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Item C33 C33 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: C33 2023-1492 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Knight n/a AGENDA ITEM WORDING: Approval of an Agreement with Musco Sports Lighting, LLC as a sole source provider in the amount of$327,500.00 for the installation of new sports lighting to extend and add onto the existing lighting at the Big Pine Community Park. This project is funded by District II Impact Fees and the American Rescue Plan. ITEM BACKGROUND: The existing lighting system at the Big Pine Community Park was installed in 2019 and consists of Musco lighting system that has a 10-year warranty. The Parks and Beaches Department has since requested Project Management to extend the lighting system to include the proposed soccer field and increase ballpark lighting. The new work includes adding 2 additional poles, installing additional light fixtures onto an existing pole, and replacing one pole by reinstalling existing light fixtures while adding additional fixtures to properly light the soccer fields. This project will also include the addition of light fixtures onto an existing pole that serves the baseball field and playground areas. To maintain conformity with the existing Musco lighting system, and to not void current warranty coverage of the system in place, it is necessary to utilize Musco as a sole source vendor to perform this work as it both expands and modifies the existing system. Staff is asking for approval of an Agreement with Musco Sports Lighting. PREVIOUS RELEVANT BOCC ACTION: n/a 1813 CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval of Agreement DOCUMENTATION: Agreement—Musco—BP Park-Lights_signed.pdf Memo - Sole Source—Musco Revised—signed.pdf 2023 09 COI Musco signed exp 7 1 2024.pdf FINANCIAL IMPACT: District 11 Impact Fees: $304,000.00 (FY24) 125-06066 ARPA: $23,500.00 (FY24) 1814 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 20th Day of September 2023 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Musco Sports Lighting, LLC 100 First Avenue West Oskaloosa, Iowa 525,77 For the following Project: BIG PINE COMMUNITY PARK SPORTS LIGHTING ADDITION Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Documents and Specifications, The Contractor is required to provide a complete job as contemplated by the documents and specifications, which are a part of this Agreement. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Work shall include installation of new lighting on existing light poles, installation of additional lighting on new poles, installation of new wiring in existing conduit when possible, and new hardware where required. Installation of lighting system should meet current requirements of the International Energy Conservation Code (IECC) adopted by the Florida Building Code. Scope of Work includes all items outlined in, Attachment C — Contractor Quote and Attachment D — Drawings and Specifications. Contractor Responsibilities: 1. Provide required poles, fixtures, electrical enclosures, mounts, hardware, wire harnesses, and control cabinets. 2. Provide fixture layout and aiming diagram. 3. Provide Project Management as required. Page I of 61 1815 4. Assist subcontractor(s) and ensure responsibilities are satisfied. 5. Obtain any required permitting. & Provide labor, equipment, and materials to off load equipment at jobsite per scheduled delivery. 7. Provide storage containers for material, (including electrical components enclosures), as needed. & Provide necessary waste disposal and daily clean up, 9. Provide adequate security to protect delivered products from theft, vandalism, or damage during the installation. 10, Confirm the existing underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment. Repair any damage made during construction. 11. Keep all heavy equipment off playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair, 12. Provide startup and aiming as required to provide complete and operating sports lighting system, 13. Installation to commence upon delivery and proceed without interruption until complete. Demolition: 1. Remove and dispose of (2) existing lighting poles,, luminaires, and electrical component enclosures. Existing fixtures will be mounted on the (2) new poles adjacent to tennis, courts. Retrofit Equipment to Existing Poles: 1. Provide labor, materials, and equipment to assemble and install LED@ equipment on existing poles and terminate grounding and power feed. Power feed may need to be reworked to adapt to the new Musco equipment. 2. Ensure grounding components meet minimum standards required by NEC and NFPA780. 3. For concrete poles provide new lightning down conductor(aluminum) and 5/8" copper ground rold. For poles 75' or less use 1/0 AWG, poles over 75' use 4/0 AWG conductor. 4. Down conductor shall be converter to copper wire for any underground runs and bonded to ground rod(s). 5. Ensure all components are bonded to both equipment and lightning grounds. No upward sweeps allowed for lightning down conductor or bonding jumper(s). See installation instructions for further information. 6. Test ground resistance with 3-point megger and confirm 25 ohms or less for each pole. Install additional ground rods or create grounding grid until resistance of 25 ohms or less is achieved. Page 2 of 61 1816 Foundations, Poles, and Luminaires: 1. Mark and confirm pole locations per the aiming diagram provided. If there are any issues, immediately notify your Project Manager. 2. Provide labor, materials, and equipment to install foundations as specified on Layout and per the stamped foundation drawings, if applicable. 3. Remove spoils to owner designated location at jobsite. 4, Provide labor, materials, and equipment to assemble LED luminaires, electrical component enclosures, poles, and pole harnesses. 5, Provide labor, equipment, and materials to erect 4 dressed Poles and aim utilizing the pole alignment beam. Electrical: 1. Provide sealed Electrical Plans, 2. Provide materials, and equipment to upgrade existing electrical service panels as required. 3. Provide materials, and equipment to reuse existing electrical wiring as permitted. Where necessary, extend circuits, install all underground conduit, wiring, pull boxes, etc, and terminate wiring per electrical design, 4. Provide as built drawings,on completion of installation, Control System: 1. Provide labor, equipment, and materials to install Control and Monitoring cabinet and terminate all necessary wirings. 2. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not available. 3. Check all zones to make sure they work in both auto and manual mode. 4. Commission lighting. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 10. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A Page 3 of 61 1817 ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Fifty (150) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial, Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion, The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50M/Day $100.OO/Day $250.00/Day $50,000-00-99,999-00, 100.00/Day 2001.00/Day 750.00/Day $1 00,000.00-499,999.00 200.00/Day 500.00/Day 2,000,00/Day $500,000.00 and Up 500.00/Day 1,000M/Day 3,5010.00/Day The Contractor's recovery of damages and sole reined for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance, Any delay or failure of either Party to perform its obligations Linder this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature Could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake,, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c)war, invasion, hostilities(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or Supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably lik6ly to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circurnstance, Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as, a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for Such reasonable time as the Owner's Representative may determine. Page 4 of 61 1818 ARTICLE 4 Contract'Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Thiree-Hundred, Twenty-Seven Thousand, Five- Hundred and 001100 Dollars ($32 ', 00.00)„ subject to additions and deductions a provided in the Contract Documents.. 4.2 The Contract Sum is based upon the following alternates„ if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A ARTICLE 6 Progress Payments .1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sumo to the Contractor as provided below and elsewhere in the Contract Documents, 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month,. 53 Payment will be made by the Owner„ upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act(Section 218.735, Florida. Statutes) and Monroe County Code, The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller(County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract.Documents, The Schedule of Values shall allocate the entire Contract Sum among,the various portions of the Work and be prepared. in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 6.6 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application,for Payment. 5.6 Subject to the provisions of the Contract Documents,, the amount of each progress payment shall be computed as follows:: 6.&1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract aura allocated to that portion of the Work in the Schedule of Values, less Page 5 of 61 1819 retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed: construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.&3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9,5 of the General Conditions. 5.7 Retainage of five percent(5%)will be withheld in accordance with Section 218.735(8)(a), Florida Statutes. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in Section 01027 (Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien! (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (,PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). Page 6 of 61 1820 B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance, materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision, of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners, In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7,5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six(36) months from the date of being placed on the convicted vendor list, Page 7 of 61 1821 T6 The following items are included in this contract! a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later or 2) a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFI §200.33, if appliicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years followings the termination of this Agreement. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Further, the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Section 602(c), Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives,shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made,available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges, related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site,witnessing the distribution of payroll, verifying payroll computations, overhead computations, Page 8 of 61 1822 observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations, with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten(10)years after Final Completion of the Project,The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relatingi to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. b) Governing Law, Venue, and Interpretation, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive,their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severabili,ty. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,, conditions and provisions of this Agreement, shall not be affected thereby and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs, The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and courts costs in appellate proceedings, e) Binding Effect, The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns, f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had Page 9 of 61 1823 ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to, arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7,6 or Article 8 concerning termination or cancellation. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be, no: discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title Vil of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794)1, which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse: 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527(42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to, nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990(42 USC,§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disabil,ity;, 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, Page 10 of 61 1824 color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp,, p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R, Part 200, Appendix 11, C, agrees as follows: 1. Thee Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,, without regard to their race, color, religioln, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be lim,ited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor agrees to post in conspicuous, places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on, behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an, employee who, has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of Page 11 of 61 1825 the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. & The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and! by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor, The Contractor will take such action with respect to any subcontract or purchase order as the administering age ncy may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,1 which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C, § 2000d et seq., as implemented by the Department of the Page 12 of 61 1826 Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. k) Covenant of No Interest, County and Contractor covenant that neither presently has any interest, and shall not acquire,any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to, perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information, m) No Solicitation/Payment, The County and Contractor warrant that, in irespect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement, For the breach, or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed,, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-19901, 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 puce, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. of Public IRecords Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record"' materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Page 13 of 61 1827 The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service, (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to,the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored! electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's,option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 1 19.10, Florida Statutes. The Contractor shall not transfer custody, release, alter,destroy or otherwise dispose of any public records unless otherwise provided in this provision or as otherwise provided by law. Page 14 of 61 1828 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE 305-292-3470 BIZADLEY-BRIAN(ii,)MONROECOI.JNTY-FL.GO�V, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768,28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercialliabifity insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions, under this Agreement within the territorial limits of the County, shall apply to the same degree and' extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County, r) Legal Obligations and Responsibilities: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon,the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. s) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute and case law. t) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them,, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Page 15 of 61 1829 u) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include, but not be limited to, a Public Entity Crime Statement, an Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace Statement. v) No Personal: Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement, w) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart, x) Hold Harmless, Indemnification, and Defense. Notwithstanding any, minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against(i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss,damage,fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection, with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct,errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this, Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the, Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. Page 16 of 61 1830 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph,is intended to nor shall it constitute a waiver of the(County)Agency's sovereign immunity, United States Del2artment of the Treasury Indemnification To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. y) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement, z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement, The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws, and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. 2 CYR 2010.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a, If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 C.F.R. §200.32 1,the Contractor shall take the following affirmative steps to assure that minority businesses,, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include; (1) Placing qualified small and minority businesses and women's business enterprises,on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or Page 17 of 61 1831 quantities to permit imaximum participation by small and minority businesses,, and women's business enterprises; (4) Establishing delivery schedules, where the reg,uirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, p�g�o�date, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section, aa)Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the County as additional insured. bb)Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County, No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees,of the Board of County Commissioners of Monroe County. cc) E-Verify System. Beginning January 1, 20121, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall, utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448,095, Florida Statutes. dd)Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written,, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners and signed by both parties before it becomes effective. ee)Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. IPage 18 of 61 1832 73 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain,the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: James M. Hansen, Secretar Mu:sco Sports,Lig!tin g, _LLC 100 First Avenue West Oskaloosa, Iowa.52577 For Owner. Director of Project Management Assistant County Administrator PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 County Attorney 1111 12 th Street Suite 408 Key West, Florida 33040 7.8 FEDERAL CON RACT 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,FR. Part 2001, as amended, including but not limited to: 7.8.1 Contract Work Hours and Safety Standards Act (40_U.S.C. 3701-3�708 . Where applicable,, which includes all Department of the Treasury grant and cooperative agreement programs, all contracts awarded by the County in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 702 of the Act, each Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week, The requirements of 40,U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts,for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic Page 19:of 61 1833 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 compensabon at a irate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the, District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (b)(1) of this section, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of 29 C.F.I . §5.5. (3) Withholding for unpaid wages and liquidated darnages. The Federal agency shall, upon its own action or upon written request of an authorized' representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b)(2)of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.I . §5.5, Paragraphs (b)(1), through (4), and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 291 C.F.R. §5,5, Paragraphs (1) through (4) 7.8,2 Rights to Inventions Made Under a Contract or Ag[gement, If the Federal award ni the definition of "funding agreement' under 37 CFI §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFI Part 401, "'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative, Agreements," and any implementing regulations issued by the awarding agency. Page 210 of 61 1834 7.8,3 'Clean Air Act (42 U.B.C. §7401-7671,q.) and the Federal Water Pollution Control Act,(3 U.S.C. 1251.-1387, as amended). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Art (42 U.S.C. §§7401- 7671q), as amended and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to the Department of the Treasury and the appropriate Regional Office of the Environmental Protection Agency(EPA), The Clean Air Act(42 U.B.C. 7401-7671 q,) and the Federal Water Pollution Control Act(33 U.B.C. 1251- 1387), as amended—applies to Contracts and subgrants of amounts in excess of $100,000. The contractor agrees to include these requirements in each, subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the Department of the Treasury. 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 the Treasury and the appropriate EPA Regional office. 7.8.4 Debarment and Suspension (Executive Orders 12549 and 12�8U9 —A contract award under a "covered transaction," (see 2 CFR §180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R, Part 1989 Comp., p, 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at WVAQ,_siarn.&,y. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935)or its affiliates (defined at 2 C.F.R. §180,905) are excluded (defined at 2 C.F.R. §180,940)or disqualified(defined at 2 C.F.R. §180,935). The Contractor must comply with 2 CF.R. pt, 180, subpart C and 2 C.F.R. pt, 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. Pt, 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, including that the award is subject to 2 C.F,R. Part 180 and the Department of the Treasury's implementing regulation at 31 C.F.R. Part 19. 7.8.5 Byrd Anti-Lobbying Amendment (31 LLS.C._1352 —Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other Page 21 of 61 1835 award covered by 31 U&C, §1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s), to the awarding agency. If the award exceeds $100,01010, the certification, attached hereto as Attachment "B" and made a part hereof, must be signed and submitted by the Contractor to the County. 7.8.6 Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322. The Contractor must comply with Section 6002 of the Solid'! Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines, In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 1 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, lit S�11�LdLNV.,piLd4,P —P 2 The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 7.8.7 Prohibition on certain telecommunications and video surveillance services or equipmen 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 (1:1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract(or extend or renew a, contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (I) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Page 22 of 61 1836 Corporation, Haingzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (fli) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country, 7,8.8 Domestic Preference for Procurements as set forth in 2 CFR §200.322 The County and Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawairds including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manUfa-CtUring processes, from the initial melting stage through the application of coatings, occurred in, the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as alliuminurn; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 7.8.9 Copeland "Anti-Kickback" Act (2 C.FR 200, Aor)endiX ll_idix I UD . 40 U.&C, 3145). This section applies if the contract is in excess of$2,000 and pertains to construction or repair, and further, if required by Federal program legislation. Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.Q.C. §3145), as supplemented by Department of Labor regulations (29 C,F,R, Part 3), "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"), The Act provides in part that Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which it is otherwise entitled. The County shall report all suspected or reported violations to the Department of the Treasury. Other Federal and Department of the Treasury Requirements (as applicable) 7.8,10 Americans with Disabilities Act of 1990,ras-amended (AI). The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 7.811 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by the Page 23 of 61 1837 Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. 7.&12 Changes to Contract. The Contractor understands and agrees that any cost resuilting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project ,and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 7.8.13, Compliance with Federal Law, Regulations and Executive Orders. This is, an acknowledgement that Department of the Treasury financial assistance will be used to fund the contract only. The Contractor agrees to comply with the requirements of Section 602 and Section 6031 of the Social Security Act, regulations adopted by the Department of the Treasury pursuant to,Section 602(f)and Section 6,03(f)of the Act, and guidance issued by the Department of the Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Contractor shall provide for such compliance by other parties, in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C,F,R, Part 200, other than such provisions as Treasury may determine are inapplicable to this award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance,, implementing the Single Audit Act, shall apply to this award. ii, Universal Identifier and System for Award Management (SA ), 2 C.F,R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C,F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Subtitle A, Chapter 1, Part 170, pursuant to which the award term set forth iin Appendix A to 2 C.F.R. Part 10 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (NonproCUrement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180,subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19, Paige 24 of 61 1838 V, Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C,F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) aindl implementing regulations. ix. Generally applicable federal environmental laws and regulations. 7.8.14 No Obligation byEederal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County/non-Federal entity, Contractor or any other party pertaining to any matter resulting from the contract. 7.8.15 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 7.8,16 The Contractor shall utilize the U.S, Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.17 The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance,Agreement between the County and the United States Department of Treasury attached hereto as Attachment "A" and made a part of this Agreement. 7.8.18 The Contractor shall hold the United States and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this,Agreement, to the extent allowed and required by law. 7.&19 Energy Efficiency. If applicable, the Contractor will comply with the Energy Policy and Conservation Act(P,.L. 94-163;42 U.S.C. §§6201-6422)and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 7.8.20 Conflicts of Interest, The Contractor understands and agrees it must maintain a conflict- of-interest policy consistent with 2 C1.R. § 200.318(c) and that such conflict-of-interest policy is applicable to each activity funded under the federal award as set forth in Attachment A. The Contractor and subcontractors must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 2001.112. 7.8,21 Remedial Actions. In the event of the Contractor's noncompliance with Section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any Page 25 of 61 1839 reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F Rt 00.3,39, In the case of a violation of Section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in Section 602(e) of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(111) of the Act, as applicable. 7.8.22 Hatch Act.The Contractor agrees to comply, as applicable,with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this,federal assistance. 7.8,.23 Publications, Any publications produced with funds from the federal award as set forth in Attachment A must display the following language: "This project[is beingi][was]supported, in whole or in part, by federal award number [enter project FAIN) awarded to [name of Recipient] by the U.S. Department of the Treasury." 7.8.24 Debts Owed to the Federal Government. a) Any funds paid to Contractor (1) in excess of the amount to which the Contractor is finally determined to be authorized to retain under the terms of the federal award as set forth in Attachment A; (2) that are determined by the Department of the Treasury Office of Inspector General to have been misused; or(3) that are determined by the Department of the Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Contractor shall constitute a debt to the federal government. b)Any debts determined to be owed the federal government must be paid promptly by the Contractor. A debt is delinquent if it has not been paid by the date specified in the Department of the Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Attachment A.The Department of the Treasury will take any actions available to it to collect such a debt. 7.8.25 Disclaimer. a) The United States, expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of the Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment A or any other losses resulting in any way from the performance of services pursuant to any contract or subcontract under this award. b) The acceptance of the funds provided by the federal award as set forth in Attachment A by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. Page 26 of 61 1840 7.8,26 'Protections for Whistleblowers. a) In accordance with 41 U.S.C. § 4712, The Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract(including the competition for or negotiation of a contract) or grant. b) The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or ViL A management official or other employee of Recipient, Contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c)The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce, 7,6.27 Increasina Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the Contractor should adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 7.&28 Reducing Text Meaaggjag_3Nbj!�g I rwin Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and subconitractors to adopt and enforce policies that ban text messaging while driving, and the Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. 7.&29 Executive Compensation, As required by 2 C.F.R. Subtitle A, Chapter 1, Part 170, the Contractor must report the names and total compensation of its five most highly compensated executives and the names and total compensation of the five most highly compensated executives of its subcontractors,for the preceding completed fiscal year if: Page 27 of 61 1841 (a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. 170-320; (b) the Contractor received 80 percent or more of its gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the 'Transparency Act, as provided by 2 C,F,R. 170.320 (and subcontracts); (c)the Contractor received $25,000,000.00 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. 170,320; and (d) the public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C, 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and Exchange Commission total compensation filings at !,1-!1P.:JLw-wws,(-,c�inoy,Ll ARTICLE 8 Insurance 8,1 The Contractor shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. &2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida, The coverage shall contain an endorsement providing thirty (30) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. 8.3 Contractor shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440, Florida Statutes. B, Employers" Liability Insurance with limits of $500,000 per Accident, $500,000 Disease, policy limits, $500,0100 Disease each employee. C. Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or inon-owned vehicles, with $200,000, per person, $300,000 per Occurrence, $200,0001 Property Damage or$300,000 combined single limit. Page 28 of 61 1842 D. Commercial General Liability Insurance, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Contractor or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Singile Limit E. An Occurrence Form policy is preferred. If coverage is changed to, or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. F. County shall be named as an additional insured with respect to Contractor's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G, Contractor shall require,its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of Contractor if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subcontractors. H Contractor shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured, The County reserves,the right to require a certified copy of such policies upon request. L If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required, In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. ARTICLE 9 Termination or Suspension 9A The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions, 9.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five(5)calendar days"written notification to the Contractor. 9.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 9A Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination,the County shall provide Contractor with seventy-two(72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. Page 29 of 61 1843 If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup moniies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall, pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 9.