09/19/2023 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under
Contract with- EE&G Contructon & EI
Effective Date: TBD
Expiration Date: Within 30 days of Commencement
Contract Purpose/Description:
Prcjeߧ-2056-Rdmediation of Moisture and,Microbial-Damjaged Materials,
Marathon Sheriff Substation 31.03 Overseas Hwy,Marathon, rL 33050
(5mergenc,y Memorandum-page 47)
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: William Oe antis 45,07 Facllities Maintenance/Stop,9C
CONTRACT COSTS
Total Dollar Value of Contract: $ 2 500 00 Current Year Portion: $
(must be$100,000.00 or less) (If multiyear agreement then
requires BOCC approval,unless the
gos�fl cuwuk e�m,auw c
Budgeted? Yes❑■ No ❑
Grant: $ 29,500.00 County Match: $
Fund/Cost Center/Spend Category: 125 - 06066-00062 GNT00000205
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES LINO ❑
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: William Desantis
Patricia Eables Digitally signed by Patricia Eables
County Attorney Signature: Data.2023.09.0811:1133-04'00'
Jaclyn Flatt Digitally signed by Jaclyn Flalt
Risk Management Signature: Date_2023.08.081330 11-04'00'
Lisa Abreu Digitally signed by Lisa Abreu
Purchasing Signature: Date_2023.08.13 10'54'57-04'00'
John Quinn Digitally signed by John oulnn
OMB 1T/gyp) Signature: Date:2023.09 13 1529 04-04.00•
Comments:
Revised BOCC 4/19/2023
Page 84 of 105
PROFESSIONAL SERVICES AGREEMENT
BETWEEN MONROE COUNTY
AND
EE&G CONSTRUCTION&ELECTRICAL,LLC
September
This Agreement ia made onthe 19th dmyof-MrH'. 2023. by and between Monroe Coun4', apo|itica|
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040.
("County" /'`C[ient'^) and EE&G Construction & Elmnthom|. LLC (^EE&G^/^Contractor"). m Florida Limited
Liability Company authorized tu do business in the State nfFlorida,whose address is 5751 Miami Lakes
Drive, Miami Lakes, Florida 33O14,
VV|TNES8ETH
That for the considerations set forth below,the parties hereto do agree as follows:
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The wywicoo for the remediaUnn of moisture and microbial-dam aged materials at the Marathon
Sheriff's Substation located at31O3 Overseas Highway, Marathon, Florida3305D (^Pnojoct), are
aeoetforth[nEE&G'spmpoma|no.2O23'2850datedJuly7.2D22.ottaohedheretoasAttauhment
Amnd made apart hereof. Contractor shall also use its best efforts and expertise during the
remediation process to conduct a search to determine the underlying cause of the mold hssue and
submit any findings fu Client on any future steps that may be required to remedy the issue and
submit for approval by the County any additional costs that may be due to EE&G.
2. Remediation shall begin within three(3)days after written authorization,
pending receipt ofpermit, if required, Final report shall be submitted within seven (7) days nf
last site visi1, final or permit |nmp*oVwn, whichever is latest. Start/Finish dates are to be
announced upon execution of this Agreement Once commenced,the Contractor shall diligently
continue performance until completion of the Project. The Contractor shall aoounap|ieh Final
Completion of the Project within thirty (30) days after commencement, unless an extension of
time is granted by the County.
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This Project will be funded utilizing funds from the Federally Funded State&Local Fiscal Recovery
Fund Financial Assistance Agreement between the County and the United States Department of
Treasury attached hereto as Aftanhment B and made a pert of this Agreement. The
compensation to the Contractor under this Agreement for Microbial Remediafion Removal and
Replacement shall beatotal Lump Sum of Twenty-nine Thousand Five Hundred and 001100
($29,500.00)DuHama,
'
This project will be invoiced upon completion of the work. Invoices shall be sent to the Facilities
Maintenance Department, Attention, Chdsay Collins, via email at IoWLns-
. who wdO pe�e� the douume�� mnd muAa them to �e
appropriate County Staff for approval, Upon receiving all required approvals, the invoice(s) will
be forwarded tothe County Clerk of Courts' office (^Clerk^) for payment. The Contractor is, tn
submit k/ the County invoices with supporting documentation that are acceptable tu the Clerk,
Acceptability tothe Clerk iabased on generally accepted accounting principles and such |owm'
rules,and regulations aa may govern the Clerk's disbursal mffunds.
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The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be
provided upon request.
Final payment shall be made by the County, as the Owner, to the Contractor when the Contract
has been fully performed by the Contractor and the work has been accepted by the County.
5. Professional Retainer:
No retainer fee is requested.
6. General ConditionslReauirements:
a. Payment for invoices prepared by EE&G is due and payable upon receipt. County shall
pay pursuant to the Florida Local Government Prompt Payment Act, Fla. Stat. Sec. 218.70,
upon receipt of a Proper Invoice from EE&G. Payments due and unpaid under the Contract
shall bear interest pursuant to the Florida Local Government Prompt Payment Act.
b. This Agreement may be terminated by either party hereto upon fifteen(15)days'notice in
writing to the other party. Upon termination, LE&G shall prepare and submit a final
invoice for services rendered to the date of termination together with any termination
expenses incurred.
For Contracts of any amount,if the County determines that the Contractor 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.
C. Any drawings and specifications developed pursuant to this Agreement are instruments
of service, and as such the original documents,tracings,and field notes are and remain
the property of EE&G regardless of whether the work for which they were prepared is
executed.
d. In the event that legal action is instituted to enforce any of the terms of this Agreement,
the party which does not prevail shall pay the legal expenses of the prevailing party,
including attorney's fees.
e. The parties hereto each binds itself, its successors, executors, administrators and
assigns to the other party to this Agreement and to the successors, executors,
administrators and assigns of such other party in respect of all covenants of this
Agreement.
f. EE&G's liability for services to be rendered under this Agreement shall be limited to
$1,000,000 or the amount of EE&G's fee(whichever is greater), unless Client pays for
the assumption of additional liability by EE&G as a separate line item in Article 3,
Compensation.
g. If applicable, Client agrees that EE&G shall not be responsible for liability caused by
the mere presence or previous release of hazardous substances at the site. The Client
will either make others responsible for liabilities due to such conditions or will indemnify
and save harmless EE&G from such liability. The provisions of this Article (6,g) shall
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survive any termination of this Agreement.
h. The Contractor shall ensure that all non-exempt employees for this effort are
compensated in accordance with all State and Local Laws.
i. The Contractor shall load, haul, and properly dispose of all construction debris and
materials.
j. The Contractor shall provide and maintain appropriate (OSHA required) construction
warning signs and barriers.
k. The Contractor shall furnish all required work site safety equipment.
I. Construction work times shall be limited to those as specified by the County.
M. The Contractor needs to be aware of the facility, its residents, and staff with unusual
schedules and plan accordingly.
n. The Contractor is required to have all current licenses necessary to perform the work
and shall submit a copy of the Contractor's License and Monroe County Business Tax
Receipt along with this Agreement upon execution.
7. Indemnification Hold Harmless and Defense:
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,the
Contractor shall defend, indemnify and hold the County and the County's elected and appointed
officers harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of
injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified
party by reason of, or in connection with, (A)any activity of the Contractor or any of its employees,
agents, contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the
Contractor or any of its employees,agents,sub-contractors or other invitees,or(C)the Contractor's
default in respect of any of the obligations that it undertakes under the terms of this Agreement,
except to the extent the claims,actions,causes of action,litigation,proceedings,costs or expenses
arise from the intentional or sole negligent acts or omissions of the County or any of its employees,
agents,contractors or invitees(other than the Contractor).The monetary limitation of liability under
this contract shall be equal to the dollar value of the contract and not less than $1 million per
occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth
in the insurance requirements included in Paragraph 8 herein. Insofar as the claims, actions,
causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement, this section will survive the expiration of the term of this
Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from such
delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity
in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that
the Contractor shall hold the County harmless and shall indemnify it from all losses occurring
thereby and shall further defend any claim or action on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this Agreement.
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United States Department of the Treasury Indemnification
To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the United
States Department of the Treasury and its officers and employees,from liabilities,damages,losses
and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United
States or the County.
8. Insurance Reauirements:
As a pre-requisite of the work and services governed, or the goods supplied under this contract
(including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own
expense, insurance as specified in any attached schedules, which are made part of this contract.
The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor.Alternatively, the Contractor may require all Subcontractors to obtain
insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work, resulting from
the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work commenced on the specified date and time, except for the
Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and
any extensions. Failure to comply with this provision may result in the immediate suspension of all
work until the required insurance has been reinstated or replaced.Delays in the completion of work
resulting from the failure of the Contractor to maintain the required insurance shall not extend
deadlines specified in this contract and any penalties and failure to perform assessments shall be
imposed as if the work had not been suspended, except for the Contractor's failure to maintain the
required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions that may be
contained in the Contractor's Insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
•Certificate of Insurance or
•A Certified copy of the actual insurance policy.
The County,at its sole option,has the right to request a certified copy of any or all insurance policies
required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to
the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials, at 1100
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Simonton Street, Key West, Florida 33040, will be included as"Additional Insured" on all policies,
except for Workers'Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled"Request for Wainer of Insurance Requirements"and approved
by Monroe County Risk Management Department.
Contractor shall maintain in full force and effect the following insurance with coverage limits as
noted which are reasonable in light of the work to be undertaken:
Workers Compensation Statutory Limits
Employers'Liability $500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease,each employee
General Liability $1,000,000 Combined Single Limit
Vehicle: $500,000 per Person
(Owned,non-owned, $1,000,000 per Occurrence
and hired vehicles) $100,000 Property Damage
or
$1,000,000 Combined Single Limit
Builders Risk Not Required
Construction Bond Not Required
The Monroe County Board of County Commissioners, its employees and officials, 1100
Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional
Insured on General Liability and Vehicle policies.
