll r;rehl�,w1tlr'aa"i�k lafltrdl Vl, Name: _ -tralhauiar:c Chief Recoverw 2.aT"1'lur,Office of}~ku:m ep �u°na, r<anaie 1 atc si nnC& M ay 141 2021 lbr I't:t?u"uftillul &�EiE�i4:fi'tiab�lr"n,"fi rGb'16r'F" The information kwtko1 31S,4;Oa cswrawre1rrrO,cr,un.a,equr.nt,kawuerp[wit.Tho omie aed kgrdanaissc,edsiwd warlsuiaoi,u,eullamaa+,rr"ji` infim rino on ns IS ni¢r nw%avr vlaqxwme i'a rnamerv¢«,t a3n4`N'•vna nfr the.aa,m'"A uy o lhira l prdeen`a estirll:we mwil werggen6paans fbw n.,aW,.cu.a^"g flak nrouul d.A,[,WnaId K,A UA Ia9a°h (fibre a(ii 480 Tna,u'r,+,pPmrsa i,r ,-r andRvmNamch Depnrau'Lnerd of rhe 500 Pumnuua as iav �-V_",J W,Wµav,l"wuunra in,D, 26"l,,2C"[)4A �ww[,%.161'aiv.P twramr by dnsaddr,ttsq,fm w crew co-jwurg nrst ocmlu' aor°arrxaiswx,wid uu perscyn rn ncA m,aiai°rmlW resp Vl�a,.,n wdeas sa ri wtslav;,i"alud cc.Pntrc4 ura.uanber assigno l lu,,WAft 11S.DEPARTMENT OFTHE TREASURY C01RONAVIRUS STME FISC.U, RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Fun& a. Recipient twidentqndi and agrees that the fitnck disbursed under this award may only be used IT)COIIIPIcAnCe WithMCUODS 602(c)and 603(c)of the Social 9ecurity Act(the Act)and"Trwistiq's regulations implenienring that section and guidance. b Recipient wilt detoariioc prio4 to engaging in any FQJ I cct USiME this assiAarice that it has the institutional,managerial,and Financial capability to ensure proper planning,management,and completion of such praject, 2,Period of perforinapgg. J'he period of performance for this; award begins on,the date hereof and end%on 1)eceni[her-31,2026. As set Recipient may use award funds to carver eligible cost%incurred during the period forth in Trea�'ury's implementing regulatiows, t.[iat begins on.March 3,,2021 and ends on Decern ber 31,M44. ,1,Egl2ollilia,Recipient agrees to comply with any reporting obligations established by Treasury,as it relates,to this award. ------ a, Recipient shall mairtain records and financial documents sufficient w evidence comp liance wiffiseclions 602(c)and 603(c),Treasury's regupa:tions implarrenfing those sections,and guidance regarding the cfigtbk uses of funds b,, The],I reasury Offioc of Inspector Uemerat and the Government A"ountabifity Office,or their authorized.rMmsentativcs, shall have the right of ajeoess 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,Cbsts.Pre-amud cost,%as defined in 2 CYR,§200.458,may not be paid with funding,&om this award, 6,Adniniigzaliyg QL)s:L&Recipient may use funds provided tinder this award to cover both direct and indirect,costs, 7'.Luit Shajing,,Cost qhan,ng or snatching funds arc not required to he provided by Recipient, � CQn11IQts Recipient imil west ands awed agrees it must maintain a conflictol'interLst policy consistent wifli 2, C.F.R,§ 21'X).3l 8(c)and that such cone list of interest policy is applicable to eachactivily funded under this amarcl Recipient and subrecipients mustdisclom-in wi4ingto Treasury ar the pass-th'i"OLISh entity,oLS approl�,riate,any potential connict ofinteTest affecting the awarded funds,in accordance with 2 CYR,§2001,112, 2, Lim,aji�&", 'om. a Recipient agreestci cxmiiplywith the requirements of sections W2 and 603 of the Act,regulations adopted by Treasury pursuant to sections,602(f)aind(503(f)of the Act,and guidance issued by'l"reasury regarding,the foregoing-Recipient also agrees to comply with ail other applicable federal statrites,regulations,and executive orders,and Recipient shall provide for such compliance pay Rather parties in any agreements it enters into with other parties relating to this award b Fede ra I regulations app I icah:I e to this award 6c fitide,w ithout I inn:W1 iorl,tile follow ing':' i, Uniform Adininistrative lZequirements, C,ast Principles,and Audit Requirements for Federal Awards,2 C,F,R Part 200,othor than,such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treusury,Subpart F --Audit Ro�;quirornents