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287,135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.7 For Contracts of $1,000,000 or moire, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agiency'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. ARTICLE 10 Enumeration of Contract Documents 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: N/A 10AA The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. Page 30 of 61 1844 10A. The General Conditions are the General Conditions of the Contract for Construction. By signing this Agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County webpage: I'Lltsn://fi-i-noi,iiroecot,iiity,citviicp Lj� qa&ap?S2CatlD=1 8_L_�,cornlBids.a .,- 10.1.3 The Supplementary and other Conditions of the Contract are as follows: N/A I O,1.4 The Addenda, if any, are as follows: N/A This Agreement is entered into as of the day and year first written above and is executed in at least one(1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 31 of 61 1845 Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman �Date (SEAL) MONMDE COUNTY ROVED ATTOR FORM NEYS 04-FICE APP ASTO -�,�sys-rANT COUNW AT-1 OMEN DATA: =2023 CONTRACTOR'S Witnesses Attest: Contractor midst provide two witnesses CONTRACTOR: MUS S, CRT Signatures LIGHTING, LLC Signature� 41 Signature, Print Na?e: j�illl Sandeen Print Name: James M. Hansen Date:— August 31, 2023 Title: Secretary And Date: Au ust 31, 2023 SignaturellmAff��Vl� Print Name: Madison Steinke Date: August 31, 2023 STATE OF IOWA —, COUNTY OF MAHASKA On this 31 s,t day of August _, 2023, before me, the undersigned notary public, by means of X physical presence or 0 online, personally appeared James M. Hansen - (name of affiant)known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for BIG PLANE COMMUNITY PARK SPORTS LIGHTING ADDITION for the purposes therein contained.. MELNDA K.W Notary Public I ALTERCommission Number 7465M Print Name Melinda K. Walter My Commission Expires My commission expires: 04/24/2025 (Seal) Page of 61 1846 GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information®- (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 33 of 61 1847 ATTACHMENT A CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNti DS FINANCIAL ASSISTANCE AGREEMENT Page 34 of 6 1848 (MR %ppimed \o I i05-0,T71 Expil low 11 3l � S 011ll\kil�H"N'l l HIT,: lul"AS1, K) 0 MUN AIM[ SST\TF A\0 1 UCAL HWURR I AT AY 91-NDS . ...................... Heci[wl lianiv a W a(llp Dt NS Nl a Mll l Board 'Ja\pa)o Wl,�imficatilm Numbor 596000749 p HOB Simowon Strvd koom 2 20 As,4mance LIsfing Nmuhm-mlld 11 alc 2, 027 Kc,Wes�l Homh 1304l ----- Nib 1 , M), 117-2 d lc 'd� 1 11 ?l I)ai ithlpI Jzc ffill Dolsam notH prat,I lw'11'i casm to Inal,c paN l Ill I(I I"I"i L'I PRI A.'c Iplim b�firo III the Fluid l6x� ipwlnlls hae'hv ll os'at colujilk"I to ivo6vog W6 pmmm lim Fln mlll agll(0 Ole l alt"Iched heloo Recipwrit OWMW signed by nne Boan I n a B()a ri Date 2022 08 02 09�1 ��02 -0100, .................................. Aufll \al Tmo Haan SAMW OW S .............. I S I)I"polmlcm oCdW ................. sli"Imlmc Iahoxc) mdal \I'Ilhowol ------------------------- de ChO HQ'�ow� C -�")rficd' ± My%WW 101 RON I"I'll........... ..............- cmmom mlweN 11111,ow u,o r,w—q lhi �unlo I V'H'IWIls F'I fv"'JuI:0111 1hr,klgdendwu d (0 Ihm C)WcM Ol I'( "IC 1 I:m o�Iolic,�mi,tl orck 'MI' Ioluls 1,mo W,a% vlq m '"[I DC :0I "2O DO'J)F wnddw Page 35 of 61 1849 U,X DVIIARTAWNT OFTI I F.TREASURY (A)RONAVIRUS STAfl,,'FtS('AL AND CONDITIONS the,rundsdpsbur-wd unde.rdikmvardmay only lie kl".ed in conilihanu mth!,eLllorls hnancudeapabifity to m,,iklire plaKrymmim,MaMqM1CnL and complbuon ofswh pyWet ]'lie penad ot jierfornliance k)r 1his n"vard howns kill 1110,date hervokind raa 3 on I)ecenlba fl,AQ�� sot k)dh inTrea."Ory"',filiplIernent"ag regkdations,RcCipiqallt May Un M"w IMS W aria el"Weents NUMA low to peNd M beWns on March 3,201 mul axin on Member M,0124, Necipicill'"New M ccarauOy wail M'W WNSW AlTatims eswWwwMW how"ns A Slat"W Sk mard a, R Wipient slaffl Illi'liniaill rum&and Am&& to ev ldclior sectwns(4)2(c)and fliow sections,and pidanoo reg"la"fing the Chgible as!s of fklmk b The lhaswy Mce of WVwWK%aM and Ow Umvimment NamiWIlity()ft'jCV'.oir flieii: author lzed '11A haw Ole a ighl to ro'cords and crowlivise)of Kaipiont in order to conduct mwlr ca,other c Room,&sJi:afl lac.moinlililw'd by Necipient for a period of Cive,(w)yoar'.';a6or:fll funds hvivo been c',spvililed or raurtled to Flcwwly'whiohevor is h ter llrc-a%vffd aw&final in 2(',Kk§Am At mq Wv pid wA Whig Wm dm mair"t ar-e not RN#ll RN]tea hO 11MV IdOd by Recipient. 1LL"wtJhCL"L)L1WaLC""'L Recipicni under�gan(ktimed agives R niust muhmin""MM vN&wa p0q winAteM WA 2 0 RE§ TUM SW anj Ow wOi owithd d wwwqxdicy N qVialk M W actikay lbulid art a IS aa,W Reclping and linisl discloso in wdtkg to T"moury or Ow NwQwqh enut�'wa,"Ipproprgile—Illy po4erftd corlflk„a ;ffotaing thoinvaided furids K wwrilmn with 2 QRk §A A H 2 LILL(I)MIAL , )�Itjcablx I'my a ImmmA w won,NQO mW wpo ate Ot aW WAM"mmlTy Tram"rqmhg TANymnp karipientako Oliva W am"Y MiS MOW"N WAR Mra d"takutes,reg pdatiom�'arld exk°('"utivo ordel'!;'and lZecipent,�Jmll provide For such couphmme hy odur pmiws vin my Vmmain 1 mWirs Ow with tither Nmiks MW h)IN m"K 1, Fedol-a I logulat appd WARM thinaswwaaad he Wow Oow"MOMAh Q%fig: i, Pail D 14),Othe'r fl'lan slwh pro)ORMS an Treaviry nmy detam rne am inq~W w MN AM as nOW wimixf) he OlhtTwlse provEckd by retlsuiy Sullpart P" Audit Requtlements of the Undionn(;uUmce, imploownfing,khi•Single AridaAck,shaffl appIy to this awatd. ii, i, nivel';al kk-'n6tier andSymein foa,Award N%%vrroH(SANO,2 C RE P,21 jiumm W M6 We mmd Win sN Rmh K,Qpvn1xA to..('.F R1 Ixtiruz 2 is hereby inooil-iorawd by veforomo hi lOr"Per,"Mmy tea WK6 thew W%Kl Willi Nrt iv ONIB to Agellow""r orl Debarment and 2,CF R, Pall 45MOV to wqlAwmal to IwWde a Wrin or calWhAi in all Iowa tier conred musmahnis tomViards viml impknwnung rquhttwn at 31 CF R.Nit 11) Page 36 of 61 1850 v 1''eclpvievlt pnta�raty.and l let pearnuaance Miat ts,p ursnaant to which the awvaraal te•a'nw set fawrah in ',(',F,R, No Drr;w, ,'OpTcawela:rt dap WOO N pwcrd,hwcrawrpaawrdatcacl by aefe;rcncc- vM Rogtuprenwcmts for flrtapp-Pree lw'twr'f Iwiaw�ma„31 C F 9w Part?or. v ii Nevv Rest'.rAchon,on Lobbying,inn,31 r°h R.91awa t?t. %,ill Act of'[9?1a(42V3 )t' 46+rl and rnapwlemenputrpr rcp,aihrtiawnvs. aw C'1Ontraply aIppvhrnawle farodet'1 c°rrvar0nna0nh11 t.aWS kind J-e6U1ali0nrw, a:r at,rtaatlt t>aural reptaiLlfiom,14-ohifvrling ehscrrrnrnatitwn apwpwlu;AW taw 61w0r mvtartlp Arwt,lrrt,evpthawan hntut'stieraw,tlu¢^@rllrnvm'lg,,' i TAN a°Q vaf dwaH t K H RIht^„3 AM awt I rd W(42 1)S V §§,wurrXW a r seacg y and t ra,.aasury`s rrt'l lwlcrwac°ntAV roodathwo at 31 opt 1'awrt 22 whid;pwrawhibb clrswmAwra Kwi awn drat lr,a.,&r we,cahq%tar rrar9.grwrr aV ter wg.*iww rarwaE r�pwrarfr rrnw+a a„rr awativaies ru+ceiv'¢aufr,federal finnn i ali assisaance, A The FKr f°Wu sing AL Ille wv u i or ow no l Rra*h'tim Ad o l'; A 02 U S C §§"Wr l a t r zrs,1 p,vv%uA6 IwraaG ulwpt el'p;;tt r rrn ruati,cwrw an htrnsirrp on that b asr s OC r�iice° cawlcar,re°4ap t�rr„national 017121rw •craw,,Caarwld6l starters,Or rh aalwih'ty, rn Necapaarn.504 twl flit°]d<rlluapvaprrsstGewr`w Act off 973 as anrcnalad(29 1 S C §7941 wvTich prrtrh'pbin ah.s,rpinrnsati-cun tort the h,mi,rvt'tlfstpaatity Linder wowy pur'¢:rfwmwww or actrtty'rocoi rnvw 60,deraa f narwc r.al a.,aAa har7a°c;, ry 'R'lac.wf�,v9`aacrrrrtrrw<tali;arwAcoU1".rJS,ewt:antena9zd4`421 'gib,(' §§t`,ila;tawt eq),,�rd'fra•raa;t.raw"rsiniplerwwentmv, r e:„eihatarwn ,it ;I d;FL.RJOH 21 which pwrcihahah epk raft prwaimm on the la rsiaH cv1 ag.v in or aacan rtres: rcCCR VIS pcela weal finOnCo al alftd v I ale I of ho,lawta°rscarls with Diw,rlwilrAs Act of lydasaa,as strwre n&d(2 IA";( 1'1W ct srap,'j Midi partwhlits ala airitruaswaw a>rt we Not!,of,alissrhalaty tnider laravgruns,ackSs,.mown scrvaces parcwvrded or mad art Huble by sure and frwa"d p;a°k winnent.5 rwr rrwslreataaenralrtws or d0goncies oheretcw. 1.a?Av^tMU1_AgUm.In Me ev nA of IUrp Ont's rwtarac;awrcrowpalatance walh alltwo 60 and w U3 of tlwe^QL Mier ap Owalrle laws,, 1le�aSa,rr,)' rsuwpwpcsuwcautrn ,rat;nleattewrt?s.,t.tuid-wtce,cw miy rarlxwrtartg or other pwrngasawr rcCp'rarr`catwcrats; I rvaasaary nw°aw prnpAosc aaa difirnal cawrtclrti ns„rr 11W r''c 31,11 Of N srrba,vcgaw nt tranche eaf 8"rrttwrev,wvv'warvp fnwid,,daisy,or lmlaa tvalaw^r mv'rtrblwla r cnwetlww s was w1 furwth in C p'R §"t M Md;r lra llw a„�rr; rw1`wr vs<a1aR iawre tap'e, ctaaroaes, ita i e)trr r ll(tw,p evd`this,1t t rvrtlari apwrwpm t1wa:wr:ne a,f fuuaal n„lar�w ramaaw 1,;wy`rtrcawr.a ,lv�rpl lvc s>aahlc^s°B,taw rsa.wwtsiatwwti,tf1�aa pwa•t,uworclvei arr.^;c?a•twvasa^>art'p�"ue)rarwap r„'�raov}tap''tkwr~,�'hcl- Jj—jj t..i Y.,Rccrpwrc irll q,,,rces to cwnwpwpy,as applicable,vvarlw rcwclarne^rne^nt�s of the"a wh yap 0 f s i way l stl N-'I'wf S arrd.p 1121-732 b.which lituwrl cerWin polmc al a¢ctivutre,of Siato h,I local p ovarrrrnwcnt cirapwltsy e,is nv ho!a e,pwrarrcipwal canpwltwyme w ws An raawa�a;tpnrw vvrth an aarivut�y Riuwaawcod in who e or rrw pal l by this ft:�alw ral yt..daaotranta°, Recip iciii aandcrstanals that rww al lnf,lag�a^:,tsatcnwcnts or cl€unns in cawnlwe cticwn w60%thri award r ar w�itwls�alla eu aup' f,dernl lane.and rrwaup° it)crilllinaah,ctvtL or;uelrwaornstratw c smctiow,,urttFltialtrw fines, cud darmig s and pat rwo-ultiv,:,dolwtuanvant font pararimpvrwpmg in Odc,ral awards tat crwrrolnwar; arro-ap:rawr arty(wlha:z remedy,avznhrlvlct,by law +�_1_salJi ttyr�la...ayary pwwahlac slaeau v parcad i w ww Hh laa 6 ke tap Its nww d nrr.rso ah pvlawy dw ferllauww nee parawr+ziaspc "I'hi pwa<ala„ct ji> hotrag�[w°a,j stq)pntviterd A woo"tar rrw pwwwrt,N°,y t c9co utl.tvwrarrd.9 rwtrawwlwcr wrat�r pa�ewh�c.tl 1^avl � awvo-areNe°rk tw+ i laaiwreaa^4.tatirwr,w p,eaarrcl awl d eanrnaisrssrewrre•asbyOleU; Laepwaaa till ell aaft'hw^1rw )w,arry'" JA.Uda:,( .4,U..OE a. My ftitwe s p,trap to R.entia;v 0 l in c wa;cz twl tlaea aanwcatant tcw which flee rpwrcrut I p gar al lye&ntan wna^i tta N narrherr r;ned t,cw taata m aawele^r tlwa°to r rta taf taws aw ar�a�l,(2)dial mr, Ckv,rnw'Aned by die,1 r e asrtry Office of Ilvl)erctO d aw110 a1 pat Iravaa 1_1w w n aww ktassodc Cat• (.:1)that are deter l-rained by.p.rvswwseary to the wrrlrien to a rt9 xtyawle"nt ol)l'igaalron p'YLaR'Sklarrwr W mama 01 e"(wd 4hrb40 twf5e Act and have rued been tvpamd by Rka cipicrwt ;LN lI consairwe,H debt in dwc pa°dasl p;caw earnrnc:rw't, ks, a1n epe'pat„dn'tcrata rrwccl laa puttaww cal tlufw,tp rat p;Cwvu.r rrw7arnt rtt as t he pw:adcp pat awnwpally ivy C vsw::rpara^rap,.r ale^tat art tlr^lanzfne^wit'At'h'lwram twse4lwctary parwra9 V,'y'0luaw tl�ate �slwr;cila�rp irw'p'rc,asarry's oaataa�rl wvrittxrw cle,rw7:+aaaN fe7r p7aay�rwe°rwt.awtwle�s e.wtfrcr „ali.hacrtsaay arr rwapp,a��wwe�owir; Bwaa n begin made(wr rf the lCmlpaacur kntwwvraQ or rawwiwrcw wly ra~t. ns fanIs that rut°rr debt a.�e ehlw d an pwarag. ap`'h 1Q)- 9,m e a arr'.y va"ill r rkc frrwp acttowavalklNe to 0 to colpe ct such a dd)t. Page 37 of 61 1851 aa. f"lac°tflatten!