9. Non-Collusion:
By signing this proposal, the undersigned swears, according to law on his/her oath, and under
penalty of perjury,that their firm executes this proposal with prices arrived at independently without
collusion, consultation, communication, or agreement for the purpose of restricting competition,as
to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise
required by law, the prices which have been quoted in this proposal have not been knowingly
disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal
opening, directly or indirectly, to any other proposer or to any competitor. No attempt has been
made or will be made by the proposer to induce any other person, partnership or corporation to
submit, or not to submit a proposal for the purpose of restricting competition. The statements
contained in this paragraph are true and correct, and made with the full knowledge that Monroe
County relies upon the truth of the statements contained in this paragraph in awarding contracts
for this project.
10. Employment or Retention of Former County Officers or Employees:
By signing this proposal, the undersigned warrants that helshe/it has not employed, retained or
otherwise had act on his/hers/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No.010-1990. For breach or violation of this provision the County may,in its discretion,
terminate this Agreement without liability and may also,in its discretion,deduct from the Agreement
or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift,
or consideration paid to the former County officer or employee.
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11. 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.
12, Public Entity Crime Statement:
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity, may not submit a bid,proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor,or consultant under a contract with any public entity,and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes,for CATEGORY TWO for a period of thirty-six(36) months from the date of being placed
on the convicted vendor list."
13. Drug Free Workplace:
By signing this proposal, the undersigned certifies that the contractor complies fully with, and in
accordance with Florida Statute, Section 287.087, the requirements as follows:
1) They will publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specify the actions that will be taken against employees for violations of
such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection 1.
4) In the statement specified in subsection 1, notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five(5)days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community,for any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
ADDITIONAL CONTRACT PROVISIONS
I) Nondiscrimination/Equal Employment Opportunity:
The Contractor and County agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. Contractor agrees to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
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These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin;
2)Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681=1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC s. 794),which prohibits discrimination on the basis of disability; 4)
The Age Discrimination Act of 1975, as amended (42 USC ss. 8101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended,relating to nondiscrimination on the basis of drug abuse;6)The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91-616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title Vlll of the
Civll Rights Act of 1968(42 USC s. 3601 et seq.), as amended,relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to,or the subject matter of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal Employment
Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended
by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment
Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part
200, Appendix II, ¶C, agrees as follows:
1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated equally during employment,without regard
to their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: Employment, upgrading,
demotion,ortransfer,recruitment or recruitment advertising;layoff ortermination;rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about,discussed,or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee,who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions, discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing,or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
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4) The Contractor will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice to
be provided by the agency contracting officer, advising the labor union or workers'
representative of the Contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965,and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provision of paragraphs (1)through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,including
sanctions for non-compliance; provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor, successor,
transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,which prohibits
recipients of federal financial assistance from excluding from a program or activity,denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or national origin (42
U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations,
31 CFR Part 22,which are herein incorporated by reference and made a part of this contract (or
agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any
program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as
implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein
incorporated by reference and made a part of this contract or agreement.
II) Maintenance of Records:
The Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Records shall be retained as applicable for 1)a period of five(5)years after all funds have
been expended or returned to the Department of the Treasury,whichever is later; or 2)for a period
of seven (7) years from the termination of this Agreement or for a period of five(5) years from the
submission of the final expenditure report as per 2 CFR§200.33,whichever is greater. Each party
to this Agreement or its authorized representatives shall have reasonable and timely access to
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such records of each other party to this Agreement for public records purposes during the term of
the Agreement and for seven (7)years following the termination of this Agreement.
Further,the Contractor is subject to the following:
1) The Contractor shall maintain records and financial documents sufficient to evidence
compliance with Sections 602(c) and 603(c) of the Social Security Act, Treasury's
regulations implementing that section, and guidance issued by the Department of the
Treasury regarding the foregoing.
2) The Department of the Treasury Office of Inspector General and the Government
Accountability Office, or their authorized representatives, shall have the right of access to
records (electronic and otherwise) of the Contractor in order to conduct audits or other
investigations.
III) Right to Audit:
Availability of Records, The records of the parties to this Agreement relating to the Project,which
shall include but not be limited to accounting records (hard copy, as well as computer readable
data if it can be made available; subcontract files (including proposals of successful and
unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates;
estimating work sheets; correspondence; change order files (including documentation covering
negotiated settlements); back charge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting
evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and
Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may in Owner's or
the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights,
duties,or obligations under or covered by any contract document(all foregoing hereinafter referred
to as"Records") shall be open to inspection and subject to audit and/or reproduction by Owner's
representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also
conduct verifications such as, but not limited to, counting employees at the job site, witnessing the
distribution of payroll, verifying payroll computations, overhead computations, observing vendor
and supplier payments, miscellaneous allocations, special charges, verifying information and
amounts through interviews and written confirmations with employees, subcontractors, suppliers,
and contractors'representatives. All records shall be kept for ten(10)years after Final Completion.
The County Clerk possesses the independent authority to conduct an audit of records,assets,and
activities relating to this Project. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the
monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes, running
from the date the monies were paid to Contractor. The right to audit provisions survive the
termination or expiration of this Agreement.
IV) Public Records Compliance:
The Contractor must comply with Florida public records laws, including but not limited to Chapter
119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to,and inspection of, all documents, records,
papers, letters or other"public record"materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor
in conjunction with this contract and related to contract performance. The County shall have the
right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of
the Contractor to abide by the terms of this provision shall be deemed a material breach of this
contract and the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs
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associated with that proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order
to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract,the Contractor
is required to;
(1) Keep and maintain public records that would be required by the County to perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the records
to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract,the Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Contractor keeps
and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County,
(5) A request to inspector copy public records relating to a County contract must be made directly
to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract,notwithstanding the County's
option and right to unilaterally cancel this contract upon violation of this provision by the Contractor.
A Contractor who fails to provide the public records to the County or pursuant to a valid public
records request within a reasonable time may be subject to penalties under Section 119.10, Florida
Statutes.
The Contractor shall not transfer custody,release,alter,destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-
3470, BRADLEY-BRIAN(CDMONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE, 1111 12T" Street, SUITE 408, KEY
WEST, FL 33040.
V) E-Verify System:
Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any
10
subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify the work authorization status of all new employees hired by the Contractor
during the term of the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new employees hired by the
subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The
Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec.448.095.
VI) Notice Requirement:
Any written notices or correspondence given pursuant to this contract shall be sent by United States
Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery.
Notice is deemed received by Contractor when hand delivered by national courier with proof of
delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of
delivery. The place of giving Notice shall remain the same as set forth herein until changed in
writing in the manner provided in this paragraph. Notice shall be sent to the following persons:
For Contractor: EE&G Construction&Electrical, LLC
5751 Miami takes Drive
Miami takes,Florida 33014
For Owner: Facilities Maintenance Department
Attention: Chrissy Collins
123 Overseas Hwy.--Rockland Key
Key West, Florida 33040
And
Monroe County Attorney's Office
1111 12t"Street
Suite 408
Key West, Florida 33040
VII) Uncontrollable Circumstance:
Any delay or failure of either Party to perform its obligations under this Agreement will be excused
to the extent that the delay or failure was caused directly by an event beyond such Party's control,
without such Party's fault or negligence and that by its nature could not have been foreseen by
such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire,
earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic
area of the Project; (c)war, invasion, hostilities(whether war is declared or not),terrorist threats or
acts, riot, or other civil unrest in the geographic area of the Project; (d)government order or law in
the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the
date of this Agreement; (f)action by any governmental authority prohibiting work in the geographic
area of the Project;(each, a "Uncontrollable Circumstance"). Contractor's financial inability to
perform, changes in cost or availability of materials, components, or services, market conditions,
or supplier actions or contract disputes will not excuse performance by Contractor under
this Section. Contractor shall give County written notice within seven (7) days of any event or
circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the
anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts
to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The County will
not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only
seek a no cost Change Order or Amendment for such reasonable time as the Owners
11
Representative may determine.
Vill) 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 I,
Nondiscrimination, or Paragraph 6.D.,concerning termination or cancellation.
14. FEDERAL CONTRACT PROVISIONS
The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2
C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including
but not limited to:
A) Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 4§1251-1387). CONTRACTOR agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C. §§7401-7671 q)and the
Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report
violations to the Department of the Treasury and the appropriate Regional Office of the
Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q) and the
Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts
and subgrants of amounts in excess of $100,000.00. The contractor agrees to include these
requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal
assistance provided by the American Rescue Plan Act funding. The Contractor agrees to report
each violation to the COUNTY,understands,and agrees that the COUNTYwill, in turn,report each
violation as required to assure notification to the Department of Treasury/Federal Agency and the
appropriate EPA Regional Office.
B) Contract Work Hours and Safety Standards Act(40 U.S.C. §§3701-3708). Where applicable,
which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the
County in excess of$100,000 that involve the employment of mechanics or laborers must comply
with 40 U.S.C. ,§§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. §3702 of the Act, each Contractor must compute the wages of every
mechanic and laborer on the basis of a standard work week of forty(40)hours.Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess of forty (40)
hours in the work week.The requirements of 40 U.S.C.§3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous,or dangerous.These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any
part of the contract work, which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in Paragraph (b)(1) of this section, the
Contractor and any subcontractor responsible therefor shall be liable for the
12
unpaid wages. |n addition,such contractor and subcontractor shall be liable tu
the United States (in the case of work done under contract for the District of
Columbia oro territory, to such District urtosuch terrhory>. for liquidated
Damages. Such liquidated damages shall be computed with respect toeach
individual laborer ormechanic, including watchmen and guards, employed in
violation of the clause set forth in Paragraph (h)(1) uf this section, in the sum
of $27 for each calendar day on which such individual was required or
permitted to work in axoeae of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth inParagraph
(h)<1>of29C,i §5.5,
pg Withholding for unpaid wages and liquidated damages. The Federal agency
aho|| upon its own action or upon written request of an authorized
representative of the Department of Labur, withhold or 000ae to be withheld
from any moneys payable un 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 ao may be determined tobe necessary tosatisfy
any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages mm provided im the clause set forth in Paragraph (b)(2) of
29 C,FR, §5,5,
(4) Subcontracts.The contractor or subcontractor shall insert i:n any subcontracts
the clauses set forth in28CP.R�§55.Paragraphs(b)(1)through(4).and also
a clause requiring the subcontractors ho include these clauses in any lower tier
subcontracts.The,prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R.