of the Uniform Guidance, implernenriiig,the Sing le Audit Act,shall apply to this award, it UaweTsal Identifier mid System for Award'Management(SANI),2 C',Y,R,Part 25,ptffsuantto,which the award term sci,fvrdi in Appcndix A to,2 CTR Putt 25 is hei eby incoqxnawd by iefea ence. iii, Reporting 334baward and Executive Compensation Information,2 C F,R-Part 1710,pursuant to which the award term set,forth mAppendix A to,2 C.FR.,Part 170!is hereby incorporated by reference, iv, Mill Guklelines to,Agencics on Gov crnm entw de Debarnientand Suspension(Nonprocerom ent),2 C F,R,Part 180,including the requirement to aiclude a term or condition in a]I lower tier covered transactions(contracts and subcoyib,-,icts described ire 2(.',F,R. Part l80,:sub1.xiTt B)that the award is subject to 2 C.F.R.Part 180 and Treg.s.my's implernerning reguNtion at 31 C-F,k Part 19, Page 33 of 42 Y� Rccipitnt ir4-gnty and PafiirmancL Matters,pursuant to which the award term set forth in 2 t".-F.R Fart 200, AppendiN X11,to Part 200 is hereby incorporated by reference, wi. GovernrmeMwide Requirements far Drug-Free Workplace,:31 Cw ta"R.:Phil 20, vtt, New Restrictions on Lobbying,31 C.F.R.Part'21. vain. 1lraiforaam ftcl=tionAssistiancv and Real Property Acquisitions Act.of 1970( 2 U S.C.§§4601-4655)and irmi plernenting regulations, ix ("enerrally aafp]icablc federalenvkonanenlaal laws and regulations. c. Statutes and regulations prohibiting discrimination appliabla to this award,include,wathoiut lirnitalion,the fcalloww;ing, a t mtla;`v"l of the f,ival Tiibllts,a'tct,-csl`ly'ti4(�2 tl S('w. §2tf[;ard et seas)and l"meaasuiya's iruilmlenmeWmtarzg r°e�malatiaans at:31 C.1i'°1 Part.3 „which prohibit discrimination on the basis ofrace,color,or national origin under programs or activitics receiving federal financial assistance; an 'flee Fair fl.witsing Act,Title tr11:1 of the Civil Bights Act of 1969(42 i.J S t. 3601 at set) which prohibits discrimination in hfoiusmg on the basis of race,color,religion,national oribrrn,,sex farnilial status„or dmsabrlity, iin erection 504 of the Rehabilitation Act of 1973,as anmended(29 § 794),which prohibits discrimination on the basis of diss6ility under any program orac:tivity recemving federal fine` cia➢assistance„ iv, The Age Di.,wrirninaticrn A(1 of 1975„as anmended(42 U.S.C, §§6101 et ;eq),and i'rerasury's rnd,',Oenmening regul'at ons tat,31 C.F.R.Part 23,which prohibit di,scrimination on the basis of age in programs or aa.tmv i ies recamavinp,iciddral financial aassastance,and v "title it of the Americans witli DESaahilitic s Act of 19901 as amended(42 U.S-C.% 12101 et seq.),wbich prohibitors driscraimmanaatiann on the basis of disability under programs,activities,and services proavidwd or made available by state and local governments or insitrurrentalities or agencies thereto. 9 In this event aif'Reoipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations„guidance,or any repcarti.ng2 or other program requirements,,Treasury may impose additional conditions on the receipt afa subsequetat tranche of future award fiends,if any,or take other available iernedim,as set ftailha in 2 C E ll. §200 33p.In the case of wa violation of sections 6,02(c)or 013(c)oft,he ActreVwding the use of funds,previous payments ashiall,be subject to recoupan ent as provided air sections 02{e)and 603(c)of the Act. 1. 'Hatch A" Recipient agr es to comply,as applicable„with regLdrements of the Clutch Act(5 tl �C, §§15101-150N and 24 '7 R"28),which limit cartamn political activities of State or local goveni;ment employees whose principal employment is in connection with ani,atlivmty financed in whole or in part by this federal assistance. 