`rMw s eymt col,cgdsclsnms mV mW nl1 r,:r,Immi slily a Brangmtg Y tct R iplerm cmr thadl yenscans#iar tlac,anti ms of k(cilaiow or thin Nmepsun',Nsciltn g irr&rr K No,un wy,lmntapmly clnn"M 0"Irlywyer hoses Mulgtu w M luny mm"g'rcarni tbac Imo>r'ftvt'r'rt�uut;ia of the awardg or tiny other ha;sas msttlrhg in any may f rcntm dw p7crt0n me,crI`tgan.d m uM tit aW a,nMcrt, dmo .nl,acol ugct,under alai caw and ga. The saa;rm laluanco o dlis rura°ard by koeipient does no nn rn W way ti°^;ftralmVush an yap stc,y r°ebui aua.ugmp tmw°ween Ow United ited`titmes a. In saccordlaalw m,ith 4l U U §-q'P Z R rfncnt may nW c@r,rdla tnpr,clr;nNCYw aar c,flraMv mlrMrcrrrrnsnmanw WOW an erml,v e boa rope isaal.Pair cNrs�c;gea^rral^,tam Wray rr('th �gist fial'lmwr:ean.,tau aautditrr,grw°ervnagti rV I�:,gaama,ram�l�"rarnr;rinaan @llmuut Cgaa°m^uatgmlaay�ti ri�sIsx)nahly believes iu,c�m uGa>nna cal l.,rcas rain anaaralt c na rat cad at 1'a^cl.r`arl a,cmrttrrac.0 e r raramt,:a p r ca ,t ust all`licluar'6a1 ltatac9a.,'tat tahtr c c,rl" uacrntomy re•Itamg to ar Mad c,aantrtad or t,uamrmt,as,cadmst.untiarl ttncl wec.Mu cld&per to ItttbhN ;hoaalr9m or srrt'cty,ui tt vrcrgrrtkan of.. hoer,awcrle,,cma r cp=nlnation I'Chlcd to ra fede;"d cornraact(including tile corrgg,)C rtawan for om nma cofialt an arf„u contract)t)or grarar. IN 'q"lay Nns�t ctg`Irc rsrara�;aracf craturd�:,u pc°r rtcrc^cf rim tgae 1m,ar�at,irrl ga rtlacraa irmc I�aal s tgre� lmrlls�ea�ia'u : r a"m nac�raalacrr taf4 aanp�rrm� dan rn nc;lmrc,,a taC;ri,im�c•drI.r a�.carvruaarltat�cat"d smnu rcr�rss�. rr :An In I cool (let l al,, rnt Hle c ovorwllolt AcrcountaalwiltCy Orrice, m° ,m Trey lscury u,rsr,galaryee 9(am'aa¢t¢a nmt car g troll cwer°sight or nlwl i C1110A, v, An,ttttlacri tu d offielal of tltr g:)op artrlwnt of J uslIc",or catlaa;r Jaw enfor�ceniertt lipency, m I. A Coatti or 1p ar dr%,na',y'.,or vti A tll lnc.iM or c,llter a'la'Cf9kWee or fin°dlrlmrtianl,C".car'aln e44ldmu'.,.d„rod hLlg)vaantr";r4 tl,r m4'd7.€;S lnaa:m G.g'e uL%'iporlruphhly Co invc;tip ite,cln rccvm el,ou ad dre,,,s=„naa a^m:c�aumclts¢;t'. a.. Recipient NMa;an indaan`irn its Ill msrratnagy ofthe rir,„lints dtnd Iar'cra ncdeJ kinder thk"W'Cu nn,in(I'le predl 411 Inant natrse,lnngnttgo orthc v oikforce, f_G._ 14a a :tire l fa�! t l�.t a�itdlm m�. 1.t1' w�Imattsttauttt to j"Nocaltwe Or del 1 drma,3:y slacanM ellC Acar,ge it.,c cmntt,?rdtaru's to ad op3 arnc°l elffor c;c�ttn the—j b scat bolt Imrcap„t'anit w for their erauq>gt)yees when operrat ing.a;crrtagmr-auty-ownd+d,lentc d or personally owned m c gaicle s Vuardaurtnat to l nean.ttgr ar iyrdldrr 1 sl y,7..1 Fk 51225((act ¢r,20t01.Reciplei .slar;ru.tld nc.aauwsr r°0s,oupaloy cc^s,A velpieram.- W dxrntr.aaors to;tvlaIR and enkuW+, Ireslncrros TM Nmdm Item m s;aVW wgm R Own.un d Ike cnl�i rat sgaaba,a'Ic�g Q""Aagvlislm worklml)ce sifety polraria:•,tea do ct a au kxid mits;c;,rLISecf lmy cli,rrtrca c:f drn urs Page 38 of 61 1852 ( 113 Approved\o 1 305-02 71 My I I Apac I WHIICIVILRIGIIIS REQUIRENIENIS (WE RRHITS ACT OF J964 condition ofi-cceipt d WA nnancim osistance front the DopYri-tilient (he Monroe Courvy Board tali' ('011111liSsKiners(hereirlana wharred w w the RecipwriQ PMVKkl Ole aumrmwes Mated Wren The Ideml,fin amial awimw= nary include tWeratgranrs,loam and cwdmcw to pro"de assistance W the mwrderja4 boneficirks,IN use or rerit of Federal land or propelty at below nja5kct volue,Fedcral Irairling,a loan of Federal suhsi(hes,and otfici arinngenjent,,',with floe ullent[on of prov idingassistance,Fecled fbac W ankmixe W nm mmin pass uamm or guwayee or hujuniric,mpQN1 prograills,licemws, conirocts by the Federal bpovornnumt at market vatue,or progairi,,i dud provide direct benefils. This assurmve aptAics to all Skjad fhancid a5wince Nall or Kinds made averibbb Wgh the DepaMilen"d to Twmury, hiclWQ a"ammmWe 0:0 the:WOW any rcqmm 0 Me Nume 'Me CH Rights Rmmoor;Am of IW7 pmd&s Am Ow pmvishoin of dus nuRwarme apply to all of be re ciqmV4 progrnm;- W, 11,ices,and auuatia itre,,So lemur an any portion car the rcci rowns) d y w�si��Ied irl the We.0uie t Re6plent,en wi o iw cuung and Rdure compimm whh Thle V1 or we(JR RIM,Ad of 061 as imerjxle(4 WWO prohibits c,xclusion fiom Imnicipation,denial oaf the bendis uL oc milteak)n M dimihmmatwn under prugmms uld a Ccdorat NW,d my Nim m 0 the t kited Smw on floe,floe,gro wd oNaca W"w rimiu m WWul 02 4ctivities receiving 10 it T"A n Sect I as unplemenwd by the Dqmmmmt d Ole Trunswy TAk VI rephucan m M(TR Nn N mid other perfinent C\ccutivc orcters Such as F'xecunve Ordor 1.3166dcfirecnvcs',circulars:poh6,,-;;nicinoranda and,'or gui&ulco- dommmv, 2 R<!ojpwntAcknovvlcdgcs wol fNccuuve Order 13166, 1 rnprov jig Access to Sews ices fcn,flcr,,ons,vvah 1,mlited Engksh U'loficiency,"seeks to impme acce.W N&Wt aywd RMmm"and racr4rviturs I'm individuals who,becau.,,e ofnationat onghl,111VVC LrialiWd File.,tk0i pioficioncy 1,U'11D,Recipient kul(krainn&that denying as petsor) j"o.S k>its plou,grarris, Skqlrces,and aekivijieS because ofl.FP is as fcmri ofnafional orWA dAmmirlaiRm pwWWWd Wer TIN Y WAw Wl Right,Act of 1964 and 01c I jeparinimj.of the'frcwwrys iniplemenfing vegUitionS.Accordingly,Rec5pient shall hniUale, reasonaWe sap%or compo ven the Mpnwm cat whownQ dheowc&to mwn:AM L101 pie rsweUve ris aide Q ac,ccss,to iis,ptop nuns.sc"I'vius,and aclivitics Recipient understan(k and agrees bal nicaningful acccs.;may email providaig Nrgwag we�jstancc alchiding,oral interpretatton and wnuen tron"01wn Where necessafy,to onsuro effeclive conununicanon 41 Me Recoicnt)s pixgrairls.savact and nuistics. 3 Recipiem agrus W corrada dw nod Ar langmg scAwa ball'porson,,a during devebpIllent ofapplwable budg&,'aild whoa c:orldktckng wmvlces arld ucuv j6S N�a resoutce,the 1)cpaj laient of be Fteasitity fia",pulilkhed dS L11"11 gwdance at 70 F It NX T Fm m om h1wrn Miomm I Hn plume visit WWWW111ov 4 Wow ad=Wjm arld gimes thus mqtmw weals 00=k"me const Rules a wmiliim d amidwakme 0 Of federal l'impicialassistance and is binding uIpon Recipient and Reclpicnt"s succeSsms,transferees and assigneos(4the pVriod a)which swch assistance is provik(l, 5. R c6pient,ack-now ledges and agree,thai it jru ur,4 require wry sut,a grantccx.oonlrackors,sully-ontractorS,Stic"SSors, uansfelcel„,arld assignees to aArlllply to Am,Md VMS komqMnow kywAg AVMW M e"jy kmillracr or aoreonwM zAlbjecl 1INK 0 HW"Ngulmioris KU,em We Recipim aA Ow WqM4 mhV=Kcs, tran,,4ci"s,and assignees The,Nub-gruwee,vonwacloo,su&onoac -for,xuccessor�hznx,~&ree, Tille r7qldic CWH RqhdAs of 19H WWa?JrWhjbils VeL'jJ)ien/-s qflarrckndfinafimal excluch04,'ftorn u progruyn r.w ucfivi s,,depjrviQg Nnufiyx qJ:or ulhe?ii rye a person on Me ba0s ql'race,color,Or nmw&wNs N2 2000del�eqJ,as unIdementedby the Deparimem of Ilse"Dvasuoy'.a�Tjlh H vq '11?Parl 2Z whieh ore herem iocenporaivd 1ry rulervm,,e and mad,,o pao i qf`ihis conlract(oi, pdahons, 31( Tille H cpAo topersoj?,s with "Luwfedk.),r,gfish 0) 42 U&C.§2000deiseq-as qflhe Tveusjn,},"Y Title t7 31 CPR und lie re a I;ncol pmwe d 1ey undnhedt,apurd q(011V Recipent unklorsutnd puld ngrecs dmi:W any awl pyoq W is,Jj,,,jdd J,ullpiovcd Nvah ow,md of fe(h,',nd firimcial ass i I leer by the Departnicnt M'ilia Tveam1ry,lks w,smanco oblig"'nes the,Recipient,of in ffic ow;e of ri suhawquenl =10 the vorsues or Me N&d&MV WNch to Wit popaw W"ructure is uwd for at purpo'w for WhIch the federal finaric4al awlsialme,is cmwded m fur aj*Wwqmjposc Wdving the,providon of dirl ilium soxiceg or knoWAVi-ly Page 39 of 61 1853 pkcrsarnaal tma'scapacrty is pwrcw+a^aelK Mis assa,pr<aaaae olmli, Mo thv Rmplmatemt river k lrwa'i d cfluriv w N h it retaruas a7wnctshy or p osse w,sraara of the pray perty� - kcc rjwaeaat shall caacalare�raate in any+.ntawrc^e:nment or cons fahaance r eve teaww,aclaw kics by the 0epm;artauucaat a,af the Treasury ar of the .atrwrertrenfitroned,obttgartrewrIs lya @anrr: nktwrtt may irtdUdO trrwestugaru011,arabrts¢at on,mediation,litiplhon and nlMmitonrig of any:,wtrluancnt a rues�aaucrwts tivapt may r' srrti lr<ana these aaa ratan That is,rise Recipientshawl a°a mpu y with rnfcwnnaataala ra^a;vra^sty sera-site compmhaance revie vs,salad re canting reeluire°taaaratS tt QcalwlepatBull maainiaal as w ntmlaaimt.k'g mW ataR=Ow 1:7e�lw.a merg ddw't"ru.aua°y erC'aarmy caamrplaaraats evE`tliscapauamxaeutra3ra amaa le a+wr¢Wss of a wv,at*wrap nautiamnaal eerWm aandl ha t he cl lane W lmmd"lurcaucy covered by llile VI aat the (Ad 160 ,01 of II r AGO<arual iaaalalmemting reMplaa&ie m sand pmrtww ido ulmewla recto¢*»,a trst u'at Pall mMu niewvs tap lmramcewdhp haasaecl amra We ce>raapal:u'iaat.,l�aa°rae611asr,,e7r e'awparer1ew'tltwel,iawc@rat9ir7� tarrl:u:;aaraar B�ccsulwia^rnt aatstaraaair,t rrwiti,arna ila�l}eslwnrirrtasrat arC thtis'1"p.�apsa,ru,y�if Recrp'aaent.laas received no a:wcaaamlulaaints undca-'Title V 9 R.ec•Ilwactat mum laramvitW alca-atarm aalculieura aIaan aaahuGhdralke Ve nc.yN or cou o'!' finelunes cal`ntwn-cornlwheance eml"l`rttw VI a'utd e,ffeverts tcw aatldtes,,the rae+rr-r erraaj�xlraaoat,c„including any votaarrtaaly,cewrratslaarora cwr otlae.a.agmenle ats&wetwe,?n the Recipient and the A uhhor,atawe aageney that maatle& t"rnalr, l'thw R cilaremt seWas ka 4.aaw cap rnaatmaa➢letym sorb Turiaaaawmaa'u,Me H.a ipwieaaat aataW lrrewwrWe,ntarcuaaami alaa n ask`rhea wtflmre^tl URcenl Brit has neat queers tire;.s'uk sect of raray Court or artltauart.ustr utpw°� agency finding,est dt.scaraaaamaalton please so sataato 10. '1C the Rec,igwdamt tuu ak.cls sub tawaurds tea othea age I'lcot^s sra°rwt her entities,the ReciII ieW.a,rw:l iN0,for e w,u1,irasy Elraat cwa0y•ae;arpwiwnt.a au6l caataalaly ww^n Thy"maraal oker ralmpm oble<authemrmtaes tove'red in this dercur en[Butte agct sacs that make stale xaww,ar<Ba Inust have in place M aaaalaarclVmu arises aces and renew laraauedures>taw elcaaavrae;tmw Am that throw} ,am aafKtivel,y aaaa,anitoring the civil rights compliaancw aafsualm-r°e il�srvmts. The United`1;� te.s aver' ales raaa harts the a r&w smk juetiv al ervfaaacmawnt eat m tca•rrws;<ad'Mk,as'7pawwa ele-nt. camti Ireatlaimg m Am e emaame,nt ahem or limits the Ide.ra l enkmrc•a;nawm aauommst o W i)nued%areas may t b m order to aack wm viu[mrcans e>l``ilk docaarnom or aanAtuaalrly AlenS l= t Ptxkr p ormlty of per fury,rises u n lo stined otfacrsa(s)e,oul es Chart he"she Ims mad and undwrsterod its cmbhp tia ns as; hcsream desomhecl,tham array inkarnantatan'Wbruntte0 Gam ctwoajnawt;ticara wVitl'a this vasswraancea docunae m.'iis accunale and a'omprle le,;and that the Recipient is in colllp haancc with norldiscrinnnaatVaytarequirenlenisIna . et'r pua�smE C.9aara` .Qan Si��raaature cr1'awwatlaeyrizetl Official. a'l4f'1.@'HR'S.;NK aCEDVC"II(>'N rwti"r`tiN1a'IC t�. "fare uraaawruawatutia"Ntweawat ceM taw and Yi+raaaa„ta.m„.a e.n+rsmr'aarapa.ru W tamum rrrape fi,fi+r wrraaaaacera t'trt arirra ataHra burdeNI as cwtcd%virtu rlris wu Ita:elOn(it' iwaaa+iMMU W 15 ara¢rw ws aver MMa,a r:'ayraaaaaeaaaw e enWerraa q tir"Ctimraie) ,oa°raaati tMaera cn;raaraattu auaat kr redwing atar+taa+raatpr Mtaaatataa'tww^elraucreart ao last,a 1fice of Irnewacy.'a uvu,lxar•M ,ad lteo rel, taw p"wnrww a+t Irae^ Ira amaay I ups t'uararst lwaaiwa 14vu aa.ew'.