§5,5, Paragraphs (1)1hrou0h (4).
C) Rights to Inventions Made Under a Contract or Agreement. |f the Federal award meets the
definition of"fbndingagreement"undar37CFR04812(a)andtherecpiantoruubreopientwiahes
tm 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 mgneement.~ the recipient oraubreopient must comply with the requirements of37CFR
Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreemanta.~ and any implementing regulations
issued by the awarding agency,
D) A contract award under
^ooveredtransaction^(see 2CFIR0188,228)must not be made to parties listed on the government-
wide exclusions in the System for Award Management (GAM), in accordance with the OMB
guidelines at2C.F.R, Part 1OU that implement Executive Orders 1254S(3 C.F.R. Part 1&8SCnmp.
p� 188) and 12689 (3 C.F.R. Part 1809 Comp.. p. 235). "Debarment and Suspension" and the
Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonpmcunament
Debarment and muapanoiun). SAK8 Exclusions contains the names of parties debarred,suspended,
or otherwise excluded by aQencieo, as well as parties declared ineligible under statutory or
naQo|ato�ry muthorfly other than Executive Order 12548. SAKD exclusions can be accessed at
www.sam.aov. Contractor is required to verify that none of the contractor's principals(defined at 2
C,p,R-D180-g35)or its affiliates (defined at2CF,R. V1VV,9O5) are excluded (defined at2C,F�R.
§18O.84O)ordisqualified(defined aL2C.F.R.§|80.935>.The Contractor must comply with 2 C�F.R�
pt. 18O. subpart C and 2C.F.R. pt.3O80. subpart C.and must include e requirement hu comply with
these regulations in any lower tier covered transaction it enters into.This oerifivabonisematerial
representation of fact relied upon by the County, If it is later determined thatthe contractor did not
comply with 2C.F.R. pt. 1OO. subpart C and 2C.FR. pt. 3OOD. subpart C. in addition taremedies
available to the County,the Federal Government may pursue available remedies, including but not
limited to suapension and/or debarment. Bidders or Proposers agree to comply with the
13
requirements of3C.FR. pt. 18O. subpart C and 2C},R. Ft. 3OQO. subpart C while this offer iu
valid and throughout the period of any contract that may arise from this offer. The Bidder or
Proposer further agrees to include aproviaion requiring such compliance in its lower tier covered
tnonaectiona, including that the award is subject to 2 C.F.R. part 180 and the Department of the
Treasury's implementing regulation st31C.F.R. Part19.
E) Contractors that apply ur bid for an award
exceeding $100.000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency,a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.G.C. §1852. 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 cert0oe1ion(o)to the awarding agency. |f the award exceeds$1OQ.000.
the attached certification must be signed and submitted by the Contractor to the County.
F} The
Contractor must comply with Section 88O2of the Solid Waste Disposal Act, omamended, by the
Resource Conservation and Recovery Act. The requirements of Section 8UO2 include procuring
only items designated in guidelines of the Environmental Protection A (EPA) at 40 C,F,R-
Pmrt 247 that contain the highest percentage of recovered materials praoUoeb|e, consistent with
maintaining m satisfactory level of comP*g|t|on, 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 aemiooe 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 atimoframe providing for compliance with the contract performance
schedule;
2, Meeting contract performance requinamento� or
3. At reasonable price,
Information about this requirement, along with the list of EPA-desig:nated items, is available at
EP4/a Comprehensive Procurement Guidelines website.
The Contractor also agrees to comply with all other applicable requirements of Section 8002
of the Solid Waste Disposal Act.
G} Prohibition on certain telecommunications and video surveillance services oreguipmentas
set forth in 2 CEB § 200,216. Recipients and subrecipients and their contractors and
subcontractors may not obligate or expend any federal funds to (1) Procure or obtain,
(2)Extend or renew a contract to procure or obtain; m(3)Enter into a contract(or extend
or renew a contract) to procure or obtain equipment services, or systems that uses oouomd
telecommunications equipment or services as a substantial or essential component of any system,
orae critical technology uepart of any system, 8m described |n Public Law 115-232. section 88g.
covered telecommunications equipment istelecommunications equipmentpmduuedby Hmm*ei
Technologies Company or ZTE Corporation(or any subsidiary or affiliate of'such entities)
(i} For the purpose of public aahah/, security of government facilities, physical security
surveillance of critical infrastruutom, and other national security purpm*eo, video
surveillance and telecommunications equipment produced by Hytoru Communications
Corposation, HamQzhou Hikvinion Digital Technology Company' or Dahua Technology
Company(or any subsidiary m affiliate of such entdies).
14
(11)Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii)Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by,or otherwise connected to,the government
of a covered foreign country.
H) Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The County and
Contractor should, to the greatest extent practicable, provide a preference for the purchase,
acquisition,or use of goods, products,or materials produced in the United States(including but not
limited to iron,aluminum, steel,cement,and other manufactured products).These requirements of
this section must be included in all subawards including contracts and purchase orders for work or
products under federal award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing
processes,from the initial melting stage through the application of coatings, occurred in the United
States.
(2)"Manufactured products" means items and construction materials composed in whole or in part
of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
1) Copeland "Anti-Kickback"Act(2 C.F.R. 200, Appendix 11 (D):40 U.S.C. G3145). This section
applies if the contract is in excess of$2,000 and pertains to construction or repair, and further, if
required by Federal program legislation. Contractor shall comply with the Copeland"Anti-Kickback"
Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3),
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides in part that Contractor shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work,to give up any part of the compensation to which it is otherwise entitled. The
County shall report all suspected or reported violations to the Department of the Treasury.
15, Other Federal and/or Department of the Treasury Requirements (as applicable)
Section 602(b) of the Social Security Act (the Act), as added by Section 9901 of the American
Rescue Plan Act(ARPA), Pub. L. No. 117-2 (March 11, 2021),authorizes the Department of the
Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (Fiscal Recovery Funds).
Monroe County shall not enter into a Contract or make any distributions of funds to Contractor
using monies from the Fiscal Recovery Funds absent Contractor's agreement and adherence to
each term and condition contained herein. The Contractor and its sub-contractors must follow
the provisions set forth herein, as applicable, including but not limited to:
A) Americans with Disabilities Act of 1990(ADA),as amended.The Contractor will comply
with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder,and the assurance by the Contractor pursuant thereto.
B) Disadvantaged Business Enterprise(DBE)Policy and Obligation. It is the policy of the
County that DBEs, 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
is
contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin,or sex in award and performance of contracts,entered
pursuant to this Agreement.
C.F.R. & 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the Contractor,with the funds authorized by this Agreement,seeks to subcontract goods
or services then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the
following affirmative steps to assure that minority businesses, women's business
enterprises,and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
{1} Placing qualified small and minority businesses and women's business enterprises
on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and
women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
(5} Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of
the Department of Commerce.
(6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative
steps listed in paragraph (1)through (5)of this section.
C) Access to Records. Contractor and its successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the
access to records,accounts,documents, information,facilities and staff by the United States
Department of the Treasury. Contractors must: (1) Cooperate with any compliance review
or complaint investigation conducted by the Department of the Treasury; (2) Give the
Department of the Treasury access to and the right to examine and copy records,accounts,
and other documents and sources of information related to the grant and permit access to
facilities, personnel,and other individuals and information as may be necessary, as required
by the Department of the Treasury regulations and other applicable laws or program
guidance; and (3) Submit timely, complete, and accurate reports to the appropriate
Department of the Treasury officials and maintain appropriate backup documentation to
support the reports.
D) Chancres to Contract. The Contractor understands and agrees that any cost resulting from
a change or modification, change order, or constructive change of the agreement must be
within the scope of any Federal grant or cooperative agreement that may fund this Project
and be reasonable for the completion of the Project. Any contract change or modification,
change order or constructive change must be approved in writing by both the County and
Contractor.
E) Executive Gomigensation, As required by 2 C.F.R. Part 170, Appendix A, the Contractor
must report the names and total compensation of its five most highly compensated
executives and the names and total compensation of the five most highly compensated
executives of its subcontractors for the preceding completed fiscal year if:
(a) the total federal funding authorized to date under the award funding this Agreement
equals or exceeds$30,000.00 as defined in 2 C.F.R. §170.320;
16
(N the Contractor received BO pemard or more of its gross revenues from federal
procurement contracts (and subcontracts) and federal financial assistance subject 0nthe
Transparency Act, am provided by2C.F.R, §17D.J20(and oubcontracta);
(c) the Contractor received $25,000,000.00 or more in annual gross revenues from federal
procurement contracts (end subcontracts) and federal financial assistance subject (uthe
Transparency Act, ao defined in2CYJR� §i7D.32O (and euboontrada), 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
1834 (15U.S.C.7Om(a). 78o(d)) or Section 8104of the Internal Revenue Code of190O.To
determine if the public has access to the compensation information, see U.S. Security and
Exchange Cumm|ae|nn total compensation filings at
p} No Obligation by Federal Government. The Federal Government is not party to this
contract and is not subject to any obligations or liabilities to the County/non-Federal entity,
contractor or any other party pertaining to any matter resulting from the contract.
G) Program Fraud and False or Fraudulent Statements or Related Acts. The contractor
acknowledges that 31 U.S.C. Chopd 38 (Administrative Remedies for Fm|mo C|m|mo and
Statements) applies tnthe Contractor's actions pertaining to this contract, The Contractor
understands that making false statements o/ claims in connection with this award is m
violation of federal law and may result in criminal, civil, or administrative sanctions,including
finea, imprin*nment, civil damages and penalties, debarment from participating in federal
awards m/contracts, and/or any other remedy.