2_J!'zl,st_„ltaaiermamL, Recipient understands that making faulse st aster rents or claims In..connection with this award is a violation of federal,law and nmay result':1z criminal,civil„or administrative saautions,including fires,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. a r Any pUbfications produced with funds from this award must display the following langwage "T°has project fig beingl(wrrasj supported in whole or in part,by federal award number Jeraler project FAIN J awarded to Morrroe Cowity Board of Commmmssioaneis by the 17,5 Deprarimment of the"t'reasury, 14, lad dwc 1 ada.raal r yy; a Any funds paid to Recipient(1)in excess of the aani ount to which Recipient is finally deterinined to be authorized to retain under the terms of this award",(2)that are,determined by the Treasury Office of lra^apector('leneral to have been in isused;or t'3)that.are doLermiiied by Treiastiry to be subject to a repayment obligation.pursuant to sections 602(c)and 603(e)of the Act and have not beam repaid by Recipient;shall constitute a debt to the federal,,government. h A y debts denerinined to be owed the federal government rmusthe paid promptly by R. ipiernt A debt as delinquent if it has not been paid by the date specified in Trewairy's initial written edern and for taay*rtiaait,„unlem other awat.isfaaatory arra'11842YM ants have been made or if'the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a`a). Treasury will take any actions available to it to collect such a debt, Page 34 of 4 l a. The United States eNTiesssly disclaims arty and all resp;�aasibiluty cii°liability to Recipient or third persons for the sactioms of Recipient or¢laird persons resualtin ,in deaatil,bodily rrr,gury„prorcroprerty dam agm,or any anther passes resulting in any way from rlae performance of this award or rant'other kxses resaaltinpl in any way fromi the performance of this award'or tiny contract, car sulac antr^aact under this aaw ard. b. The aecrepatattce of this award by Recipient dives not in any way establish an agency relationship between the United States rand fReci psient.. 'a a In accordance with 411 U&C„:,§4712,:,Rccipatent m ay not discharge,demote,or otherwise discriminate agarrast an employee in reprisal for disc loci tg to array of the list of persons or entities provided below,information that the employee reasonably believes is evideaace,of gross,mismanagement ta,fa federaal contract or grant,a gross waste,of federal funds,an aah nSe,Of ant'ha7rpty relating to ire federa'I cnrbn at or grant,a sail tanha]and wpaeeffic.changer to pnhrohac health or safety„or sa vWation of low,rule„or regulatitan relaated to a federal contract(anchiding the competition for or negatitahion,crf a cot tm,ct)or grant, 1a The list of proerscros and entities referenced in the paragraph above includes the following: a A member of Congress or a rcprrowntaative r f a crr,mmaittec erl,'Congreuss'w ia. An lrarspaeetcwr General; iit. The Government Accountability Office" iv, A Treaaseury°ernproloyee responsible for contract or grant oversight or maaniagenaent„ v An authorized raf•t"icial of thie Department of Justice or other law enforcement agency, vi A court or grand jury;or var. A management official or othe t employee ofRecipient,contractor,tar saabcontnactor•w bo has the responsibility to investigatc,discover,or address"a i i%c(arPduct. c Recipient shall inflates its e npa:loyues in writing of the rights=4 remedies provided under tfus,sectactat,in than predominant native language of the workforce, 7 . a air La the lrl ertt al f tit s PiArsuiant to Executive Order 13043,62 FR 19217(a%prr Is., 1997),Recipient pent. should encourage its contraraatnns to adopt and enforce on-the-job seat belt p o¢licies and programs for their employees when operating caampaany-owned,rented or personally owned vehicles.. lAlhir�e rsvarPursuantto Executive Order 13513,74 FR 51225(Oct 6,2,09),Recipient should encourage it%employees,siu recip cents,and contractors 1u adopttand enforce p o icier that ban text messaging while driving,and Reciparent abou ld establish workplace safety policies to decrease accidents