„ww"sualnrrpm,t3 r 10220 DO NOT i naa aaac 0>rara To alaps°aaatetaus_char agency may au pmm A no mtmwd say rwslxaartt in a edleetataoi 0 rrela^nwrsarkm rurtva 4 zh,trlaate°s as"did co uml raaaarataua a Sigmd by,,'wlk Page 40 of 61 1854 ATTACHMENT B COUNTYFORMS Page 41 of 61 1855 NON-COLLUSION AFFIDAVIT 1, James M. Hansen of the city of Oskaloosa, Iowa according to law on my oath, and under penalty of perjury, depose and say that: 1. I am Secretary of the firm of Musco, Sports Lighting, LLC the proposer making the Proposal for the project described in the notice for calling for proposals for: Big Pine Community Park Sports Lighting Addition and that I executed the said proposal with full authority to do so,; 2, 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 comipetition; and 5. The ts,statem contained in this affidavit are true and correct, and made with full kn wl of i project. August 31, 2023 (Si poser) (Date) STATE OF: IOWA COUNTY OF: MAHASKA Subscribed and sworn to (or affirmed) before me, by means of X physical presence or 0 online notarization, on August 31, ?023 (date) by James M. Hansen (name of affiant). He/She is personally -known to me or has produced (type of identification) as identification. A — A, I MELIINDA=K.WALTER NOTARY PUBLIC t*"0�m* comnos 7 mfn $ion r_XP my'Comn issi E kes My commission expires: 04/24/2025 Page 42 of 61 1856 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO., 010-19901 MONROE COUNTY, FLORIDA ETHICS CLAUSE Musco Sports Lighting, LLC (Company) warrants that he/it has not employed, retained or otherwise had act on hislits behalf any former County officer or employee in violation of Section 2 of Ordinance No, 010-1,990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this 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", t u Date: August 31 2023 STATE OF: IOWA COUNTY OF: MAHASKA Subscribed and sworn to (or affirmed) before me, by means of 1Z physical presence or El online notarization, on August 31, 2023 -(date) by James M. Hansen -(name of affiant). He/She is, personally known to me or has produced (type of identification) as, identification. VILINDA K. ALTER"7:M 'CogrMsion Nu aOw 746W NOTARY PUBLIC My Comjnissj�on Expitas (SEAL) My commission expires: 24L2Aj2Q25_ Page 43 of 61 1857 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Musco Sports Lighting, LLC (Name of Business) I Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifyiingi 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 Subsection (1)1, inotifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to,any violation of Chapter 893(Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction, 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,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. Z ))Z4 A —z- Y43� °g'&'gfnatu"`re' - ll Au'gi jul,Lst 3�12 O�2,3 Date STATE OF: IOWA COUNTY OF: MAHASKA Subscribed and sworn to(or affirmed) before me, by means of[2 physical presence or El online notarization, on August 31, 2023 (date)by Jamies M. Hansen (name of affiant). He/ is personally known to me or has produced (type of identification) as identification. M mnELIN ftsiDA K.WALTR Coon Number 746584 n my Commission Expires NOTARY PUBLIC (SEAL) My commission expires: 04/24/2025 Page 44 of 61 1858 PUBLIC ENTITY CRIME STATEMENT "'A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither— Musco Sports Lighting, LLC (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (�Yafore) Date: August 31, 20 !3 STATE OF: IOWA COUNTY OF: MAH!ASKA Subscribed and sworn to (or affirmed) before me, by means of 9 physical presence or 0 online notarization, on August_31, 2023 (date) by James M. Hansen (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. A Zt� 21- NOTARY PUBLI 4P MELINDA K.WA ER %!y N or 74 ro�Ls's!on= W C ommis V�� 6 04/24/2025 S expire 0�m Nufter 746W ission Expirels" My commission expires: Page 45 of 6,1 1859 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Big Pine Community Park Sports, Lighting Addition Respondent Vendor Name: Musco Sports Lighting,, LLC Vendor FEIN: 42-1107452 Vendor's Authorized Representative Name and Title: James M. Hansen, ecretary Address; 100 1st Avenue West City: Oskaloosa —State: Iowa .................. Zip: 525 7 Phone Number 641-673-0411 Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel, Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,0010,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorneys fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: James M. Hansen who is authorized to sign on behalf of the We ab fere12,red,,c mpany. : 7 Authorized Signature 7 Print Name: Jarni Han art Title: Secretary Note: The List are available at the following Department of Management Services Site: W i Zb�j�iness (.,� er L t. s Mate Jlgg!,�S?��iingLv mclg[, k fqrfnMJ(m&Qnvi(t d, enGle ,,I wN djvs,myjk),�id d d c6rrdnatory vendor H�sts .............. Page 46 of 61 1860 APPENDIX A,44C.F.R. PART 18-CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative,agreement, 2, If any funds, other than Federal appropriated funds, have been paid or will be paid to a n y person for influ en cil ng or attempting to influence an off icer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loani, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. 1 he undersigned shall require that the language of this certification be, included in the award documents for all subawards at all tiers (including !Subcontracts, subgrants,, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation, of fact upon which reliance was placed when this transaction was made or entered into. Subirnission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less tha,in $10,000 and not more than $100,000 for each such failure. The Contractor, Musco,Spoq§Lightinq, LLQ, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any, 8/ignaturl'of Contractor's Authorized Official James M. Hansen, Secretary August 31,, 2023 Name and Title of Contractor's Authorized Official, Date Page 47 of 61 1861 DISCLOSURE OF LOBBYING ACTAITIES elohlIPUTI 711i:s MUM TO DISCL02 PUT&SUAITT TO 31,U S,C I'3 12 ypeoffederalAofiow 1, Swul of Federal Acticwu,�, 3, Report Ti-po� I colllrbct bDI =a i=�,Il , offor"apylicanam H 17', b m2nalm',uct C, Cooperallveagriewent c, rxj�l-awaxd d, loam Fu Mateiipd Chuge Only e, lonn pamawee '"Nu.....— ClUrr"I't f loall inyarance date of l,nt repon 4. Sa we And Addre-,of Reporfimg Eatit), 5, IfR*p"tingEubtyizNo,Ji��Subawardee, Enter Name aud.kddress of Prime- Flvrwaa Spublwudpe Tier if k0QWTl 0!M;T*5'JGlk,Al Distrkt,of known C oagre!Mosol Di,bict,if knowm 6. Fedeud Departmem(Agoacy 7 Federal:Program Nam me'Dew ripholu: CFDAN, umfret„dapplicable S. Federal Artiam Nombpr,if knoum� 9, Award Amouril,if knmwrc 10. a, Name and Address of Lobby Eutiih b. luM-idualt Plerforming S+rvicm (,m,:IuA= (If Lw namp-first rjanle.MI) l0a) I'mr,mm ire.first ri'mA,MT;� ianach Co!wmuawn SbeFT,(W)if 11. Amount of PxYmemil(Awk A]Ibm�%pply) If. S—Flamml [:]plaamed ret"amer I _a one-timp f- U roirm 0(paymem a,cbf(k all that appliv), C wLnxlu.,.Aoa 11 ca*:h, d cermcara eamC f;,4 b m-krxt �ppcitl� e do--fwrel ...Value f odler.apes&. ........ 14, Brief Dowripfiaz of Sleriiees Performed or to be performed and o(Svr*,p,imctudjmg affit#r4,%),,mimploy#e(),w-membeT(s)conluted,for Paymeat luctKaled ils from 11: (much Counnumm Sheer(,,'I if 1,5. cou4imv2dom sh*e((�)ad Ached: Yes El No 756r,3a U S C' Scam L3*2 r46%lxk4iai r�4=4�tvu pb,,od by?httar m,*o,:4wlwa Tbov=QmW=,Qd Nint 1.1��Iule FUL,��I=r ro�I U,,S C, 13,;2 71",=i mu,r�,on'xi H'';, r4",,md To C umFpm. 2ad wig bQ vi3l'AlA f,,n,r pubbC Lw+wrjam Aw,v pw,=twID fmh to E6 r10 zwri:,Vd k-,; S I C,XC ul a mcm.Irl am ljl7z S 100,C00 fu;a r,]a flihm"o Te4rpphone Nv Authonzed foT Loca)PAprodixton Federal U,,e On 2-6c PART 2(CCRRIT'Y Page 48 of 61 1862 Ms,rRUCTIONS FOR COMPLETION OFSF-1,1,1, DISCLOSURE OF LOBBYING AC,TIVITIES This disclosure 6)rm shall be completed by the oepoftingentity,whetbersubawardee or prime redcoal recipient,at the initiation or receipt of covered Federal actioli or arnateriat change to pucvicius filtrigpursmoit to title 31 U&C section 1352 The filingofa form is required I'm agency,as Member ofCongress an officer or employee of Congress or an onnployee of'a Member of Ca'ngres's in connection with a covered Federal action, Ibrmisriadecltiate liar both tine irurtrarl filivag anol runarter al eluarvge repaoart 1Ccfcr tray dve rrnplcunnentrrag gtiidaticeptil)lisficaiby the Office of"Matiagetiicntai,i(l Budget liar addivitmal information I. Ideraity the type of covered Federal action lbr which lobbying activity is and/or has been SCCLued it) influence„the oulcome of a covered Federal act i on, I Idcroufy(lie status ofthe covered Fulcral action 3. Went ily the appi otinale classification of'Ellis report too the intbriiiation previously reported,enter the year and quarter in,which oliechartge occurred. Enter the date of the taunt, 1)reviously sabin itted report by Ili is reporting coot ity fort his covered Fede oat act i on. 4. Enter the flill name,address,city,state and All,code of1he reporting entity. Include Congressional Dostrict if known, prorneorsubaward reoppent ldvnirfy the tier ofthe subaNvardec,c g,the first ofthe proolle is the firstfier, Subrowardsinclude hart are not limited too subcontracts„subgraill is and 0 orltrac 1.awards under grants. 5. If glue organization filing the acliort ill hcm4l checks"SubaNvaicice"then entco the to name,addiess,city,state andAp code oftheprinic Federal recipient. 6, U,rotcr the narric of Ole FedctaE agency making the award oat Joan conimptonent. Include at toast one organizatEorillcvel lie I ovv agen cy nam c,i fk nown ('cast Guard, 7, Enter the Federal program name or clmripiion I'm the covcocd Federal action(item t) lfknolmi,enter the full Cautlog of Federal Domestic Assistance(CFDA)rouniber for grarits,cooperative agreements,loans and loan coninlitilictits, 8, UnLer the most appropriate 1'ederal identifying number avadaMe for the Federal action in tmil I ReqLreso.for Proposal(R 111)number,Invitation for Hid(IF 11)number,g„rantaarnrnantrraceuaueral ruumBoer,(lie contract giant,or p1cfixes,e.g., "RI'll-DEAO-001 9 For a covered Federal action where there has been an award or loan commitment by the 1ederal ogency,enter the Fedcral armouril of'the alvard/loan corroniii onents for the prione entity rdenti fied in iteril 4 or 5, 10, (a)Unter,the halt name,address,city,state and All code ofthe lobbying entity engaged by the reporting etim), identified in stern 4 to influenced the covered l`cdcial action. (b)Enter the fidl nallics ofthe incloviduilts)perfi.gming so-vices and include frill address d'difibrent horn 10,(a), Enter Last Name,First Name and Middle Initial(MI). 11. Filter the amount ofcompeirsation paid or reasonably expected to be paid by the repooting ennty,(item 4)to the lobbying coldly(item I()), lrodicrIc Whether the payment has been made(actual)or will lie made(likinricd). Check all Nixes that apply. Irthis is a iniaterial change report,enter the cumulative amount ofpaynicia made or planned to be made 12. Check the appropriate box ("heck all boxes that apply, Hpayincrot is made through air in-kind contribution, 13. Check the appropr jaw box Check all boxes that apply H. Provide a specific and detailed descripliort of the set v tees that the lobbyist has per formed or will be expected to perform Include all prep"ratory and related activity not tuSt time spent in tactual contact wifli Federal officoak, d or the officer(s) employce(s)orMembei(s) 15. Uieck whether of nor as cotritnuation shcer(s)is attadrcd. 16. The certifying official shalt sign and date the tbrin,print his/her narlic title and telepholic ritunber- Public VeJN)rEing burden Im(Ills collection ofintbrination is estimated it)average.10 mulutes,per response,including time for reviewilig inmi uoion,scarchingexisting data sintrces,gatherong and maintaining the daui needed,and completing and reviewing the collection of information, Send coorinicnts regarding the burden estimate or"any other aspect ofthis collecuon oforifiormation, including stiggesitions(bu reducing this burden,to Ole Office ofManagement and Budget,Noperwolk RCdOOL011 Project (034 8-0046),Washington,1)C 20503. SlAAAArostructions Rev,0,6-04- 9NFINDIF'» Page 49 of 61 1863 ATTACHMENT C CONTRACTOR QUOTE. Page 50 of 61 1864 MUNNEIFAMEEMENNIIENNIN11m Date. June 20,20223 Project: Big Pine Noy Park 1o. Monroe County Big Pine Key,FL Clay County RFP IgZI - Quo totion Price—Materials Delivered to Job Site and Instol/at('on Multipurpose Field, Bullpen, & Playground Lighting .................................., ........... ,...............................--................. ..........,.,....$327, 00,00 .Soles tax„tuondinq,and perrxrdt fees are not included. Pricing furnished is effective four 60 days airless otlrerw ise noted and is cons:rdered co,nfid'ential. Field Description � � � CluantityCounty Fxtondod Price (Section II A)Soccer Melds 330'by 200" 1. $166,000.