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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: Prcje&#2023-2056-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: 1 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. 3 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. 1 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 2 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. 3 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 4 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. 5 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. 6 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. 7 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 8 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 9 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. 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'u � w�, �„� Ytarrfsrt�„ ��nt�snC55 17 i �� � dr�P sC�,� nri9 ai fl'u' 7�sldhcn IH01ME CONTACT US 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 /III &1 IDr;hnqu.ar na grnasrr ce ay Acfivity Licensure Date: 09/21/2005 q...os Search Expires: Special Qualification Effective Qualifications Alternate Names View Related I...icense Information View I....icense 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 electronk.,.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. 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 / u��✓� llr'/�fl"� ��i� � �/v// / i ri/��/�J1 p ' / r , li lbwrN 'ri jQ 1 I 4 �1 1 r, /ter, l 11� Illllllllll�lillll!!!Illllllllllliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiu��������������������������iiiii ����������������iui��ui����ldliiiuiiiiiuiiiiiiiu�i