M> The Contractor shall uhHze 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 US. 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
|) The Contractor will be bound by the terms and conditions ofthe Federally Funded State &
Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the
United Stmhsa Department of Treasury attached hereto as Attachment and made m port of
this Agreement.
J} The Contractor shall hold the United States and County harmless against all claims of whatever
nature arising out ofthe Contractor's performance of work under this Agreement, to the extent
allowed and required hylaw,
K) Energy Efficiency., If applicable, the Contractor will comply with the Energy Policy and
Conservation Act (P,L, 94-183; 42 U�8.C. §§82U1-O422) and with all mandatory standards and
policies relating to mnm,Qy efficiency and the provisions of the state Energy Conservation Plan
adopted pursuant thereto.
L} Conflicts of Interest.The Contractor understands and agrees it must maintain a conflict-of-interest
policy consistent with 2C.F.R. §2OO.31D(o)and that such oonf|iot-of-inteoesi policy is applicable tu
each activity funned under the federal award as set forth in Attachment A. The Contractor and
subcontractors must disclose in writing io Treasury orthe pass-through mndty, as approphate, any
potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112.
M) Remedial Actions In the event of the Contractor's noncompliance with Section 802 of the Act,
17
other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other
program requirements,Treasury may impose additional conditions on the receipt of a subsequent
tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. §
200.339, In the case of a violation of Section 602(c)of the Act regarding the use of funds, previous
payments shall be subject to recoupment as provided in Section 602(e) of the Act and any
additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(III) of
the Act, as applicable.
N) Compliance with Federal Law,Regulations and Executive Orders. This is an acknowledgment
that Department of the Treasury (Treasury) financial assistance will be used to fund the contract
only. The Contractor agrees to comply with the requirements of Sections 602 and 503 of the Act,
regulations adopted by Treasury pursuant to Sections 602(f) and 603(f) of the Act, and guidance
issued by Treasury regarding the foregoing. The Contractor also agrees to comply with all other
applicable federal statutes, regulations,and executive orders,and the Contractor shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this
award.
Federal regulations applicable to this Department of Treasury award include,without limitation,
the following:
I. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 C.F.R. Part 200,other than such provisions as Treasury
may determine are inapplicable to this award and subject to such exceptions as
may be otherwise provided by Treasury. Subpart F—Audit Requirements of the
Uniform Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM),2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term
or condition in all lower tier covered transactions(contracts and subcontracts
described in 2 C.F.R. Part 180,subpart B)that the award is subject to 2 C.F.R.
Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19.
V. Recipient Integrity and Performance Matters,pursuant to which the award term
set forth in 2 C.F.R. Part 200,Appendix XII to Part 200 is hereby incorporated by
reference.
vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42
U.S.C. §§4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
O) Hatch Act.The Contractor agrees to comply, as applicable,with requirements of the Hatch Act(5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed in
whole or in part by this federal assistance.
P) Publications. Any publications produced with funds from the federal award as set forth in
Attachment A must display the following language:"This project[is being][was]supported,in whole
18
or in part, by federal award number[enter project FAIN]awarded to[name of Recipient]by the U.S.
Department of the Treasury."
C1) Debts Owed the Federal Government.
a. Any funds paid to the Contractor(1) in excess of the amount to which Contractor is finally
determined to be authorized to retain under the terms of this award as set forth in
Attachment A; (2)that are determined by the Treasury Office of Inspector General to have
been misused; or (3) that are determined by Treasury to be subject to a repayment
obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act and have not been
repaid by Contractor shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's
initial written demand for payment, unless other satisfactory arrangements have been
made or if the Contractor knowingly or improperly retains funds that are a debt as defined
in Paragraph 14(a)of the federal award as set forth in Attachment A.Treasury will take any
actions available to it to collect such a debt.
R) Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to the Contractor
or third persons for the actions of Contractor or third persons resulting In death, bodily
injury, property damages, or any other losses resulting in any way from the performance
of this award or any other losses resulting in any way from the performance of services
funded under the federal award as set forth in Attachment A or any other losses resulting
in any way from the performance of services pursuant to any contract,or subcontract under
this award.
b. The acceptance of these funds provided by the federal award as set forth in Attachment A
by the Contractor does not in any way establish an agency relationship between the United
States and the Contractor.
S) Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal
funds,an abuse of authority relating to a federal contract or grant,a substantial and specific
danger to public health or safety,or a violation of law,rule,or regulation related to a federal
contract(including the competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i.A member of Congress or a representative of a committee of Congress;
ii.An Inspector General;
iii.The Government Accountability Office;
iv.A Treasury employee responsible for contract or grant oversight or management;
v.An authorized official of the Department of Justice or other law enforcement
agency;
vi.A court or grand jury; or
vii.A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. The Contractor shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
19
T) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,62 FIR 19217
(Apr. 18, 1997),the Contractor is encouraged to adopt and enforce on-the-job seat belt policies
and programs for its employees when operating company-owned,rented,or personally owned
vehicles and encourage its subcontractors to adopt and enforce on-the-job seat belt policies
and programs for their employees when operating company-owned, rented, or personally
owned vehicles.
U) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513,74 FIR 51225(Oct.
6,2009),the Contractor should encourage its employees,subrecipients,and subcontractors to
adopt and enforce policies that ban text messaging while driving, and the Contractor should
establish workplace safety policies to decrease accidents caused by distracted drivers.
16. Governing Law,Venue,and Interpretation:
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida, applicable to agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
17. Severability:
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.
18. Attorneys Fees and Costs:
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, court costs, investigative, and
out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court
system, including in appellate proceedings.
19. Attestations:
Contractor agrees to execute such documents as the County may reasonably require to include,
but not limited to a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement, attached hereto as Attachment C and made a part hereof.
20. 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.
21. 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
20
participate. to the extent required by the other party, in all prooeedinga, heahngs, pmueaneo,
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 tu this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
22. 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.
25. Entire Agreement:
This writing embodies the entire uBmnmant and understanding between the parties hemto, and
there are no other agreements and uodemtand|mga, oral or written, with reference tothe subject
matter hereof that are not merged herein and superseded hereby. Any amendment to this
Agreement shall be in whting, approved by the Board of County Commiaa|one/m, and signed by
both parties before |1 becomes effective.
IN VV!TMESG VVHEREOF, the parties hereto have caused the Agreement to be executed by
their duly authorized officers on the date firatwrittenabove.
Contractor: Client:
2E&G Construction&Electrical,LLC Monroe County
BY� BY:
Printed Name: Printed Name: ROnO2DG2SteSi
Title: Vice President cf Operations Tide: County Administrator vfDesignee
DATE: s DATE: September 19 2023
MCN,ROE COUNTY ATTORNEY'S OFFICE
AS
AssisTANT COUNTY ATTORNEY
DATE: -V144aU---
31
ATTACHMENT A
EE&G CONSTRUCTION & ELECTRICAL, LLC
PROPOSAL DATED July 7, 2023
22
I drs"'9 N I- 2 h
EE64 �"Iodh 1 1
("On'struch''m 1.', LL("'
July 7, 2023
EE&G Project No. 2023-2056
Ms. Chrissy Collins
Monroe County Public Works
123 Overseas Highway
Rockland Key, FL 33040
Subject: Proposal for Remediation of Moisture and Microbial-Damaged Materials
Marathon Sheriff Substation
3103 Overseas Highway
Marathon, Florida 33060
Dear Ms. Collins
EE&G Construction & Electric, LLC (EE&G) is pleased to provide you with this proposal for the
subject work. EE&G's Statement of Services and Fee Estimate are presented below:
STATEMENT OF SERVICES
Moisture/Microbial-Damaged RgaigdIatk2a
EE&G, a Florida-licensed General Contractor, and Mold Remedintion Contractor, will provide
labor, equipment, and materials to complete the removal of identified moisture/microbial-
damaged materials and subsequent cleaning and treatment of surfaces. Remediation work will
be conducted following a pre-determined schedule of 5-6 workdays, in the following locations:
Station Commander Office,Reserve Deputy Room, Interrogation Room, Conference
Ratans, Toilet, and Training Office.
Drywall Replacement gj.
EE&G will install level-3 finish replacement mold resistant drywall on affected areas after the
completed remediation. Replacement includes re-installing existing treated base,
Project Ass u mptions
• Remediation will follow General Recommendations and industry standards for mold
remediation, including containment, HEPA filtration, use of dehumidifier(s), removal, and
disposal of identified damaged materials.
• EE&G will remove impacted materials as needed, a minimum of two feet past visual
staining/mold growth,
• Clean and treat wood base with anti-microbial coating for re-use. If significantly damaged
or deteriorated, dispose of damaged wood base.
Professional Service Agreement
July 7.2U23
2023-2058.PR0P
Page 2of2
° BE&8wN| cover and protect furnishings during removal cf damaged drywall. Following
removal of all damaged materials, HEPA vacuuming and damp wiping of surfaces
throughout the containment areas is recommended at the finish of the rermovo| and
cleaning processes.
° Final cleaning of the offices and hallway ioincluded.
0 Areas will be off limits to other workers and residents until work is completed and
containment barriers are removed.
w The owner io responsible for moving personal items and electronics from the work area,
including equipment and materials that will need to be eooemeed during the work.
Otherwise, EE&G will move shelving, desks, etc,to the center of the rooms or out ufthe
work aroaa, into an approved area of the shop. Items will be moved back after the
completion of the work,
~ Theownarvvi|/provide normal building electrical pnwermndwaerfor our usaa(nuuherge.
as needed.
m Cleaning uf the air handler unit ie not included im this proposal.
w Proposal valid for 9U
days. FEE
Presented below isEE&G`s fee for the completion af the proposed work.
Microbial Remediotimn Remove and Replace(Lump Sum) - . - . . . . . . . . . . . . $29,500.00
If this proposal is satisfactory, please aigm, dota, and forward to EE&8 the attached PSA and
retainer fee and/or send a purchase order/sub-contractor agreement. EE&8 appreciates the
opportunity to assist, Please call us if you have any questions regarding this proposal.