()0 $1.66,000,00 30'Setback-39 Footcandles-(i int Structure (Section it Al Vwincl Speed Adder-63 1 $99,600,00 $99,600.00 ('Section i C(Additional Lrghtgng for security,special areas, 4 $3,,5(1(1 00 $14,0(7(,00 repiacing fixtures on existing poles or croon-.standard field sixes K pole.incatlons Playground&Bulleen Lighting � (Section it A)Wind Speed Adder—60% 1, $8,400.0 $8,400.00 (m Section lH Ay.Pole Installation—60' ..... �...._.._._. 4,6(0.f _ $13._q�__yyry�ry��.yy.0yy ••. 1 � ,K3W�.�4fV (:ertroun ilp Al Pole Iflnstailatian w• � ]o" $53C1ui3.(1��...wY.w................. ...... .�.... „ �.�.�$1�!__..____�� S 3C1f-00 (Section ill!C)Removal[of Concrete Pole 2 $4,600. 0 $9,26k3ZO �.. ..... _..._ ....._ - ....._ �.�_.�.... _. ..�...�........ (Section 4ii G)installation of Fixtures on Existing Poles 2 $6,(dCli ,00 $12,(�0UO Section iV ti 3 in)Copper Conductors_..__ _ � 4,5010'� $6.6._..__. _............ ( Pin 5 $38a92 .00 (Section iV C a)installation of Contactor Cabinet---48" 1 a5,750A0 $5,750.00 (Section iV D 1)UghtrnIng,,Protection 6 $1,2(7(100 $7,200.00 (Section W E 1)Pole Grounding 70„and below 6 $900.00 $5,400.00 (Section V A 2)Electrical Engineering 1 $9,95t1. $9,95f.,00 dond+r............ _.. .._ _ .... . (Section V i ) 7,g 1 .. $6,000, X) $( 6,00 00 (Section V F)Protect_. _.�.._ �.��._......� ........ .�.�.��... ....� ..���........._..m...._ I�rlana, enient 1 $6,1700,( ) $6,000,00 ... �_ ..�..�........... L._ I.rcr�9tn u/nesi¢tuo P airaan eters/L�ut'wu.or $801,02 5.41i11 327,500,00....__. ..�m.-..�._ Page 51 of 61 1865 EIMMEMEMEMEMEMMEMEMIMM Guaranteed Lighting Performance • Guaranteed light levels and uniformity per,desk ra Systena ttescridatirarnw(Multipurpose Polies S1­Sal)—New poles • Pre-cast concrete bases with integrated li htnin , rourrdin • Galvanized steel popes • Factory wired and tested remote electrical component enclosures • Pole lengtlhn,factory assembhe%d ww&re harnesses • Factory wired poletop lurnuhnalre assemblies • Factory aimed and assembled Wmi Aires System Description)Poles Al&BI) Existing Poles • Factory wired poletop luminaire assemblies • Factory aimed and a sernbla"d lunnhna'ires • Factory Mired and tested remote.ehectnccah component enclosures • Pole dength,'factory assembled wire.harnesses • Mounting hardware for poletop luminahre assern Mies and electrical components enclosurres • UL.Listed as�sernnbllies 1'nvironmenta t t'd hat Control • SpilhUditrniniirrrized • Ofi-site Aare Ught minirvnized Cerwtrral Systems and Sarvices • Control—Link",controll and monitoring system to Provide rernote on/cuff and chmm'hng lh'idh/rnedlurnu/low) control and performaince monitoring with 24/7 custorner support taperatlaan and Warranty Services • Reduction of energy and maintenance costs by 40%to 85%over typical 1500 metal halide equipment • Product assurance.aind warranty program that covers materials and onsite labor,eliminating 100%of your maintenance costs for 1.0 years(Playground&Bullpen)and 2�5 years(Multipurpose;), • Support from IVfiusaVs Lighting hting Services fearn_over 170 Team members dedicated to operating and molintainling your lighting system•-plus a network of 18001.contractors. Paige 52 of 61 1866 l►astallcxtlon Services provided Customer Responsibilities- I, Complete access to the site for construction using standard 1-wheel)drive rubber tire equipment. fir'. Locate existing underground)utilities riot covered by your local utflltles.(i.e,water lines,electrical Tines,irrigation systems,and sprinkler heads).Musco or Subcontractor will not be responsible for repairs to unmarked utilities. , Locate and mark field reference paints per Mlusco supplied layout.(i.e.home plate,center of FB field). d, Ensure existing poles are structurally adequate to handle new fixture loading.. 5. Ensure useability of existing underground wiring. 6. provide a,source of water such as a fire hydrant or 1"water lane for foundation excavation. pay for aid fees associated with the water,access and usage. 7. provide area out site for disposal of spoils from foundation excavation. B. provide area on site for storage containers and Ilaydown. q. pay any necessary power company fees and requirements. 10. Pay ail permitting fees. 11. provide any existing,as-built documents or drawings. NMusco Rosponsibillfrti,ess f.. Provide required polies,fixtures,electrical enclosures,mounts"hardware,wire harnesses and control cabinets. 1. Provide fixture layout and aiming diagram. f, Provide Project Management as required, al. Assist our,installing subcontractor and ensure our respoosibdities are satisfied. M'usco Subcontractor Responsibilities:All Parks Gaenorall; i.. Obtain any required permitting. ?. Contact your local udig for locating Underground utfitles and confirm they have been clearly marked, I Contact the facilityowner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid darnage frorn construction equipment.Repair any damage rmade during construction. 4 Provide labor,equipment,and materials to off load equipment at jobsite per scheduled delivery. 'a. Provide storage containers for material,(including eleetrIcal'components enclosures),as needed. 6. Provide necessary waste disposal and da�'lly clean up. 7. Provide adequate security to protect Musco delivered products from theft,vandaiism,or damage duo iraig the installation. R,. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked to avoid damage frorn construction equipment.Repair any damage made during construction. q. Keep aid heavy equipment off playing fields when possible.Repair damage to grounds which exceeds that which would be expected,Indentations caused by h eaavy eclolpment traveling over dry ground would be an example of expected damage.Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requuiring repair. 10. Provide startup and miming;as required to provide complete and operating,sports Ilghtingsystem. 11. Installation to commerce upon delivery and proceed without interruption until complete.Musco to be Immediately notified of any breaks in schedule or delays. X X Page 53 of 61 1867 ECIONNOMMENNOMENAMEEMMM Demolition: 1, Rernove and dispose of(2)exi56ng,lighting poles,lumIrraires,and dectrical cornponentenclosures, Existing fixtures wild be mounted on the(2)new poles adjacent to tennis courts, Retrofit Musco Equipment to Existing Poles: 1. Provide I abor,materials,and equipment to assemble and install MUSCO TLC for LED:6'equIpprent on ex[sIJ ng poles and terminate grounding and power feed.Power feed rnay need to be reworked to adapt to the new Musco equipment. 2. lEnsure ground[nig components meet rnfnimurn standards required by NEC and NFPA780. 3. For concrete poles provide new lightning down conductor(alumInurn)and 5/8"copper ground rod.For poles 75'or Iless use I/O,AWG,poles over 75'use 4/0 AWG condcxtor% 4. Down conductor shaIll be converter to copper wire for any underground runs and bonded to ground rod(s). 5. Ensure all Musco components are bonded to both eclulpment and lightning grounds,No upward sweeps allowed for lightning down conductor or bonding jumper(s).See fnst,allatlon instructions for furflier Information. 6. Test ground resistance wit]h 3-point megger and confirm 25 ohms or,less for each pole.Instalk additional ground rods or create groundling grid until resistance of 25 ohms or less is achieved. Foundations,Poles,and Luminaires: t Mark and confirm pole 9ocaflons per the air-ning diagram provided,If there are any issues,irnmedfately notify your MUSCO Project Manager. 2. Provide labor,materlals,and equipment to install LSS foundations as specified on Layout and per this stamped foundation drawings,if applicable. 3. Remove spoils to owner designated location at jobsite. 4, Provide labor,materiak,and equipment to assemble Musco TI-C-1,ED Ilumiinaires,electrical component enclosures, popes,and pole harnesses. 5, Provide labor,equipment,and materials to erect 4 dressed ILSS Poles and aim LAVIWng the pope alignment beam. Electrical; 1. provide sealed,Electrical plans.(If reqoired) 2, Provide materials,and e(ILApment to upgrade existing e[ectrical service panels as required. Provide materWs,and eqUiprne-ntto reuse existing electrical wiring as permitted. 'Where necessary,extend drCLAtS,install all underground conduit,wirfrig,pull boxes,etc.and terminate widrig per electricad design, 4, Provide as built drawings oncornp[edorr ofinsrtallation. Control System: 1. Provide labor,equipment,and materials to insta III Musco Control arid Monitoring cabinet and termini to alp necessary wiring. 2. Provide a dedicated 120 V 20 A controls cIrcuit or a step-down transformer for 1,20 V control circuit ff not available. 3. Check all zones to make sure they work in both auto and manual made. 4. Commission Control-Link"by contacting Control-Link Central"'at 877-347-3319. Page 54 of 61 1868 C23001SWAVANNEENNINNIMONFAFMII Payment Terms Net 30:days for materials and progressive payments for labor. Delivery Timing 9..12 weeks for delivery of materials to the job site from the time of order,su'dm�lttal approval,and confirmation of order, detarls includ Ing voltage,phase,and pole locations, Due to the bunit-in custom light controll per luminaiire,pope locations need to be confirmed prior to prcA uctio .Change to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shlpment of entire project together to once location. • Existing voltage/phase electrical systern requirement. • Owner its responsible for getUng electrlcal power to the site,coordination with time utility,and any power company fees, • `.standard soul conditions—rock,bottornless,wet or unsuitable soil may regtuire additional en I neerunf a special installation methods and additional cost. s Confirmation of pole locations prior to production.. • Product assurance and warranty program is contingents upon site;reviewand compatibility with Musco's lighting system a The owner of the field is responsible for the str uctural integrity of the existing poles. Thank you for considering Muiseo for your li0hUng needs.Please contact me with any questions or,if you need adclftlonal details. e Jason f rucht vales Representative Musco Sports fighting,ILLC Phone: q."4.7f—5 14 E-mail: jn,fe�c8�ttrnusca. rrr � ,.. Page 55 of Gil 1869 ATTACHMENT D DRAWINGS &SPECIFICATIONS Page of 61 1870 d K f0, Ln ca n (D on ri V4 mm� n r 1871 s zi Q ' X ,� %K r.� 11 '� 4 ", a Ir IB . i v �v n 00 e tw it �% ,,, , ....., ,,;,, r I �,%err% %%��, �i��iv /�rr r�%iirrrl�llil�iagpi✓///ir�>�1f�/Af����l��//%/i/%%////� ": 1872 .......___. _. _....._.._... m ,rt LM qqqq 21 u j 1 //�r � / II���i�i�i��u IVi a➢�,, /% r / a 1873 pg G1„ n Vol, qp CL MO ANN 1874 A, �a a ko rxr a ' i a r l UN) .i�r, ywr o ri/( �/i/YY I ���r r y� ✓ tlq /k�r ' y r i 1875 18 23 4 Project Management Department �� 6� " MEMORANDUM CN4NTY IM SNf To: Purchasing Department From: Cary Knight, Director of Project Management U Date: July 31, 2023 U Re: Sole Source Justification for Musco Lighting at Big Pine Community Park In 2019, the BOCC approved a contract with Electric Contracting Service, Inc. to install Musco lighting as part of a Hurricane Irma repair project at Big Pine Community Park. The Musco lighting system currently installed is under a 10-year warranty to include parts and labor. The Parks and Beaches Department has since requested Project Management to extend the lighting system to include the proposed soccer field and increase ballpark lighting. This work would include adding 2 additional poles, installing additional light fixtures onto an existing pole, and replacing one pole by reinstalling existing light fixtures while adding additional fixtures to properly light the soccer fields. This project will also include the addition of light fixtures onto an existing pole that serves the baseball field and playground areas. To maintain conformity with the existing Musco lighting system, and to not void current warranty coverage of the system in place, it is necessary to utilize Musco as a sole source vendor to perform this work as it both expands and modifies the existing system. Please consider approval of this request to utilize Musco lighting as a sole source vendor. Digitally signed by Kelly Dugan Kelly Dugan DN my Kelly Dugan,o=Monroe County BOCC,ou,email=dugan- kelly@monroecounty-fl.gov,—us Date:2023.09.01 12:58:45-04'00' Cary Knight, PMP Director Project Management 1876 �•—� DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1 08/30/2023 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 w REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this .