caused by distracted drivers. ()Nff�Approv ed No. 1.5 0 5-0271 Expmation Daw 11/302 021 AS,SURANCE O�F COMPHANCEWIT11(WIL TUGHIS REQUTREMENTS A 9 S LTR�4N CE 01,", (X)MM,,1,AWC E,W I TH,7 1,r L E VI OF T HE CM L RIGHTS ACT OF 1.964 dV,�a condition of receipt of federal,financial assistance from the Dq--nrtment ofthe Treasury,the Monroe County Board of Commissioners fhereinHfIrr referred loas"ffic Recipient")provides the assurances stated herem-The Weral,finanjoial tissistance, may include federal gr8,nL%kians and contracts to provide assiatanc e to the recipient's,beneficiariei,the use or Tent or Federal land or property at below inarket value,Fcderap trairang,a,loan ofFcdaW pent3raid,subsidies,and other arrangements with the intention of providing assisutnee-Federal finaneW assistance does not encurnpass contracts of'Suarantee or insurance,regulated, programs,licenses,procuicinent contracts by the Federal government at market value,or programs drat provide direct benefits. Thisassurance applies to all federal financial assistance fTom or funds rnade available through the DerywAxnent of die,Treasury, including any assistance,ftit the,Rcv ipicnt may request in the future,, The Rights Rc,.storafion Act of 198:7 provides that the provisions of this assurance apply to all ofthe recipient's programs, and activities,,so lost as any PDrti0n Of the recipient's jxograni(5)is federally assisted in the manner proscribed above. I, Recipnent ensures it.s rurrentand future compliance with Title VI of the Cry it Rights Act of 1964,as amended,which prohibits exclusion from participadom, denial ofthe benefits of,or suNection to discrimination under program%and activities reo6wng[Weral funds,of any person in the United States on the ground ofrace,color,or national origin(42 US.C-I'2000�d et seta,),as implemsnted by the'DGpartment of die Treasuiy Title VI regulabons at 31 CFR Part 22 and other perfinew.extx;ufive orders such.as Executive Order 13160;directives,circulars-,policies„memoranda and/or guidance documents. 2, ficcipient ackncMcdges that Executive Order 13 106,"Improving Amoss to Services for Persons with Limited English -Proficieney"'seeks tun improve acicots to federally assisted programs and activities for individuals who,because,of nationtil origin,have Limitied finghsh proficiency(LEP).Recipient understands that denying a person access to its progranis, services,and activities because of LEP is a form of Rational origin discrimination prohibited tinder Tifle VI of the Civil Rights Act of 1964 and the Depaitmentof the Treasury's implementing rejY4,itions, Accordingly,Recipient shall iniule reasonable steps,or c'omply with the Department of the Treasury's directives,to ensure that L h EP persons have rneaningl accessto its programs,,services,and activifiLs.'Recipient understands and agrees that irearimSfulaccess may entail providing languageassistanceservices,including oral inwTpretauan and written translation wheyenecessity,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 fix Treasury has published its LEP guidance at 70 FR 66557,Formore information onLEP,please visit of Recipient acknowlodl;es anti agrees that comphance with this aysuramx coruditutea a condition of continued receipt of fbde�al financial aw0stance and is binding upon Recipient and Recipient's SUMSSDrs,Lransfc=s and assignees for the period in which suchassistance,is provided. 5. Recipient acknowledges and agrees that il.Must rNUITe,arw,y Sub-gntntees,contractors,subcontractors,WOMMOTS, trartsferees,and assivices to comply with assurances 1-4 above,and aagrees,to incorporate the following language in every contract Or 8 9- temeAlt subject to Title VI and its regidaticins betweenthe Reciplentand the Recipient's sub-grant"s, contractors,,s u bcontractors,we oes-wra,traiisferees,and,awigincos: lhe sub-graWec,contractor,subconlractor, succemor,transferee,wtdassignee shall comply with Title H of ire Civil Righty,40 of 1964, which prohibits,recipiews offer eralfinancial assist ice from exc1u4ngfiro"s a program or achidity, (kqpng benkfi ts of or otherw4se&scrinunafing againsf a person on Me ha.s!s qrrace, color or naHonal osigm(42 U.S.C.