Yours Very Truly,
VVmUkerVV. Emmett' ill YodfrJ|menez
Miami Operations Manager Project Manager
EE&G Construction and E|euLr[oa|. LLC EE&G Construction and Electrical,
LLC Florida-Licensed Asbestos Contractor NoCJC115417Q
Florida-Licenaed Mold Remediator No. yNR8R112
ATTACHMENT B
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL
ASSISTANCE AGREEMENT
25
OM.B Approved No,1505.0271
Expiration Tate:11/30/2021
U.S.DLPAR'I'MEN'I'Dlr'I'I L"T'REASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address DUNS Number:073876757
Mouroe County Board of Commissioners 'Taxpayer Identification Ntunber:596000749
11.00 Simonton Street,Rooni 2.213 Assistance Listing Number and Title:2 L027
Key West,Florida 33040
Sectiom 602(b)and 603(b)of the Social Security Act(the Act)as added by section 9901.of the American Rescue Plan Act,Pub.L,
No.]17-2(March 11,2021)artthorizes the Department of the Treasury(Treasury)to make payments to certain recipients from the
Coronavirus State Fiscal recovery Fttad and the Coronavims Loaai Vispal Recovery hruid.
Recipients hereby agrees,as a condition to receiving such payment from Treasury,agrees to the terms attached hereto.
Rccipicat: /^� �ryBoan
Tina B V a 1 I Date:2022.08 02 09:1�1 02
-D4 oo _
Authorized Representative Signature(above)
Authorized Representative Name: Tina Doan
Authorinxl Representative Title: Senior Director Budget&Fixtattae _
Date Signed-
U.S.Department of the Treasury:
Authorized Representative Si6mature(above)
Authorized Representative Name: Jacob Leibenhdt
Authorized Representative Tide: Chief Recovery Ofpcer,Otlice oMecovefy Programs
Date Siymed: stay 14,2021 —
PAPERWORK REDUCTION ACT K0'I7C'C
Tlu infurmatfon collected WIU be ased far the U.S.Chovermnent to process requests fur support'rha ostimated burden msociated with this collection of
inforahation is 15 minutes perresponso.C;umments concerning the accuracy ofttis burden estimateond suggestions forreaucing this burden sheald be directed
to thu Office of Privacy,Trunsparennv and Records,Departnhent of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C:20220.DO NOT send thu
thrm to this address.An agency pray not conduct or sponsor,nerd a person is not required to respond to,a collection of iurcratation naiess it displays a valid
control number nssignod by OMB.
26
U.S.DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE FISCAL RECOVLRY FUND
AWARD TERMS AND CONDITIONS
I_Use of Fiends.
a. Recipient understands and agrees that the funds disbursed under this award m ay only be used in compliance with sections
602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and
financial capability to ensure proper planning,management,and completion of suchproject,
2.Period of Perform ages,The period of performance for this award begins on the date hereof and ends on December 31,2026.As
set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period
that begins on March 3,2021 and ends on December 31,2024
3.Reporting,Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award.
4.Maintenance of and Access to Records
a. Recipient shall in aintain records and financial docum ents sufficient to evidence compliance with sections 602(c)and
603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of finds.
b. The Treasury Office of Inspector General and the Govermnent Accountability Office,or their authorized representatives,
shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to
Treasury,whichever is later.
5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R.§200.458,may not be paid with funding from this award.
6.Administrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs.
7.Cost Sharing.Cost sharing or matching funds are not required to be pravidled by Recipient,
R Conflicts of Tnterest.Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R.§
200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and
subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest
affecting the awarded funds in accordance with 2 C.K?L§200.112.
9.Compliance with Annlicable Law and Regulations.
a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury
pursuant to wetiom 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also
agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award
b. Federal regulations applicable to this award include,without limitation,the following:
i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part
200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury.Subpart F--Audit Requirements ofthe Uniform Guidance,
implementing the Single Audit Act,shall apply to this award.
ii. Universal lde-ntifier and System for.Award Management(SAIv1),2 C.F.R.Part 25,pursuant to wluchthe award term
set forth in Appendix A to 2 CF.R Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term
set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governm entwide Debarment and Suspension(Nonprocurement),2 CIF 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.
27
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. Govenamentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20.
vii, New Restrictions on Lobbying,31 C.F.R.Part 21.
viii, Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C.§§4601-4655)and
implementing regulations.
ix Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following:
i. Title VI of the Civil Rights Actof 1964(42 U.S.C.§§2000d et seq.)and Treasury's implementing regulations at 31
C.F.R.Part 22,which prohibit discrimination an the basis of race,color,or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act,Title ViII of the Civil Rights Act of 1963(42 U.S.C,%3601 et seq,),which prohibits
discrim ination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability;
iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.G.§794),which prohibits discrimination on the
basis of disability under any program or activity receiving federal financial assistance,
iv. The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 at seq.),and Treasury's implementing
regulations at 31 C.F.R Part 23,which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance,and
v. Title II of the Americans with Disabilities Act of I990,as amended(42 U.S.C.§§12101 et seq.),which prohibits
discrim mation on the basis of disability under programs,activities,and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
10.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Aot,other applicable laws,
Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional
conditions on the receipt of a subsequent trancbe of future award funds,if any,or take other available remedies as set forth in 2
C.F.R.§200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments
shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act.
11 Hatch Act.Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.0 §§1501-15M and
7324-7328),which limit certain political activities of State or local govermuent employees whose principal employment is in
connection with an activity financed in whole or in part by this federal assistance,
12.False Statements.Recipient understands that m aking false statements or claims in connection with this award is a violation of
federal law and may result in criminal,civil,or administrative sanctions,including fines,hmprisomuent,civil damages and
penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law.
13.Publications.Any publications produced with funds from this award must display the following language:"This project[is
being][was]supported,in whole or m part,by federal award number[enter prof ect FAIN]awarded to Mourne County Board of
Commissioners by the U.S.Department of the Treasury."
14.Debts Owed the Federal Government.
a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain
imder tha terms of this award;(2)that are determined by the Treasury Office of Inspector General to have been misused,or
(3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603'(e)of the
Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal govenament must be paid promptly by Recipient,A debt is delinquent if it has
not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangem ents
have been made or if the Recipient knowingly or improperly retains funds that area debt as defined in paragraph 14(a).
Treasury will take any actions available to it to collect such a debt.
28
15 Disolaimer_
a. The United States expressly disclaims any and all responsibility or liahility to Recipient or third persons for the actions of
Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from
the performance of this award or any other losses resulting in any way from the performance of this award or any contract,
or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States
and Recipient.
16 Protections for Wlustleblowers
a In accordance with 41 U.S.C,§4712,Recipient m ay not discharge,demote,or otherwise discruninate 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 in ismanagement 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 GovernmentAccountability Office;
iv. A Treasury employee responsible for contract or grant oversight or managem ent;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury;or
vii A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to
investigate,discover,.or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant
native language of the world'oree.
17.Increasing,9eat Bet Use in the L Pursuant to Executive Order 13043,62 FR 19217(Apr. 18,1997),Recipient
should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when
operating company-owned,rented or personally owned vehicles.
19.Reducing Text Messaging While Drivira.Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should
encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and
Recipient should establish workplace safety policies to decrease accidents causedby distracted drivers.
29
C71vM.Approved No. 1505-0271
Expiration Date:11/30/2021
ASSURANCE OF COMPLIANCE S'VITH CIVIL RIG14TS RE,QUIRFIWIFNTS
ASSURANCE OF COMP:LIANC E WITH TITLE VI OF T14E
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of
Commissioners(hereinafter referred to as"the Rccipierit'�provides the assurances stated herein.The federal financial assistance
may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land
or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the
intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated
programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits.
This assurance applies to all federal financial assistance from or funds made available through the.Department of the Treasury,
including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Actor 1987 provides that the provisions of this assurance apply to all of the recipient's programs,
services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above,
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which
prohibits exclusionfrom participation,denial of the benefits o[,or subjection to discrimination under programs and
activities receiving federal funds„of any person in the United.States on the ground of race,color,or national origin(42
U S.C.§2000d et seq),as ituplensented by the Department of the Treasury Title Vf regulations at 31 CFR Part 22 and
other periment executive orders such as Executive Order 13166,directives„circulars;policies;m ernoranda and/or guidance
docutn ents.
2 Recipient acknowledges that Execulive Order 13166,"Improving Access to Services for Persons with Lirnited English
Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national
origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs,
services,and activities because of LT'?T'?is a form of national origin discrimination prohibited under Title VI of the Civil
Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiator
reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful
access to its programs,services,and activities.Recipient understands and agrees that meaningful access stagy entail
providing language assistance services,including oral interpretation and written translation where necessary,to ensure
effective communication in the Recipient's programs,services,and activities.
3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and
when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP
guidance at 70 FR 6067 For more information on LEP,please visit httn flw5 w ten uov.
4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of
federal financial assistance and is binding capon Recipient and Recipients successors,transferees and assignees for the
period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors,
transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every
contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees,
contractors,subcontractors„successors,transferees,and assignees:
The sub-grantee,contractor,subcontractor,successor.transferee,and assignee shalt comply with Title H of the
C'ivilRights Act of 1964,which prohibits recipients affederal finncial assistance from exchiding front a program
or activiiv,rlenying benefits of or otherauise discs infi•nahng 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 l7
regulations,31 CFR Fart 22,which are herein incorporated by reference andmade a part of this contract(or
agreement).Title 6'T also includes protection to persons with"Limited English Proficiency"in any program or
activity receiving f ederal f znanciat assistance,42 UI S.C.§2000d et serf.,as implemented by the Depari'ment of the
Treasurys Title N regulations 31'CI7l Fart 22,and hereto incoiporatedby reference and made a part of`this
contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or unproved with the aid of federal
financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent,
transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal
financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any
30
personal property is provided,flits assurance obligates the Recipient for the period during which it retains ownership or
possession of the property,
7 Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the
aforementionedobligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of
any settlement agreements that may result from these actions.That is,the Recipient shall comply with ardoarnation requests,
on-site compliance reviews,and reporting requirements.
8 Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination an
the grounds of race,color,or national origin,and limited English proficiency covered by Title Nil of the Civil Rights Act of
1964 and implementing regulation,,and provide,upon request,a list of all such reviews or proceedings based on the
complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if
Recipient has received no complaints under Title`v1.
9. Recipient must provide documentation of an administrative-agency's or court's findings of'non-compliance of Title'l and
efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and
the administrative agency that made the finding.Ifthe Recipient settles a case or matter alleging such discrimination,the
Recipient must provide documentation of the settlement If Recipient has notbeen the subject of any court or administrative
agency Finding of discrimination„please so state.
10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that
sub-recipients also comply with Title V1 and other applicable authorities covered in this document State agencies that make
sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub-recipients.
The United States of America has the right to seek judicial enforcement ofthe terns ofthis assurances document
and nothing in this document alters or limit,.;the federal enforcend ent measures that the United States may take in order to
address violations of this document or applicable federal law.
Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as
herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and
that the Recipient i,.5,=_compliance with the aforementioned nondiscrimination requirements.
"I qy IS7J 211-Z1,
Recipient Dale—T
Tina-ElgaI2
Signature of Authorized Offic ia I
PAPERWORK REDUCTION ACT NOTICE
The infom40on collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of
inforniaLion is 15 ininwes per response Comments concerning the wcuracy of this burden estimate and suMestions for reducing,this burden should be directed
to the office of Privacy,Transptirency and Records,Depmatent oftlie Treasury,1500 Pennsylvania Ave.,N.W,,Washington,DrC 1.022t DO NOT send the
four to this address.An OgOTICY MBY not conduct or sponsor,wid i PUB011 is not required to respond to,a collection ofinformation untess it displays a Valid
control number assigned by OMB
31
ATTACHMENT C
COUNTY FORMS
32
NON^COLLUSIONAFFIDAVIT
K. Robert DeVito of cit of Melbourne
aconndi:ngto law un my oath and under penalty of perjury, depose and say that:
e. U am Vice President ofOperations
uf the firm
the bidder making the Proposal for the project described in the Request for Proposals
for:
Emergency Mold Remediation-Marathon Sheriffs SubStation
and that | executed the said proposal with full' authority hodoso;
b. The prices in this bid have been arrived at independently without collusion, omnsm|tation,
communication or agreement for the purpose of restricting conmpetition, as to any matter
relating to such prices with any other bidderur with any competitor; and
C. Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly, to any other bidder orto any competitor; and
d. No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to su6mit, a bid for the purpose of restricting
competition; and
e, The statements contained in this affidavit are true and oo/raot, and made with, full
knowledge that Monroe County relies upan the truth of the statements contained in this
affidavit in awarding contracts for said project.
(Signature of Proposer) Robert DoVito (Dote)\ "
Vice President ofOperations
STATE OF: Florida
COUNTY OF: Brevard
Subscribed and sworn to(or affirmed) before me, by means of M physical presence or El online
notarizatiun, on c,Z,F, (dote) by
Robert DeVito—
(name He/She'i or has
produced (type of
identification) asidentification.
NOTARY PUBLIC
My commission expires: (SEAL)
#0 0;4�, Notary Public Slate Of Florida
Margaret L Quick
33
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010'1990
K8ONROE COUNTY, FLORIDA
ETHICS CLAUSE
~ EE&G Construction& Electrical, LbC "
(Company)
" warmatethathe/she/it oth
erwise
its behalf any former County oh5oy/or employee in v|u|aUun of Section 2 of Ordinance No. 010'
1QQOoranyCoumtyoffioeroremp|oyeeinviu|mtiwnofSeo0on3nVOrdinmnoeNo. O1O-1QQ8. For
breach or violation of this provisio,n the County may, in its discretion, terminate this Agreement
without liability and may also, in its discretion, deduct fronm the Agreement or purchase pr\oe, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer oremp|oyee"
(Signature)Robert Devito,Vice President of Operations
Date:
STATE OF: Florida
COUNTY OF:
Subnorbedandawnrntn(oraffirmed) hefoname. bynnoansofDQphyaime| preeemmaorUon|ine
motahzatiom. (date)
(name of affienN. He/8hels pers neU known to orhaa �mduced
as identification.
(Type*fidentification)
NOTAFeY PUBLIC
My commission expires:
_ (SEAL)
.4p oti� Notary Public State of Flwida
0 ono]
o:
on H
My Commission HH 120174
Expires=04121/20)25
34
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing,possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace,the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs,and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Subsection (I).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea Of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled Substance law of the United States or any state, for a violation Occurring in
the workplace no later than five(5) days after such conviction.
5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, for any employee
zn
who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
X <
Robert DeVito Proposer's Signature
Vice President of Operations zaz'_3
Date
STATE OF: Florida
COUNTY OF: Brevard
Subscribed and sworn to (or affirmed) before me,by means off] physical presence or 0 online
notarization, on__ l 5] 7-0 Z 'A _(date)by ber+
(name of afflant). He/She is era2rikial cLiown to me or has produced
(type of identification)as identification.
(thn3c- 54 (
')NOTARY PUBLIC
(SEAL) My Commission Expires: Z t)45-
.................
40N NOWY Public Slate of Honda 35
Marpret L Guick
tL0
My Commission HH 120174
Expires pi=re-s-P0412112 0 2 5
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 abid. propona|, or reply on o contract to provide any goods or
services to a public entdy, may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of public building or public work, may not submit bids on
|eeeea of real property to e public entity, may not be awarded or perform work as a controctor,
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 287017.
Florida Statuteo.forCATEGC>RYTVYDforaporiodofthidy-eix(3S) monthahmmtbodeteofbeing
placed om the convicted vendor |iat.^
| have read the above and state that neither RnbmrtOeViUu
(Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the
last thirty-six(3G) months,
(Signature)
Date:
STATE OF: Florida
COUNTY OF: Brevard
Bubsohbedendewomto(oraffirmed) befnreme. bymeanmof@Ophyeioa| preaenceorOon|ine
notarization, on,the
2O ��_(date , by ~
� (name ofaffian¢ He/She is
persona U k to Mt er has produced
(type of identification) omidentification.
NVrARY PUBLIC
(SEAL)
(Wy Commission Expires:
It :Notary Pubfir State of Florida
Ohl Margaret Quick "
of
My Commission HH 120174
P=
36
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Deuohption(s): Emergency Mold R*mnd|ation-0orat onSheriff'nSub«totuo
Respondent Vendor Name:
VendorFEIN: 064108610
Vendor's Authorized Representative Name and Title: Robert DeVito,Vice President of Operations
Address: l4a79 fiF nth Avenue
City: North Miami State: Florida Zip:__23181______
Phone Number Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into o/ 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, nrisengaged in m Boycott ufIsrael. Gectinn287.135. Florida Statutes, also
prohibits a company from bidding on submitting o proposal for. or entering into or renewing aconCruot for
good or services of $1.000.000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to a. 215.473. Florida Statuteo, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign an behalf of Respondent, | hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, orengaged in business operations in Cuba orSyria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with
the County may be terminated, at the option of the County, if the company is found to have submitted m
false certification or has been placed on the Scrutinized Companies that Boycott |oroe| List or engaged in
a boycott of lsrael 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
;n Cuba orSyria.
Certified By: . who is authorized to sign
on behalf cJ the above referenced o
Authorized Signature: X-
Print Name: Robert DeVito
Title:-
Note:The List are available at the following Department of Management Services Site:
37
DATE(MMIDD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
08/09/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Bellwether Insurance Group
NAME:
Bellwether Insurance Group,LLC HCNN. Ext: (954)800-6400 a/c,No): (954)935-7597
225 SE 15th Terrace E-MAIL certificates@BIGRiskManagement.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Deerfield Beach FL 33441 INSURERA: CRUM&FORSTER SPECIALTY INSURANCE 44520
INSURED INSURER B: Vantapro Specialty Insurance Co 44768
EE&G Construction&Electrical,LLC INSURERC: AMERICAN INTERSTATE INSURANCE COMPANY 31895
14879 NE 20th Ave INSURER D:
INSURER E:
N Miami FL 33181 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL2372704408 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 50,000
X Contractors Pollution Liability MED EXP(Any one person) $ 5,000
A X Ind Asbestos/Lead Ops Y EPK144869 08/18/2023 08/18/2024 PERSONAL&ADV INJURY $ 2,000,000
GEMLAGGREGATE LIMITAPPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ 2,000,000
PED ❑ LOC BY-_r --:t _ .,a.;,'' .'m PRODUCTS-COMP/OPAGG $ 2000000
POLICY �
X OTHER: Prof Liab-claims made DATE 8/1 j/2023 '"" Professional Liability $ 2,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
WAIVER N/A YES Ea accident
X ANYAUTO BODILY INJURY(Per person) $
B OWNED SCHEDULED Y 5087-1095-00 03/30/2023 03/30/2024 BODILY INJURY(Pe r accide nt) $
AUTOS ONLY AUTOS
X HIRED �/ NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY /� AUTOS ONLY Per accident
Uninsured motorist $ 100,000
UMBRELLA LIAB X 5,000,000
OCCUR EACH OCCURRENCE $
A EXCESS LAB CLAIMS-MADE Y EFX123456 08/18/2023 08/18/2024 AGGREGATE $ 5,000,000
DED I X1 RETENTION $ 25,000 $
WORKERS COMPENSATION X STATUTE EORH
AND EMPLOYERS'LIABI LI TY Y/N 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
C OFFICER/MEMBER EXCLUDED? N/A AVWCFL3169002023 03/25/2023 03/25/2024
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
M
Mold Ops-Claims Made Form old/Per Claim $1,000,000
A Bailees Coverage EPK140744 08/18/2023 08/18/2024 Mold Aggregate $2,000,000
Bailees Coverage $500,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Re:All projects done during the Captioned Policy term.
Monroe County BOCC is Additional Insured with respect to General Liability and Auto Liability
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton St
AUTHORIZED REPRESENTATIVE
/ r
Key West FL 33040 -
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
2023. FLQR1QA,,,LtM,IT ,P LIABILITY COMPANYANNUAL I EP :T FILED
DOCUMENT# L04000039405 Mar 09, 2023
Entity Name: EE&G CONSTRUCTION & ELECTRICAL, LLC Secretary of State
7856352988CC
Current Principal Place of Business:
5751 MIAMI LAKES DRIVE
MIAMI LAKES, FL 33014
Current Mailing Address:
5751 MIAMI LAKES DRIVE
MIAMI LAKES, FL 33014 US
FEI Number: 86-1106610 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301-2525 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Authorized Person(s) Detail
Title MANAGER Title MEMBER
Name WOODS,ADRIAN Name SCHAMBACH,DONALD
Address 5751 MIAMI LAKES DRIVE Address 5751 MIAMI LAKES DRIVE
City-State-Zip: MIAMI LAKES FL 33014 City-State-Zip: MIAMI LAKES FL 33014
Title MEMBER Title MEMBER
Name GIPE,TIMOTHY R. Name SMITH, KIRK
Address 5751 MIAMI LAKES DRIVE Address 5751 MIAMI LAKES DRIVE
City-State-Zip: MIAMI LAKES FL 33014 City-State-Zip: MIAMI LAKES FL 33014
Title MEMBER Title AUTHORIZED PERSON
Name DEVITO, ROBERT Name MORALES,ERIKA
Address 5751 MIAMI LAKES DRIVE Address 5751 MIAMI LAKES DRIVE
City-State-Zip: MIAMI LAKES FL 33014 City-State-Zip: MIAMI LAKES FL 33014
1 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath;that 1 am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and
that my name appears above,or on an attachment with all other like empowered.
SIGNATURE:ERIKA MORALES AUTHORIZED PERSON 03/09/2023
Electronic Signature of Signing Authorized Person(s)Detail Date
Local Business Tax Receipt
Miami—Dade County, State of Florida
—THIS IS NOT ABILL—DO NOT PAY
7094204 RECEIPT NO. \ILBTJ
RENEWAL
BUSINESS NAME/LOCATION 7372105 EXPIRES
EE&G CONSTRUCTION & SEPTEMBER 30, 2023
ELECTRICAL LLC
5751 MIAMI LAKES DR E Must be displayed at place of business
Pursuant to County Code
MIAMI LAKES, FL 33014-2417
Chapter 8A—Art.9&10
OWNER SEC.TYPE OF BUSINESS
PAYMENT RECEIVED
EE&G CONSTRUCTION& 196 SPECIALTY BUILDING BY TAX COLLECTOR
ELECTRICAL CONTRACTOR 84.00 09/12/2022
Worker(s) 23 CJC1154179 INT-22-412019
This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license,
permit,or a certification of the holder's qualifications,to do business.Holder must comply with any governmental
or nongovernmental regulatory laws and requirements which apply to the business.
The RECEIPT NO.above must be displayed on all commercial vehicles—Miami—Dade Code Sec Ba-276.
MIAMI•DADE For more information,visit www.miamidade.gov/taxcollector
..................,............ ........................... .............................................,.......... ............................................,.......................................... .................................. ................................................. ......................................... . .........
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14 1,,,,.111 1;;;; SERVICI1:..:.;5 LICENSEE DETAII,,,.S 9.44:38AM 8/1112023
Licensee Information
Ippt y for a CJc;ewn:se Name: EE&G CONSTRUCTION & ELECTRICAL
Vr,riftr r LLC (Primary Name)
DONALD ANTHONY SCHAMBACH JR(DBA
View Foocl & Il..csctgi ng a nst,ec,fucsirrs Name)
Main Address: 5751 MIAMI LAKES DRIVE
dune Cc,irroiuuau u,t HIALEAH Florida 33014
Crsnbi'nuwing h:�:.chv,a:,tion Course County: DADE
So asirch
Vuew Ctlsltullilc;ation Status License Information
Find Exa,nrn Informanhcau.n License Type: Asbestos Business
Rank: Asbsts Business
Uirnli°ic ei nsc,cl Activity Search License Number: ZA390
B&T 6:tO! ncta,ueunt Vuivoic e&Activity Status: Current
Ust,Seaarc h Licensure Date: 04/29/2008
Expires: 11/30/2023
Special Qualification Effective
Qualifications
Alternate Names
View in Vate d ILicense IInformation
View I....'ic e n.:e Complaint
2601 Blair Stone Road,Tallahassee FL 32399:: Email: Customer Contact Center::Customer Contact Center: 850.487.1395
The State of Florida is an AA/EEO employer,Copyright 2007-2010 State of Florida.Privacy Statement
Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do
not send electronic mail to this entity. Instead,contact the office by phone or by traditional mail.If you have any questions,please contact
850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must
provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee.
However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email
address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change.
fir, dbprar,
i r i� I s�if Businesss�'
G II tl IIBdVlllii: CONTACT U5
i¢a ai+ii 1V RegulatiC
I I 111NE SERVICES LICENSEE "'FAILS 9:45:45AM 811112023
Licensee Information
AID,priy k)r a L.ic a u lis(I Name: EVANS, CHARLES CARROLL(Primary Name)
Vel f�'r � I " "'` " EE&G CONSTRUCTION &ELECTRICAL
LLC (DBA Name)
\t"Ir�,w p aar�uP:J �� q r�aaV�gfimrap giasI�rrc:;�:ur:yo�aaa
Main Address: 5751 MIAMI LAKES DRIVE EAST
h:olr,a t::rarrritaha np: MIAMI LAKES Florida 33014
County: DADE
Coritiinuauou+l IiEdu„caat:ion Courawao
Search
License Information
Vr:w Ajppflcadoi n Sgrrfl:a~srvn _
License Type: Construction Financial Officer
V loom II1::: sx uiin giafa•nnnaall:l'on Rank: Fin Officer
Uniicen o<e(J Aa twity ?"eaairc h License Number: FR02085
Status: Current
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2601 Blair Stone Road,Tallahassee FL 32399:: Email:Customer Contact Center::Customer Contact Center: 850.487.1395
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MEMORANDUM
TO: OMB /PURCHASING DEPARTMENT
CC: CHRISSY COLLINS, DAN BENSLEY, WILLIAM DESANTIS, AND KEVIN
WILSON
FROM: PATRICIA FABLES,ASSISTANT MONROE COUNTY ATTORNEY
RE: EMERGENCY WAIVER OF COMPETITIVE PROCUREMENT
PROCEDURES FOR REMEDIATION OF MOISTURE AND MICROBIAL-
DAMAGED MATERIALS DUE TO MOLD GROWTH AT THE MCSO
SUBSTATION AT 3103 OVERSEAS HWY.,MARATHON, FLORIDA
DATE: JULY 10,2022
BACKGROUND
Chrissy Collins ("Collins"), Building/Budget Administrator for the Facilities Maintenance
Department, has advised they have learned in early July 2023, that the Monroe County Sheriff's
Office Substation office located at 3103 Overseas Hwy., Marathon, Florida("Substation Office"),
has another critical issue of mold growth in various areas throughout the building. The MCSO
Deputies and staff, stationed full-time in that facility, service the middle Keys area of the County.
Dan Bensley, Administrator for Correctional Facilities Maintenance, contacted Willie DeSantis,
Director of Facilities Maintenance, and expressed concerns that mold growth had returned within
the Substation Office. Facilities Maintenance had a pre-scheduled appointment on July 5, 2023,
with EE&G Construction&Electrical,LLC("EE&G")to inspect the Lester Building in Key West
for issues at that location, so Collins requested that the company also inspect the Substation Office
on the same trip rather than incur additional expenses later.
As you may recall, staff had previously discovered and treated the Substation Office for mold
growth in early December 2022. All Keys Cleaning&Restoration,Inc. ("All Keys")were retained
in December 2022 to conduct mold growth cleaning, treatment, and remediation of the facility,
personal property, equipment, and HVAC system. This current mold growth is in some of the
same areas as was previously treated in December. While the cause of the mold growth will be
determined by EE&G as they work through their cleaning and remediation process, it is suspected
that the underlying problem,which caused the mold initially in 2022,was not properly determined
and resolved at that time. Thus,the quick reoccurrence of the mold issue now. After being present
for the inspection by EE&G on July 5, 2023, Collins realized that Facilities Maintenance needs to
take immediate action due to the health concerns that could arise for the deputies and staff who
utilize that building. And particularly so, since some of the deputies and staff were located in
that building previously and have already had exposure to mold once. A sample of the photographs
are attached hereto which show the extensive mold growth and water droplets in some doorways.
1
Collins even commented that it was almost like entering a"rain forest"when you came into certain
parts of the Substation Office.
It is well known that mold growth within a building/facility, when left untreated, will only get
worse and can cause respiratory issues for those people within the building. This building is an
example of what can happen as well and how mold will continue to worsen when you treat a
building and clean the mold from the surfaces, but actually do not determine the root cause that is
creating the mold issue. Untreated mold growth will create a life and safety issue for staff and
particularly any staff that may already experience respiratory problems. Additionally, the mold
growth can cause severe damage to the building itself. It can also affect the functioning and
operation of certain equipment that may be a critical part of the operation of the Sheriff's
Department providing emergency services for the public. While this time, as opposed to the mold
issue in December 2022, it appears that it is the structure itself that has been affected the most as
opposed to the equipment. Some of the drywall is so wet from the inside out that the paint is
bubbling on the walls. Mold growth has been discovered on the drywall, ceiling, and baseboards
which you can see by a visual inspection. Once the drywall and ceiling panels are removed,EE&G
will better be able to determine if there is any further or more extensive damage. With the current
status, it is unhealthy to leave staff in that noxious environment. Nor is it good for the equipment
or the building for staff to not take immediate action to initiate removal of the identified
moisture/microbial damaged materials, clean, and treat all remaining surfaces, and identify what
is the cause of the mold growth to prevent future damage. Once the source of the mold problem
is identified, staff may need to take even further action to actually remedy the issue causing the
mold.
While it may be best to remove employees from the building during the cleaning and remedial
process, staff and EE&G have determined that the work can be completed in two phases with
EE&G able to encompass the particular areas being treated in order to prevent any exposure for
staff. Since staff has previously been interrupted by the earlier mold remediation project,Facilities
Maintenance is attempting to have the work conducted this time in the least intrusive manner while
allowing the deputies and staff to remain in the building. The Sheriff's Dept., however, is anxious
for this proj ect to be completed as soon as possible in order to reduce any further exposure for their
staff and to provide a safe and healthy working environment. EE&G can be available as early as
Friday, July 14, 2023, to begin its work. The EE&G Proposal for the necessary work is attached.
It was determined that there was heavy moisture and microbial surface growth throughout the
structure. The cause of the surface growth, however, is still undetermined at this point,but EE&G
is hopeful they will be able to identify the cause once the drywall is properly removed and disposed
of according to industry standards. The subsequent work to remove the mold, conduct microbial
cleaning, apply the proper treatments, replace the drywall, and any other necessary action is
expected to take five to six days with the work to be conducted in the specific locations identified
in the EE&G Proposal. Staff are not being relocated this time, but it is imperative to proceed with
the clean-up as soon as possible to prevent any further mold growth and damage and any potential
2
harmful health effects for the staff. Failure to address the mold issues again would place the
deputies and staff in a potential position of danger. As employers, Monroe County and the
Sheriff's Department, should strive to provide a healthy working environment for its employees,
rather than placing them in a compromised toxic position just by coming to work.
DISCUSSION
It is my opinion that the discovery of the mold growth this second time within the 3103 Overseas
Hwy.building(Substation Office)and on some contents has created an even greater life and safety
threat to not only the deputies and staff who work in that environment, but also members of the
public that may enter the Substation building. As such, it is my opinion that this project meets the
criteria of an "emergency" as defined in Section 2-347 of the Monroe County Code and Chapter
7(B) of the County Purchasing Policy. The prompt action by Facilities Maintenance staff to
contact EE&G, who were already coming to the Keys to inspect another property, to request that
the company also inspect the Substation Office was an appropriate action once they learned that
the mold had again become a significant issue. Collins failure to timely seek the inspection and
obtain a proposal would only result in more damage from the mold growth if action were not taken
to quickly address and eradicate the problem. Under the County Purchasing Policy in Chapter
7(B)1, the purchase of such commodities and services may be obtained in the event of a public
emergency when the public emergency will not permit a delay resulting from the competitive
solicitation process.
The Facilities Maintenance Department utilized the services of All Keys in the past, not only for
the December j ob at the Substation Office,but other projects as well,and they are a local contractor
in the Marathon area. However, Monroe County has also utilized the services of EE&G on other
projects and have found them to be responsive and have always satisfactorily completed its
projects. These two (2) companies are basically the two companies that staff has found to do this
type of work in the Keys, which is where they go beyond just"cleaning" up the mold aftermath.
Since All Keys was obviously unable to determine the underlying cause of the mold issue in
December, then staff seeks to have another company address the issue this time and do a more
thorough removal of the drywall or affected mold areas and complete the remediation process.
EE&G has a direct link as well to Gallagher Bassett who can conduct testing of any samples
provided by EE&G during the remedial process.
EE&G is not only a Florida-licensed General Contractor,but also a Mold Remediation Contractor.
The attached EE&G Proposal details how they will approach the project and replace the drywall
and any damaged wood base after it has been treated. Once EE&G has removed the drywall and
any other affected areas, they will be better able to determine the underlying cause that is creating
the mold. If any additional work is required by either EE&G or County staff beyond this Proposal,
then any other funding issues will be addressed at that time as appropriate. The Proposal in the
amount of $29,500.00 is for the initial removal, cleaning, and remediation of the moisture and
microbial-damaged materials from the Substation Office and its contents, if any contents are
3
damaged. The previous work done by All Keys in December 2022 obviously did not stop the mold
growth as seen in the attached photos. Since the amount is less than $100,000.00, staff followed
the procedures of the Purchasing Policy, for obtaining these initial emergency services without the
need to obtain additional quotes which would have intensified the mold problem even more due to
further delay.
The request for the emergency services by EE&G would not only qualify as an emergency under
the Purchasing Policy, but also under various provisions of the Monroe County Code Sec. 2-
347(k)(1) in that it is (a) an immediate danger to the public health or safety; (b) a danger of loss of
public or private property that requires immediate government action; and (c) an interruption in
the delivery of an essential governmental service by the deputies in that area if they are displaced
from the station. If the cleaning services to remove the mold and then perform the treatment of
the facility and its contents is not conducted immediately, there will be further damage to the
building and potentially medical issues for staff and the deputies. If this mold issue goes untreated
while staff puts out a competitive solicitation, then the mold problem will only get worse and
require more damaged drywall to be removed and increase the costs. Further, the delivery of
services by the MCSO deputies in that area to prevent crime and danger to residents and the public
would certainly be an essential governmental service. If the MCSO deputies and staff are displaced
from their Substation Office, it may require them to travel greater distances to provide their
services.
CONCLUSION
It is my opinion that the discovery of the new mold growth in the MCSO Substation merited
immediate action by staff to seek the services of EE&G Construction& Electrical, LLC to inspect
the property and submit its Proposal for removal and remediation of the damaged materials and
make itself available as early as July 14th to start the remedial work as set forth in the Proposal.
The reoccurrence of the mold growth and the circumstances, as explained to me, constitute an
emergency for purposes of Section 2-347,Monroe County Code and Chapter 7(B),Monroe County
Purchasing Policy. Thus, staff is warranted in requesting that the work be promptly completed
without the necessity of obtaining additional competitive bids and particularly so since it appears
that there is basically only one other company, All Keys, that offers this type of services in the
area. If staff waits to obtain additional bids, the mold will just continue to worsen and thus incur
further damage and thereby increase the costs for repairs. The staff at the Substation Office have
already been displaced once recently due to mold growth and County staff is trying to make this
mold remediation project as least disruptive as possible for them. In processing the emergency
purchase request, staff should submit the Proposal from EE&G, along with the photos and this
Memo along with all other required supporting documentation as required by the Purchasing
Policy in its submission to OMB for payment. Due to the nature of this work and that ARPA funds
will be utilized for the funding if approved, the Legal Dept. is also drafting a small contract to be
submitted as well prior to the start of the work. It is my opinion that an agenda item will not be
necessary since the total costs for these services is less than$100,000.00 so the emergency services
may be approved pursuant to the purchasing levels as set forth in Chapter 2, Section F. of the
Purchasing Policy. If you wish to discuss this repair further, I am available for discussion.
4
1EE �487 ICI �0th �renuae
b,'i,,G
July 7, 2023
EE&G Project No. 2023-2056
Ms. Chrissy Collins
Monroe County Public Works
123 Overseas Highway
Rockland Key, FL 33040
Subject: Proposal for Remediation of Moisture and Microbial-Damaged Materials
Marathon Sheriff Substation
3103 Overseas Highway
Marathon, Florida 33050
Dear Ms. Collins
EE&G Construction & Electric, LLC (EE&G) is pleased to provide you with this proposal for the
subject work. EE&G's Statement of Services and Fee Estimate are presented below:
STATEMENT OF SERVICES
Moisture/Microbial-Damaaed Remediation
EE&G, a Florida-licensed General Contractor, and Mold Remediation Contractor, will provide
labor, equipment, and materials to complete the removal of identified moisture/microbial-
damaged materials and subsequent cleaning and treatment of surfaces. Remediation work will
be conducted following a pre-determined schedule of 5-6 workdays, in the following locations:
• Station Commander Office, Reserve Deputy Room, Interrogation Room, Conference
Room, Toilet, and Training Office.
Drywall Replacement
EE&G will install level-3 finish replacement mold resistant drywall on affected areas after the
completed remediation. Replacement includes re-installing existing treated base.
Project Assumptions
• Remediation will follow General Recommendations and industry standards for mold
remediation, including containment, HEPA filtration, use of dehumidifier(s), removal, and
disposal of identified damaged materials.
• EE&G will remove impacted materials as needed, a minimum of two feet past visual
staining/mold growth.
• Clean and treat wood base with anti-microbial coating for re-use. If significantly damaged
or deteriorated, dispose of damaged wood base.
Professional Service Agreement
July 7,2023
2023-2056.PROP
Page 2 of 2
• EE&G will cover and protect furnishings during removal of damaged drywall. Following
removal of all damaged materials, HEPA vacuuming and damp wiping of surfaces
throughout the containment areas is recommended at the finish of the removal and
cleaning processes.
• Final cleaning of the offices and hallway is included.
• Areas will be off limits to other workers and residents until work is completed and
containment barriers are removed.
• The owner is responsible for moving personal items and electronics from the work area,
including equipment and materials that will need to be accessed during the work.
Otherwise, EE&G will move shelving, desks, etc. to the center of the rooms or out of the
work areas, into an approved area of the shop. Items will be moved back after the
completion of the work.
• The owner will provide normal building electrical power and water for our use at no charge,
as needed.
• Cleaning of the air handler unit is not included in this proposal.
• Proposal valid for 90
days. FEE
Presented below is EE&G's fee for the completion of the proposed work.
Microbial Remediation Remove and Replace (Lump Sum) . . . . . . . . . . . . . . . $29,500.00
If this proposal is satisfactory, please sign, date, and forward to EE&G the attached PSA and
retainer fee and/or send a purchase order/sub-contractor agreement. EE&G appreciates the
opportunity to assist. Please call us if you have any questions regarding this proposal.
Yours Very Truly,
Walker W. Emmett, II Yadir Jimenez
Miami Operations Manager Project Manager
EE&G Construction and Electrical, LLC EE&G Construction and Electrical,
LLC Florida-Licensed Asbestos Contractor No CJC 1154179
Florida-Licensed Mold Remediator No. MRSR 112
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