°—_' certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT R NAME: Aon Risk services central, Inc. PHONE FAX W Omaha NE Office (A/C.No.Ext): (402) 697-1400 (A/C No): (402) 697-0017 'a 0 17807 Burke street E-MAIL x Suite 401 ADDRESS: Omaha NE 68118 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Travelers Property cas co of America 25674 Musco Sports Lighting, LLc INSURER B: Sentry casualty company 28460 c/o Musco corporation 100 1st Ave W INSURERC: Sentry Insurance company 24988 Oskaloosa IA 52577 USA INSURERD: Indian Harbor Insurance company 36940 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570101335930 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. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYY MM N/ODYYY LIMITS C X COMMERCIAL GENERAL LIABILITY 9016877004 07/01/2023 07 01 2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE ❑OCCUR DAMAGE TO RENTED $1 000 000 PREMISES Ea occu rrence APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $10,000 BY ,fir'•. %y�, PERSONAL&ADV INJURY $1,000,000 0 GEN'LAGGREGATE LIMITAPPLIES PER: DATE 9/5/9093 GENERAL AGGREGATE $10,000,000 u" POLICY PRO F"LOC PRODUCTS-COMP/OP AGG $2,000,000 M JECT WAIVER N/A YES 0 OTHER: o r C AUTOMOBILE LIABILITY 90 16877 003 07/01/2023 07/01/2024 COMBINED SINGLE LIMIT $1,000,000 `O Ea accident X ANYAUTO BODILY INJURY(Per person) 0 O OWNED S AUTOS CHEDULED BODILY INJURY(Per accident) z AUTOS ONLY "M HIREDAUTOS NON-OWNED PROPERTY DAMAGE tp ONLY AUTOS ONLY (Per acciden t) U i" W A X UMBRELLA LIAB X OCCUR cUP3s63336023NF 07/01/2023 07/01/2024 EACH OCCURRENCE $10,000,000 U EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I RETENTION B WORKERS COMPENSATION AND 9016877001 07/01/2023 07/01/2024 X I PER STATUTE I JOTH- EMPLOYERS'LIABILITY Y/N A05 ER B AN PROPRIETORE ART ED7EXECUTIVE EN N/A 9016877002 07/01/2023 07/01/2024 E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) AZ, WI E.L.DISEASE-EA EMPLOYEE $1,000,000 D ESCdescribe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below D Architects & Engineers CEo742113903 07/01/2023 07/01/2024 Aggregate $5,000,000 Professional claims-Made SIR $250,000=_ SIR applies per policy ter s & condi ions Each claim $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Musco project 224237 - Big Pine Key Park Phase 2. Monroe county Board of county commissioners, with its employees and officials are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. - L CERTIFICATE HOLDER CANCELLATION y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE 1. POLICY PROVISIONS. Monroe county Board AUTHORIZED REPRESENTATIVE of county commissioners 500 Whitehead St. Key West FL 33040 USA I4 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks ofACORD 1877 'L LIABILITY POILICY14UMBER' 9016877004 CO ME MRCIAL GEN ERA CG 20 10 12 19 THII IENC ORSEMENTCHA MINE S THE, POLICY. PLEASE READ IT CAREFULLY., ADDITIONAL INSURED 1- OWNERS, LESSEES OR CONTRACTORS 1- SCHEDULED PERSON OR, ORGANIZATIGN This endolrsernpant modifies in,suraince provided under the fol lowin '. C"MMERCIAL GENERAL.LABILITY COVERAGE PART SCHEDULE NIame Of Additianal llinsuured Person(s� Or Orgianization,(s), Locaflion,(s)()f Covered Operations As required by written contract linfon-nation required to complete this Schedule, lif not shown above W 11 be shown iin the Declarations. X Sectibn Ilil - Who Is An IInsured lira arneinded to B. With respect to the insurance afforded to these include as an addificmal iinSUire-d the Iperson(s) or addifianal MISUreads, the, following additional arganiizatillon(s) shown in the SchedLlle�, bUt 0111Y exclusions,apply.: with respect to liaUlit for "bodily iinjury":, This insuraince idoe,,,r,,, not apply to "Ibodily injury"or property darnage" or "persoinal and adveirtising "propertV darnage" occurding alter,' injUr/' MKISP-d, iin w.hale or in part, by�� I. AHi work, iin,cludunlg matehals, 1parts or 1. 'dour acts or ornmsions" or eqUipmeinil furnished iin con,'nectian with such 2. The acts or omissions of those acting on your work, on the project (otheir than service, behalf" maintenance.m.or repaliirs)to be performed by or in the pei-formance Of YOU r oingoi ng operations for Guinn behalf of flie additional insuired(s) at the the additional illSlllired(s) at the location(s) location of the covered operatims has, beein compl ;,eted or desiginated above. I However, 2,. That portion Of "Your work." out of which the iinjury or danizage arises,, has (been Put to sits 1. The linsuurainnuce afforded to SUch additional irtenideld use Iby any person or organizaticin iinsuired only applies to the extant perm itted by other than another cantractor or law, aind SLI b1contractor engaged in performing 2. 11' coverage provided to the additicinal ilISUred operabans for a principal as a part of the,sarne is required by a contract or agreement, the, project- iinsura,nee, afforded to SLICII additional insured wMi not be broader than thizat w1lich YOU are required by the contract or agreement to provide forsouch add itilanall lirnsuured.. CG 20 10 12 19, @)Illinisuranuce Services(D,fflcp.-:, I,nc., 2018, Pager I of 2 9016,877 0&212023 Sent7y limsurance Comparry 0MC,, MCCUMW 231,74 1: N 1878 C., WAh respect to the iinsurance, afforded to the 2,. AvaEable Ulider the applicaNe limAs of additianal insureds, the following is added to insurance; Section III - Limits,Of Insurmice: whichever i Iless. If coverage provided to the additional insured Its This eniclorslempaN shall not iincrease the ire,qL,Iiire,d by aI cointract or agreenieN, the most we applicable [imits of iinsur-Liince. will Ilpay oin Ibehnalf of the additional inSUred is the aniou,nt of iinsuiralice, 1® Required by the coinft-Lict or agreement, or �Page 2 ,of Illine5Uanooe Inc., 2018 C Gi 2,011, TO 12:19, 90 16877 0&2,120— Sentry Insurance Cw,npamy 1879 POLICY NUMBER: 9016877004 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization you are required to add as All Locations an additional insured by written contract or agreement See Continuation Page Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured applicable limits of insurance. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 901677 Sentry Insurance Company 06/23/20?� 1 00001 0000000000 23174 0 N 24937384-bf3e4e60-9a45-647961dcfd3b 1 880 Continuation Page in effect prior to any loss or damage. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 37 12 19 9016877 Sentry 06/23/20?� Insurance Company 1881 IL 70 58 02 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM COMMERCIAL AUTOMOBILE COVERAGE PARTS COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PARTS COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY POLLUTION LIABILITY COVERAGE ERRORS AND OMISSIONS COVERAGE FORM In the event we cancel this policy, we shall endeavor to also mail to the person(s)or organization(s) listed in the Schedule for this endorsement advance written notice of cancellation. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s)or organization(s)shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule below to any benefit, rights or protection under this policy. Failure by us to provide this notice of cancellation to the person(s) or organization(s) listed or described in the Schedule below will not impose liability of any kind upon us. Any of these provisions that conflict with a law that controls the notice of cancellation of the insurance in this endorsement is changed by this statement to comply with the law. Schedule Person(s)or Organization(s)including mailing address: Per the listing of certificate holders provided by the Broker upon our request. 30 day notice of cancellation applies. All other terms and conditions of this policy remain unchanged. IL 70 58 02 14 Page 1 of 1 9016877 Sentry Insurance Company ,�882 1 00001 0000000000 21179 0 N b48fe660-6afd-4e5f-891f-6873dca09543 CO MMEIRC IAL AUTO ,CA 80 07 0618 THI IENDORSEIf ENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL, INSURED - AUTOMATIC STATUS, WHEN REQUIRED BY CONTRACT OR AGREEMENT WITH YOU This endorsernent modifies insurance provilded under thfe fol lowhlg:� AUTO,DEALERS COVERAGE FORM BUS1111NIESS AUTO COVERAGE IFORMI MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provi&Dns of the, Coverage Form apply Linliess modified by thins endarserneinI. A. The Who, Is An Insured provismi of Covered Autos ILiahatliiry Coverage is amended to iiinflUde as an adlditional insuired any persoin or orgainization for WhOM YOU are perforimrng operations when you and such person or orgainizettion Ihave agreed in writing iiin a contrzact or agirelement that such person or orgalIzation be added as an addRiona1 insured on your poicy. The status Of aim additional insUired Under this endorsement eirds when your operations for that additiodial insured One,COMPIPtGd. IB. The imost we will pay oin behalf of the additional insured is,the Illesser of the 3 MOU It poiyable under the LinAt of Insurance for Covered Autos Liability Coverage, or the 9rilotrnt of ilnSLIrance required by the,contract or agreement. C. Notwithstanding any requirement, term of condition of any contract or agreerneiv with respect to which this eindorsement imay pedain, the inslff3ince afforded to the'additionall insured i's subject to al,11111 the temis,exc[usions and coinditions of the COMMERCIAL AUTO C'OVERAGE IFORIM to wNch this endorsement is attached. CA 80,G7 0618 includes copyrighted material Of IIISUrance SeNces Office, inc., Page,I of 1 90 1 5B77 Wth its pemiissil on. De,12-1V202213 Spntry InSUrame Cconpiry DMC Ik MOMMMO.3174�D N 1883 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION-CERTIFICATE HOLDERS WORKERS COMPENSATION The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. Such copies of the notice will be mailed as soon as practicable to the address or addresses provided by your broker or agent. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s)or organization(s)shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule below to any benefit, rights or protection under this policy. Failure by us to provide this notice of cancellation to the person(s) or organization(s) listed or described in the Schedule below will not impose liability of any kind upon us. Any of these provisions that conflict with a law that controls the notice of cancellation of the insurance in this endorsement is changed by this statement to comply with the law. SCHEDULE Person(s)or Organization(s)including mailing address: Per the listing of certificate holders provided by the Broker upon our request. 30 day notice of cancellation applies All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium: Insurance Company Countersigned by Change effective 07/01/2022 WC 99 06 72 (Ed. 09 11) Page 1 of 1 901677 Sentry Casualty Company 09/23/20?') 1 00001 0000000000 22266 0 N 6af336b5-4e7f-4332-96c0Ecf68a2d7241 1884