§2000d e I w q),as implemenled by die,Department q'the Trearutys Title V1 reguladonx,,31 CFR,Pa ri 22, which are herein incotpo rale d by rejarence and mad as part qfihis conh-aci(or agro?0 0?on,P.Ti lie 171 also b 2 C114 ck s prof chop to p e o;Yons v a dth "L i P n ite d A n,g I ish P roft,ie n cy"'in atv prog?-am 0 r act i vi ^rtVOj I tj j 7�!fe&I rU 1.fi na o x-ia I asmsl a n f)td,42 1,1.X(11.§2 0 0 0 d 4,I,anal,,a5�imp lem e n?e d by lira!D e I�a rim e nj of A e Dwasivy,"'W Mite V1 regulations, JI CFR Part 22,andhemn oxcorporaledby W&ence anif made a part c,�this, callract or qgreemenL 6, Jiv6pient understands and ageos that if any real property or structure is provided or im proved with the aid of federal financial assistance,,by the Department of the Treasury,this assurance obligates the Recipient,or in the cease of a subsequent. transfer,the transferee,for die period during which the real property or structure is used for a purpose for which the federal financial=,istance-is extended or for another purpose involving the provision of similar services or benefits.If ally Page 36 of 42 personal property,is pr'rov ided,,this assurancc obligates the Recipient for the period during which it retains ownership or possession of'the property" Recipients all cooperate in any enforcement cir coinpliarnce review activities by the Department of the"Treasury of the satoremn enti,oned ohligsaf:ion Ft'nfinrcednment may include investigation,arlaatration,mediation,litigation,and monitoring of any sctilL went agra-im tints that;may result from these actions.That is,the Recipient shall comply with information requests,, on-site airripl:iance revinvs,and reporting requirement,. & Recipient shall maintain a complaint log and arml"omi the Department of the Treasury of auny cone lai'aiants of'discrarmirnation on the grounds of race„ccnillor,ornatioatatl origin,raid Iimited En offish proficiency covered by q"itle VI of time Civil Rights Act of 1964 and un plern enting 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 VE- p Recip ient must provide docurmerntcaion of an administrative agency's or court's findings of"iron-c;orpmpliamrrce of Title V1 and efforts to address the an rn-cormpliancte,including any voluntary compliance or other agreements between time Recipient arid the aadanninistrative ageLacy that made the finding, If the Recipient settles a case„or rn atter alleging such discri m irnation,the kecipient must provide documentation of the ,ettl'eruccnt df Rt c iptent has not bcert the subject of auny court or ardsnninistrrativre agency finding of utiscri:min atiorn ploaase so AM,. 10 If the Recipient makes;snub-awards to either agencies,or other entities,the Recipient is responsible for ensuring that s'uh-recipients also e nnply with Title'wq and other applicable authorities covered in this document State,agencies that make sub-awards musthaverent place standard grant assurances and review procedures to demanstrate that that they are effectively monitoring the civil fights comapah„ante of sub-recipients, The/hatted States of.Arriefica has the right to seek:�aadictal enforceam ent,of the terms of this assurances document and nothing in this document alters cr hamits the fi deed enforcement measures that the United States may WkC in twdes to address violations of this document or applicable federal law. Under penalty,of penury„,the undersigned official(s)certifies,that he/she has read and understood its obl a atfcans as herein described,that any information submitted in conjunction.with this assurance document is accurate and complete.,and that the Rec #ism;Pny /tan.ceavtththeaftarementiomednondiserumunatuonrecquiea ents. _ '. , Recipient"t Date TinaNry a B o a ni �1tOn rlflyd`u�ik1'r1E dwl�lrl'Y 6SL�Ixr yai raratuae of Authorized Official: PAPERWOR K REDUCTION ACT NOTICE Tlaa is formation collaued wffl tie ase d fcr urtiu U,8.Gova;rovieilt to process raxlaae»ucts fur support.TTae estt mated bm*n amiocjaWid avfth tta s collection of inform AJon is 15 amnrraaaes 1w restactaaise c auanaatem as c atteetroroant the aWou rdq of tl is baardejx estkntate and o"ea ions fur m daciaa,a tNB burden should be directed to tine Office of 9arivmcy,'t'Tarolmn4y anti Pxcords,Depmtulent oft lie Treasury,1500 Ptraaasylvanzaa Aw.„N"tit",.,Waasku nt firma,D.C.20220 DO NOT rend da,, is ran to On adadress,An agency may nA conduct or sprmascr,and a prson is turd nquind to rrsVxid,to,a collectiart of inn rnruatian uxafess it ctsltays avmalid oxftol nuu*er anignedtq OMB, Page 37'of 42, IS LAN D R-F L JKC CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) �— 8/22/2023 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 (888)401-4774 CONTACT William F. Comiskey Jr. CIC Exclusive Programs,Inc. jaH"/c°°,"ro,Ext>:888-401-4774 FAX "0):888-465-0444 www.exclusiveprograms.com E-MAIL COI@EXCLUSIVEPROGRAMS.COM PO Box 29-4170 ADDRESS: Boca Raton,FL 33429-4170 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Evanston 35378 INSURED Island Restrooms, LLC. INSDRERB:Key Risk Insurance Company 34630 PO Box 1197 INSURER C:Service Lloyd's Insurance Company Tavernier, FL 33070- INSURER D 7 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 2AA381271 4/8/2023 4/8/2024 DAMAGE TO RENTED 100,000 Y N PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT 1,000,000 Ea accident $ X ANY AUTO Y N BAP2040124-10 4/11/2023 4/11/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ PIP Limit $ 10,000 UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER 10620 9/30/2022 9/30/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N N N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 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,its employees and officials are named as Additional Insured. Notice of Cancellation is 30 days except for non-payment is which is 10 days. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners, its employees and officials AUTHORIZED REPRESENTATIVE 1100 Simonton Street Key West, FL 33040- 1 .r ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IS LAN D R-F L JKC CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) �— 8/22/2023 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 (888)401-4774 CONTACT William F. Comiskey Jr. CIC Exclusive Programs,Inc. jaH"/c°°,"ro,Ext>:888-401-4774 FAX "0):888-465-0444 www.exclusiveprograms.com E-MAIL COI@EXCLUSIVEPROGRAMS.COM PO Box 29-4170 ADDRESS: Boca Raton,FL 33429-4170 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Evanston 35378 INSURED Island Restrooms, LLC. INSDRERB:Key Risk Insurance Company 34630 PO Box 1197 INSURER C:Service Lloyd's Insurance Company Tavernier, FL 33070- INSURER D 7 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 2AA381271 4/8/2023 4/8/2024 DAMAGE TO RENTED 100,000 Y N PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT 1,000,000 Ea accident $ X ANY AUTO Y N BAP2040124-10 4/11/2023 4/11/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ PIP Limit $ 10,000 UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER 10620 9/30/2022 9/30/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N N N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 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,its employees and officials are named as Additional Insured. Notice of Cancellation is 30 days except for non-payment is which is 10 days. Ix WA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners, its employees and officials AUTHORIZED REPRESENTATIVE 1100 Simonton Street Key West, FL 33040- 1 .r ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD