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Item C09 C9 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting October 18, 2023 Agenda Item Number: C9 2023-1562 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo N/A AGENDA ITEM WORDING: Approval of an Agreement with Musco Sports Lighting, LLC as a sole source provider in the amount of$372,500.00 for the upgrade of the Lighting at the Harry Harris Park. This project is being funded by American Rescue Plan Act. ITEM BACKGROUND: The lights at Harry Harris Park need to be replaced. The current lights are part of a Musco lighting system, which is a distinctive lighting system unique to parks. The equipment for this system is only available through Musco Sports Lighting, LLC. The current Musco lights are outdated halogen and are no longer being manufactured. As a result, repairs to or replacement of the existing lights is difficult. Parks and Beaches would like to replace the lights with new, state-of-the-art, LED lights while utilizing the existing poles, current proprietary remote-control functionality, and existing wiring. Monroe County Purchasing Policy Ch. 7(A)permits sole source acquisition when it is needed to ensure conformity to existing goods and equipment capability. Due to the nature of the Musco lighting system, the lights may only be replaced with those manufactured by Musco Sports Lighting, LLC, thus justifying the sole source acquisition. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: Approval STAFF RECOMMENDATION: Approval DOCUMENTATION: Sole Source Justification- Musco Lighting.pdf 2023-10-03 Agreement Signed by Contractor Harry Harris cont SBM 164056.pdf 2023 10 C01 Musco HHP signed exp 7 1 2024.pdf 637 FINANCIAL IMPACT: Total Dollar Value of Contract: $372,500.00 Total Cost to County: Current Year Portion: $372,500.00 Budgeted: Source of Funds: Funded by American Rescue Plan Act 125-06066 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: Insurance Required: Yes 638 a�,��,'r BOARD OF COUNTY COMMISSIONERS County of MonroeMayor Craig Cates,District I The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 Michelle Coldiron,District 2 �. James K. Scholl,District 3 David Rice,District 4 Memorandum TO: Purchasing Department FROM: John Allen Director Parks and Beaches GregoryW.Corning Nts:2023.itally nedbyGregory4'00'W.Corning � Date:2023.09.2716:35:00-04'00' DATE: August 21, 2023 RE: Sole Source Justification for Musco Lighting at Harry Harris Park The lights at Harry Harris Park need to be replaced. They are part of the Musco lighting system,which is a distinctive lighting system unique to parks. The equipment for this system is only available through Musco Sports Lighting, LLC. The Musco lights are outdated halogen and are no longer being manufactured. As a result, repairs to or replacement of the existing lights is difficult. Parks and Beaches would like to replace the lights with new, state of the art LED lights while using the existing poles, proprietary remote-control functionality, and wiring. Monroe County Purchasing Policy Ch. 7.A. permits sole source acquisition when it is needed to ensure conformity and equipment capability. Due to the nature of the Musco lighting system, the lights may only be replaced with those manufactured by Musco Sports Lighting, LLC, thus justifying the sole source acquisition. 639 �A � d��&�� m ��mmm�~mm� H�� /��mm �-�� m��m ��mm�� '"�r� m�� pm Where the basis of payment/nm STIPULATED SUM AGREEMENT Made eaofthe 18 m Day of OoUmbwr2O23 BETWEEN the Owner: Monroe County Board uf County Commissioners 50O Whitehead Street Key West, Florida 33O4O And the Contractor: KAuGco Sports Lighting, LLC 1O0 First Avenue West Oskaloosa, Iowa 52577 For the following Project: HARRYHARR|S BALLFUELD LIGHTING UPGRADE Scope ofthe Work The Scope of Work shall inC|ude, but not be limited to, all work eh0xvn and listed in the Project Documents and Specifications. The Contractor is required to provide 8 complete job as contemplated by the documents and SpeoifioaUonS, which are a part of this Agreement. The Contractor eheU furnish all labor, supervision, ma[erio|s, povver, tools, equipment' eupp|iea, permits and any other means of construction necessary or proper for performing and completing the Scope uf Work, unless otherwise specifically stated. Work shall include installation of new lighting on existing light po|ea, installation nf new wiring in existing conduit when naquired, and new hardware where required. Installation of lighting system should meet current requirements of the International Energy Conservation Code(IECC) adopted by the Florida Building Code. Scope of Work includes all items outlined in Attachment C — Contractor Quote and Attachment D — Drawings and Specifications. Contractor Responsibilities: 1. Provide required fixtuneo, a|eotrioe| enclosures, mounto, hardwore, wire harnesses, and control cabinets. 2. Provide fixture layout and aiming diagram. 3. Provide Project Management as required. 4. Assist our installing subcontractor and ensure our responsibilities are satisfied. Page 1of54 640 [0uscoSubcomtractor Responsibilities General: 1. Obtain any required permitting. 2. Contact local utilities for locating public utilities and confirm they have been clearly marked. 3. Contact the facility owner/m8nagerto confirm the existing private underground utilities and irrigation eyatenna have been |0oo1ad and are clearly marked to avoid damage from construction equiprn8nt. Repair any such damage during construction. 4. Provide labor, equipment, and materials to off load equipment atjobsite per scheduled delivery. 5. Provide storage containers for nn8terie|. (including electrical components enclosures), as needed. O. Provide necessary waste disposal and daily cleanup. 7. Provide security to protect delivered products from theft, vandalism, or damage during the installation. 8. Keep all heavy equipment off playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations maUead by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 8. Provide startup and aiming as required to provide complete and operating sports lighting system. 10. Installation to commence upon delivery and proceed without interruption UnU| complete. K8uacotobe immediately notified of any breaks in schedule urdelays. Demolition: 1. Remove and dispose of the existing fix1ur8e, and electrical enclosures. This will include the recycling of lamps, aluminum reflectors, ballast, and steel, as necessary. 2. Leave existing ground wires and power feed in place for connection to new lighting equipment. Retrofit K0umco Equipment to Existing Poles: 1. Provide labor, medaha|o' and equipment to assemble and install N1uSCo TLC for LED@ equipment on existing poles and terminate grounding and power feed. Power feed may need 0obe reworked to adapt 10 the new yWuacoequipment. 2. Ensure grounding components meet minimum standards required by NEC and NFPA780. 3. Provide new ground rod and pole bonding conductor per NFPA Annex A.1.O. 4. Down conductor ahG|| be converter to copper wire for any underground runs and bonded to Aroundrod(e). 5. Ensure all Musco components are bonded to both equipment and lightning grounds. No upward sweeps allowed for lightning down conductor or bonding jumper(s). See installation instructions for further information. U. Test ground resistance with 3-point noaQgerand confirm 25 ohms or less for each pole. Install additional ground rods or create grounding grid until resistance of 25 ohms or less is achieved. Electrical: 1. Provide nnateho|s, and equipment to nauaa existing e|euthoo| service panels as required. Page 2of54 641 2. Provide nnabeha|e' and equipment to reuse existing electrical wiring as permitted. 3. Provide as built drawings on completion of installation, (if raquirod). 5. Provide warranty information. Control System: 1. Provide labor, equipnnant, and nna[eri8|S to terminate all necessary wiring at existing oontn]|u cabinet. 2. Check all zones to make sure they work in both auto and manual mode. 3. Commission Contro|-Linh@bvcontacting Control-Link Central rm atO77-347-3319. ARTICLE I The Contract Documents The Contract Documents consist of this Agreement. Conditions of the Contract (General, Supplementary and other Conditions), Oraxvings, Specifications, Proposal [}mounnentS, and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written Or oral. An enumeration of the Contract DOCVnnento' other than Modifications, appears in Article 10. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents ae just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/4 ARTICLE 3 Date mf Commencement and Substantial Completion 3.1 The date of commencement is the date to he fixed in m Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Fifty (150) calendar days after the date of commencement or issuance of Notice toProceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract oheU be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion [}ate for all worh, modified by all approved extensions in time as set forth by the Director of Parks and Beaches signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Page 3 of 54 642 Und*r $5O'ODO.00 $50.00/Dav $100. $250.00/Dov $50.000.00-99.099-00 100.00/Dov 200.00/Dey 750.00/Dav $100.000.00-499.899.00 200.00/Oay 500.00/Ooy 2.000.00/[}Gy $5OO.00O.00 and Up 500.00/Doy 1.000.00/Oay 3.500.00/OGy The Contractor's recovery of damages and sole remedy Owner shall be an extension of time on the Contract. 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'a fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreeeen, was unavoidable: (a) acts of God; (b) flood, fire. Gorthquuhe, explosion, tropical storm, hurricane mr other declared emergency in the geographic area Of the Project; (u)vvmr. invasion, hostilities(whether war iS declared ornot)'terrorist threats Or oots, rimt, or other civil unrest in the geographic area of the Project; (d) government Order or |evx 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 coat or availability of materials, uVnnponento, 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 coat as a result of an Uncontrollable Circumstance. The Contractor may only eaak additional time at no coat to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time ae the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Gum of Three-Hundred, Seventy-Two Thousand, Five- Hundred and 00/100 Dollars ($372.500'00). subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Parks and Beanheo, and upon approval for payment issued by the Director of Parks and Beaches and Architect, the Owner aho|| make progress payments on account of the Contract 8unn to the Contractor as provided below and elsewhere in the Contract Documents. Page 4 of 54 643 5.2 The period covered bv each Application for payment shall be one (1) calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida Statutes) and Monroe County Code. The Contractor ioto submit tothe Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such |8vvS, rules and regulations as may govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 54 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data tosubstantiate its accuracy aathe Director of Parks and Beaches may require. This schedule, unless objected to by the Director of Parks and Beaches, shall be used as basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Paynnen! shall indicate the percentage of completion of each portion of the Work oeof the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed oefollows: 5.0.1 Take that portion of the Contract Sum properly allocable t0completed Work eedetermined by multiplying the percentage completion of each portion of the Work bythe share ofthe total Contract Gum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included (n Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for 8 deletion or Change which nymu|tS in a net decrease in the Contract Sum shall be the net cost tothe {)vvner' |800 Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved 8ch8dU|a of Values for that line item as confirmed by the Director of Parks and Beaches. When both additions and credits covering related Work or substitutions are involved in o chang*, the e||ow/onoe for overhead and profit oho|| be figured on the basis of net inoraoSo, if any, with respect to that change. 5.6.2 Add that portion of the Contract 8unn properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (nr, if approved in advance by the Owner, suitably stored off the site at a location agreed upon inm/ridng)' less ntminage; 5.8.3 Subtract the aggregate of previous payments made by the Owner; and Page 5 of 54 644 5.04 Subtract amounts, if any, for which the Director 0fParks and Beaches has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.8 shall be further modified under the following circumstances: 5.7.1 Add. upon Substantial Completion of the Work, a eunn sufficient to increase the total payments to Ninety-five percent (95%) of the Contract 8unn' less such an amount equal to 150 percent (15096) of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines for incomplete Work and unsettled c|ainnS, including the aeSeeannont of liquidated damages; and 5.7.2 Within 20 business days after the list of incomplete Work is created, the Owner must pay the Contractor the remaining Contract Sum that includes all retainages previously withheld by the Owner |eae an amount equal to 150 percent (150%) of the estimated cost to complete the incomplete Work (i.e., ''punoh" list items). ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made bvthe Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner anoapt for the Contractor's responsibility to correct nonconforming Work 8e provided in Subparagraph 12.2.2 of the General Conditions and tosatisfy other requirennenta, if any, which necessarily Survive final payment, and (2) a final approval for payment has been issued by the Director ofParks and 8aochaa. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in Section 01027 (Application for Payment) are required for Final Payment: (1)Application and Certificate for Payment (2) Continuation Sheet /3\ Certificate nf Substantial Completion (4) Contractor's Affidavit nf Debts and Claims (5) Contractor's Affidavit ofRelease of Liens (8) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a oOrnnnon form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Oocunoents). B. Operating and maintenance data, instructions tothe Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. Page 6 of 54 645 F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility curnponioa). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued bv the Monroe County Building Department. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended Or supplemented bv other provisions 0f the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe Counb/'s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County CUrnno|aeiOnorm. |n the event that the County funds Dn which this Agreement iodependent are vvithdraxvn, this Agreement is terminated, and the County has nO further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list h}||ovving a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public endb/, may not submit o bid' proposal, or reply on a contract to supply any goods nr services to o public entity, may not submit bid' proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded Or perform work Ga a contractor, supplier, oubcontraoior, or consultant under contract with any public entity, and may not transact business with any public entity in exo8ae of the threshold amount provided in Section 287.O17' Florida Statutes,for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance OfRecords. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for 1) 8 period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later or 2) a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR 8200.35. if applicable, whichever is greater. Each Page 7 of 54 646 party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Further, the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Section 602(c), Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files(including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated Page 8 of 54 647 pursuant to Section 55.03, Florida Statuteu, running from the date the monies were paid to Contractor. The Right/o Audit provisions survive the termination or expiration of this Agreement. b) Governing Law, Venue, and Interpretation. This Agreement shall be governed by and construed in accordance with the |avva of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement' the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The COUnb/ and Contractor agree that, in the event of conflicting interpretations of the terms or 8 term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. n> 8everab||itv. If any term' cmven8nt, 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 ternn, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining t8rrne, 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 e valid provision that comes as close as possible to the intent of the stricken provision. d) AUorney'e Fees and Costs. The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this AAreement, the prevailing party shall be entitled to reasonable attorney'a fees and court costs @eon award against the non-prevailing party and nh8|| include ettorney'sfees and courts costs in appellate proceedings. e\ Binding Effect. The terms, uovenente, condidona, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. � 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 aotion, as required by |evv. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice ofcounsel. g) Claims for Federal or State Aid. Contractor and County egnoa that each shall be, and is, empowered to apply for, aeak, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as e noeuU of the funding that affect the Project wi|| beprovidodtoeaohpedx. Page 9 of 54 648 h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall ba attempted to be resolved by meet and confer sessions between representatives of each 0f the parties. U the issue or issues are still not resolved to the satisfaction of the parties, then any party eh8U have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.0 Or Article 8 concerning termination or nunca||oUon. i\ Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the forrnodon, execution' performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedinge, hearings, processes, mea1inQS, and other activities related to the substance of this Agreement or provision of the Sen/icoe under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Non dimorimi nation/Equal Employment Opportunity. The parties agree that there will be no discrimination against any perSon, and it is expressly understood that upon a determination bvo court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinanoee, as applicable, relating to nondiscrimination. These include but are not limited to: 1\ Title V|| of the Civil Rights Act of1804 (PL 88-352)' which prohibit discrimination in employment on the basis of race, co|or, religion, aen' and national origin; 2\ Tide |Xofthe Education Amendment of 1972, as amended (20 U8C §§ 1O81-1O83' and 1685-1686). which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC $ 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of1975' as amended (42 USC §§ O1O1-01O7). which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act Vf1Q72 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 0\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Ant of 1070 (PL 91-016), as emanded, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of1Q12` §§ 523 and 527 (42USC §8h9Odd-3 and 290ee-3)' aeamended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1988 (42 US[| §$ 3601 8t aaq.), as annended, relating to nondiscrimination in the ee|*, rental or financing of housing; 8\ The Americans with [>iaobi|ideoActof1SSO (42UGC8121O1Note). 8annoybaannandedfronntinlatoUnne. ny|sding to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14' Article ||. which prohibits discrimination on the basis ofrace, oo|or, aen' re|igiVn, national origin, ancestry, sexual 0riantation, 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 Contnactor, in accordance with Equal Enoku/mon/ Opportunity (3O Fed. Rag. 12319. 12935, 3 C.F.R. Pad, 1864-1965 Cornp., p. 33Q). oa amended by Executive Order 11375' Amending Executive Order Page 1Oof54 649 1/246 Relating to Equal Employment Oppottunity, and implementing regulations ed41 C.F.R. PartOO (Office ofFederal Contract Compliance Prognarns, Equal Employment Opportunity, Department ofLoboh. See 2 C.F.R. Port2O0. Appendix ||' � C. agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of raca, color, religion, e8x, aaxu8| orientetiOn, gender identity, Or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during ernp|oynn*ni' without regard to their race, CO|or, re|igion, eex, sexual orientation' gender identity, or national origin. Such action shall include, but not be limited to, the following: Emp|oynnBnt, upgrading, demotion or tnansfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor egr8uo to poet in conspicuous p|eoao' available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the uontraotor, e1ske that all qualified applicants will receive consideration for employment without regard to naoe, color, religion, Sex, sexual orientation, gender identity, mr 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, disouaeed, 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 aaeenU8| job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have oocoao to such information, unless such disclosure is in response to a fmrnnm| complaint or charge, in furtherance of an invanUgadon, proceeding, heoring, or action, including on investigation conducted by the ennp|oyer, or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will ournp|y with all provisions of Executive Order 11246 Of September 24. 1965' and of the ru|eo, regulations and relevant orders of the Secretary ofLabor. O. The Contractor will furnish all information and reports required by Executive Order Page 11 of 54 650 11246 of September 24. 1985' and by the rules, reguladonS, and orders of the Secretary of Labor, or pursuant thereto' and will permit access to his booko, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the Said ru|ee, reQu|ationS, or onderS, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally 8Seieded construction contracts in accordance with procedures authorized in Executive Order 1124Oof September 24. 1SO5. and such other sanctions may beimposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965. Or by ru|e, regulation or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the Sentence immediately preceding paragraph (1)and the provisions of paragraphs(1)through (8)in every subcontract or purchase order unless exempted by ru|ee, regu|a[ionn, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24' 1805, so that such provisions will be binding upon each subcontractor orvendor. The Contractor will take such action with respect toany subcontract or purchase order as the administering agency may direct as a means of enforcing such provioiono, 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 naau|1 of such direction by the administering agency. the Contractor may request the United States to enter into such litigation to protect the interests ofthe United States. The Contractor and any subcontre(tnr, ouooaeoor, transferee, and assignee shall comply with Title V| of the Civil Rights Act of19O4' which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, co|or, or national origin (42U.S.C. §2UO0detoeq.). as implemented by the Department of the Treasury's Title V| regulations, 31 CFRPort 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.G.C. § 2000d et eoq., as implemented by the Department of the Treasury's Title V| regulations, 31 CFR Part 22. and herein incorporated by reference and made a part of this contract oragreement. k) Covenant ofNo |ntanoeL County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits aS recited in this Agreement. Page 12 of 54 651 |) Code ofEthics. 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 Statuteo, regarding, but not limited to, solicitation or acceptance Of gifts; doing business with one's agency; unauthorized compensation; nniSUoe of public position, conflicting employment or contractual relationship; and disclosure or use nf certain information. nn\ NoGo|i[jtadon8Paynnant. The County and Contractor warrant that, |n respect hoitself, it has neither employed nor retained any C0nnpony or pareon. other than 8 bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than @ bona fide employee working eo|8|y for it, any fea, oonnnniauion' peroentoge, gift' or other consideration contingent upon Or resulting from the award Or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, aiits discretion, to offset from monies owed, or otherwise recovSr, the full amount of such f8e, commission, percentage, gift. or consideration. n) Employment or Retention of Former County [)fOoere or Employees. The Contractor warrants that it has not employed, retained or otherwise had mot on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any feB, commission, percentage, gift, or consideration paid to the former County ofUoa, or employee pursuant to subsection 2-152(b), Monroe County Code of Ordinances. o> Public Records Compliance. Contractor must comply with Florida public rnoundo laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article | of the Constitution of Florida. The County and Contractor eho|| e||oxv and permit reasonable access to, and inspection of, all docunnenta, records, papers, letters or other "public reuond" nnetarie|s 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 aho|| 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 nn8tar|a| breach of this contract and the County may enforce the terms of this provision in the form of court proceeding and aheU. as a prevailing party, be entitled to reimbursement of all attornay'o fees and costs 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 Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor ie required to: Page 13 of 54 652 (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 ormmotherwise provided by |ovv. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by |avx 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 oho|| 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 oonnpmhb|a with the information technology ayetenna of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County. but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County orallow the records tobe 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 CUuntv`o 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 too valid public records request within u reasonable time may basubject to penalties under Section 119.1O, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy orotherwise dispose of any public records unless otherwise provided in this provision or as otherwise provided by |ovv. 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# 305-292-3470 Page 14 of 54 653 MONROE COUNTY AT][ORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. p} Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage Sh8|| not be deemed a waiver of immunity to the extent of liability ouver8ge, nor shall any contract entered into by the County be required tVcontain any provision for waiver. q) Privileges and Immunities. All of the privileges and immunities from |iebi|ib/' exemptions from |8vvo. ordinances, and rules and pensions and relief, disability, workers' oonnpeneaUon, and other benefits which apply to the activity of officers, agen18, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County, ehm|| apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits ofthe County. h Legal Obligations and Responsibilities: This Agreement ie not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating endty, in which case the pndbrnnGnca may be offered in satisfaction of the obligation Orresponsibility. s) Non-Delegation of Constitutional or Statutory Duties: This Agreement ie not intended to aUthor|ze, nor nhm|| it be construed as, authorizing the delegation of the constitutional or statutory duties of the Countv, except to the extent permitted by the Florida constitution, state statute and case law. t) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the termo, or any of them, of this Agreement to enforce or attempt to enforce any third- party o|ainn or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any egent, officer, or employee of either shall have the authority to inform, oounoe|, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and aport, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. u) Attestations. Contractor agrees to execute such documents as the County may na8eonob|y nequire, to ino|ud9, but not be limited to, e Public Entity Crime Statement, an Ethics Statement, Non-Collusion Statement and o [}rug-Free Workplace Statement. v) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Page 15 of 54 654 Monroe County ohoU be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. m/> Execution in Counterparts. This Aonaenn9nt may be executed in any number of counterparts, each of which Ghe|| be regarded as an origin3|, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. x) Hold Harnn|eao' Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the County and the Counh/'S elected and appointed officers and employees harmless from and against(i) any claims, actions or causes of aotion. Ui\ any litigation, administrative proceedings, appellate proceedings, or Other proceedings relating to any type of injury (including death), |oSa, dannoga, f|ne, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified podv by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms Of this Agreement, except to the extent the u|einos, actionS, oous8S of action. |itiO8don, pnoneedingn, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its ennp|oyeea, ugents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not |eme than $1 million per occurrence pursuant to Section 725.00. Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar aethe c|eimS, aotione, causes of action, litigation, proceedings, costs or expenses relate to events nr 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 Agp9annen1 |n the event that the completion of the project(to include the work Ofothers) 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 (|ountv'sbehalf. The extent ofliability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the (County)Agency's sovereign immunity. United States Department of the Treasury Indemnification Page 16 of 54 655 To the fullest extent permitted bv law,the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, |Oaeae and costs, ino|ud\ng, but not |innibad to, reasonable attorn8y'afeeS. to the extent caused by the nay|igenC8, recklessness or intentional wrongful misconduct of the Contractor and persona 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 0f the United States orthe County. y) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a pad of this Agreement and will not be used in the interpretation of any provision of this Agreement. z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that [}BE's' as defined in C.F.R. Pad 26. as ann8nded, shall have the opportunity to participate in the performance of contracts financed in whole or in pad 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 regord, all recipients and contractors shall 1eha all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable kadana| and state |evvn and regulations to ensure that DBE'S have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, oo|0r, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS a. |f the Contractor,with the funds authorized hy this Agreement, seeks tosubcontract goods ur services then, in accordance with 2C.F.R. 82O0.321.the Contractor shall take the following eMirnnadxe steps to assure that minority businesses, vvonnSn'e business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qUo|iDod enne|| and minority businesses and vvonnen's business enterprises onsolicitation lists; (2) Assuring that small and minority businesses, and vvonnen'ubusiness 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 wonn8n'obusiness enterprises; (4) Establishing delivery schedules, where the reguirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, . of such organizations ao the Grna|| Business Administration and the Minority Business Development Page 17 of 54 656 Agency of the Department of Commerce. (0) Requiring the Prime nontnao[or, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) thn}ugh (5) of this section. aa)Agreements with Subcontractors. In the event that the Contractor subcontracts any or GU of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the County as additional insured. bb\|ndopendont Contractor. At all hnoeS and for all purposes under this Agreement, Contractor iean independent contractor and not @n employee ofthe Board nfCounty Commissioners of Monroe County. No statement contained in this Agreement shall be construed So as to find Contractor or any of its nmp|oy8es, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. cc) E-Ver|fv System. Beginning January 1' 2021' in accordance with Section 448.095. Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department ofHomeland Security's E-Verifyeyot8nl to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and aho|| expressly require any subcontractors performing vvOrh or providing een/ioeo pursuant tothe 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 tothe provisions of Section 448.095. Florida Statutes. dd\Entire Agreement. This writing embodies the entire agreement and understanding between the parties hen*tO, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in vvriting, approved by the Board of County Commissioners and signed by both parties before it becomes effective. ee\F|orida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Any criteria related to lighting, such ae energy efficiency, will be applicable io this contract. Special Conditions, if any, are detailed in Section O01OOVf the Project N1enu8|forthio Project. 77 Any written notices orcorrespondence given pursuant tuthis contract shall be sent by United States W1ai|' oertifiod, return receipt requegted, postage pnepeid, or by courier with proof ofdelivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: Page 18 of 54 657 For Contractor: James M. Hansen, Secretary 100 First Avenue West Oskaloosa, Iowa 52577 For Owner: Director of Parks and Beaches Assistant Countv Administrator, PW& E County Attorney Street Suite 408 Kev West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the pn3vioione, as applicable, as Set forth in 2 C.F.R. &200.326 Contract provisions and Appendix || to C.F.R. Pod2OO. as amended, including but not limited to: 7.8.1 Contract Work Hours an VVhena opp|i:nb|e, which includes all Department of the Treasury grant and cooperative agreement progrannS, all contracts awarded by the County in excess of $1OO'OOO that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704. as supplemented by L}apmrtnnont of Labor regulations (29 CFR Part 5). Under4O 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 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not |eoe than one and a half times the basic rate of pay for all hours worked in excess of 40 hours \n the work week. The requirements of4O U.S.C. 37O4 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 unSanitory, hazardous or dangerous. These requirements do not apply to the purchases of supplies Or materials or ertio|oe 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) Owadino requirements. No contractor or subcontractor contracting for any port of the contract work' which may require or involve the employment of laborers or mechanics shall require or permit any such laborer ormechanic in any workweek in which he or she is employed on such work to work in excess offorty hours in such workweek unless such laborer ormechanic receives compensation at g rote 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. |n the event ofany violation of the o|ouua set forth in Paragraph (b)(1) of this section, the Page 19 of S4 658 Contractor and any subcontractor responsible therefor shall beliable for the unpaid wages. In addiUon, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory). for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer 0rmechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (b)(1) of this section, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of29C.F.R. §5.5. (3) 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 Labor, withhold or cause tobawithheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the eanna prime contractor, such sums aS may b8 determined t0be necessary tosatisfy any |)ebi|idea of such contractor or subcontractor for unpaid vv@gea and liquidated damages as provided in the clause set forth in Paragraph (b)(2) of 28C.F.R. 85.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the o|mueem set forth in 20 C.F.R. §5.5' Paragraphs (b)(1) through /4>' and also e clause requiring the subcontractors to include these o|8Umeo in any |uvver der subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth |n29C.F.R. @5.5. Paragraphs (1) through (4) 7.8.2 . If the Federal avv8nd meets the definition of "funding oQnaSnnant" under 37 CFR G401.2 (@) and the recipient or aubreoipient xv|mheS to enter into a contract with m small business Drnn or nonprofit organization regarding the substitution of parties' assignment or performance of experimental, dave|opnnenta|, or research work under that "funding agreement," the recipient or eubreoipient must n0nnp|y with the requirements of37 CFR Part 401' "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any |nnp|amonUnQ regulations issued by the awarding agency. 7.8.3 Clean Air Act (42 U.S.C. §7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). Contractor agrees to comply with all applicable §§7401- 7671 q), as amended and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to the Department of the Treasury and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42U.S.C. 74O1-7O71q.)and the Federal Water Pollution Control Act(33U.S.C. 1251- 659 1387). as amended—applies to Contracts and eubonante of amounts in excess of $100'000. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the Department 0f the Treasury. The Contractor agrees toreport each violation io the County, understands, and agrees that the County will, in turn, report each violation as required to assure notification to the Department of the Treasury and the appropriate EPA Regional Office. 7.8.4 contract ovv@nd under "covered transaction" (Sea 2 {}FR §180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAW1). in accordance with the []K4B guidelines at 2 C.F.R. Pert 100 that implement Executive Orders 12549 (3C.F.R. Part 1Q8OConnp.. p. 189) ond 12880 (3C.F.R. Part 1S8AConnp.. p. 235). "Debarment and Suspension" and the Department of Homeland Security's regulations at C.F.R. Part3OOO (Nonprocurernent Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAyN exclusions can be accessed at www-saLll-I.Elgy. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §1OO.S35) or its affiliates (defined at2C.F.R. §180.9O5) are excluded (defined at2C.F.R. §18O.84O) or disqualified (defined ot2C.F.R. §18O.935). The Contractor must comply with 2 C.F.R. pt. 180' subpart C and 2 C.F.R. pt. 3000. subpart C. and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2C.F.F<. pt. 180. subpart C and 2 C.F.R. pt. 3000' eubportC. in addition to remedies available to the County, the Federal Government may pursue available rennedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of C.F.R. p1. 180' subpart and 2 C.F.R. Pt. 3000. subpart C while this offer ievalid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, including that the award is subject to 2 C.F.R. Part 180 and the Department of the Treasury's implementing regulation et31 C.F.R. Part 1S. 7.8.5 —Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing Or attempting to influence on officer or employee of any agency, a member of Congress, officer or employee of Congress, or on employee of member of Congress in connection with obtaining any Federal contract, grant or any other avvanj covered by31 U.S.C. 81352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such dindueuram are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. |f the award exceeds $10O'OOO, the certification, attached hereto as A1±achrnent "B" and made a part heruof, must be signed and submitted by the Contractor to the County. Page 21nf54 660 7.8.6 Comoliance with Procurement of Recovered Materials as set forth in 2 CFR 200.322. The Contractor must comply with Section 6002 of the S0|kJ Waste [)iepooe| Act as amended, by the Resource Conservation and Recovery Act. The requirements of Section 8002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at40 C.F.R. Pert 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining 8 satisfactory level of c0nnpaddon' where the purchase price of the |[enn exceeds $10.000 or the value of the quantity acquired during the preceding fieoo| year exceeded $10'000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired -- 1. Competitively within a tinnufranne providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. Ade reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA'a Comprehensive Procurement Guidelines vvabmite. . The Contractor also agrees to comply with all other applicable requirements of Section O0U2uf the Solid Waste Disposal Act. 7.87 Prohibition on certain telecommunications and video surveillance services or_g��me�nt as set forth in 2 CFR � . Recipients and eubneoipients and their contractors and subcontractors may not obligate or expend any federal funds to (i) Prouure Or obtain; /2\ Extend or renew @ contract to procure or obtain; or /3\ Enter into m contract (or extend or nenavv a contract) to procure or obtain equipment, son/ioea, or systems that uses covered telecommunications equipment or een/ioee as e substantial or essential component of any oyetenn' or as oridoo| technology as port of any system. As described in Public Lgvv 115-232. section 889. covered telecommunications equipment ia telecommunications equipment produced by Huavvei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such enddeo). (i) For the purpose of public aafeAy, security of government foni|itioa, physical security surveillance of critical infrastructure, and other national security purposes, video aun/ei||enoe and telecommunications equipment produced by Hytena Communications Corporation, Hangzhou Hikvieinn Digital Technology Company, or Oahue Technology Company (or any subsidiary or affiliate of such enhtiee). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Ta|eoonnnounivationo or video surveillance equipment or services produced or provided by an entity that the Secretary ofDefense, in consultation with the Director ofthe Page J2of54 661 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 covered foreign country. 7.8.8 Domestic Preference for Procurements as set forth in 2 CFR_,q2OO.322 The County and Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United Stetea" rnemno, 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 ihmnne and construction materials composed in vvho|a or in part of non-ferrous metals such as aluminum; plastics and polymer-based products Such as polyvinyl chloride pipe; aggregates Such eaconcrete; glass, including optical fiber; and lumber. This section applies/f the contract/s/n excess of$2,O0O and pertains h}construction urrepair, and further, /f required by Federal program legislation. Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.G.C. G3145)' as supplemented by Department of Labor regulations (29 C.F.R. Port3)' "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 conStruotion, connp|eUon, or repair of public work, to give up any part 0f the compensation to which itis otherwise entitled. The County shall report all suspected or reported violations to the Department of the Treasury. Other Federal and Department of the Treasu!y Reguirements (as applicable) 7.8.10 . The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, eccountS, and other documents and sources of information related to the grant and permit eooeaa to facilities, personnel, and other individuals and information as may be naoeeoary, as required by the Department of the Treasury regulations and other applicable |@xvs or program guidance; and (3) Submit timely, onnnp|ete, and 000u/ata reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. Page 23ofS4 662 7.8j2 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and ba reasonable for the completion of the Project. Any contract change ormodification, change order or constructive change must be approved in writing by both the County and Contractor. 7.8.13 This is on acknowledgement that Department of the Treasury financial @Sn|otonoe will be used 10 fund the Contract only. The Contractor agrees to comply with the requirements of Section 602 and Section 603 of the Social Security Act, regulations adopted by the Department of the Treasury pursuant to Section 602(f)and Section 603(f)of the Act, and guidance issued by the Department of the Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal ntetutee, regu|GUons, and executive nrdere, and the Contractor shall provide for such compliance by other parties in any agreements U enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without |innitation, the following: i. Uniform Administrative ReqUinannentS, Cost Phnoip|eS, 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 Guidnnoe, implementing the Single Audit Act. ehe|| apply to this award. ii. Universal Identifier and System for Award Management (SAK8). 2 C.F.R. Part 25. pursuant towhich the ovvmrd term set forth in Appendix Atn 2 C.F.R. Pert 25ie hereby incorporated byreference. iii. Reporting 8ubavvard and Executive Compensation Information, 2 C.F.R. Subtitle A, Chapter |. Pad 170 pursuant tuwhich the award term set forth in Appendix A to 2 C.F.R. Pmrt1O io hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (NonpruourennenU' 2 C.F.R. Part 180. including the requirement to include a term or condition in all lower der covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B)thatthe award is subject to C.F.R. Part 180 and Treasury's implementing regulation ut31 C.F.R. Pad 19. V. Recipient Integrity and Performance Matters, pursuant towhich the award term set forth in 2 C.F.R. Port 200' AppendixX|| to Part 200 in hereby incorporated by reference. vi. Governnnenbwide 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. §§ 40O1-4O55) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. Page 24 of 54 663 7.0.14 No Obliaation by Federal Government. The Federal Government is not party tothis contract and is not subject to any obligations or liabilities tothe County/non-Federal erthv' Contractor or any other party pertaining to any matter resulting from the contract. 7.8.15 Proaram Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 7.8.16 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term ofthe Contract and ahm|| expressly require any subcontractors performing work or providing services pursuant tothe Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.17 The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fieoe| Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury attached hereto as Attachment "A^ and made e part uf this Agreement. 7.8.18 The Contractor ehe|| hold the United 8totao and County h8rnn|eaa against all o|8ima of whatever nature arising out of the Contractor's performance of work under this Agreement, tO the extent allowed and required by law. 7.8.19 Energy Efficiency. If applicable, the Contractor will comply with the Energy Policy and Conservation Act/P.L. 84-1O3;42U.S.C. §§02O1-8422\and with all mandatory standards and po|io|ao relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 7.8.20 Conflicts of Interest. The Contractor understands and agrees it must maintain aconflict- of-interest policy consistent with 2 C.F.R. § 200.310(c) and that such oonOiCt-Vf-interest policy is applicable to each activity funded under the hadare| award as set forth in Attachment A. The Contractor and subcontractors must disclose in writing to Treasury or the pass-through endtv, as appnJpriate, any potential conflict of interest affecting the awarded funds in accordance with 2C.F.R. § 2UO.112. 7.8.21 Remedial Actions. |n the event of the Contractor's noncompliance with Section OO2ofthe Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program roquirannen[s. Treasury may impose additional conditions on the receipt of e subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. 8 200.399. In the o8so of violation of Section 002(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)(8)(A)(ii)U||\ of the Ao1, as applicable. Page 25 nf54 664 7.8.23 Hatch Act. The Contractor agrees to comply, as applicable,with requirements of the Hatch Act(5U.G.C. G815O1-15OO and 7324-7328)' which limit certain political activities ofState or local government employees whose principal employment is in connection with an activity financed in whole or in pad bv this federal assistance. 7.8.23 Publications. Any publications produced with funds from the federal 8vvord 8S set forth in Attachment A must display the following language: "This project[iabeinQ]kwaelSupported' in whole or in part' by federal award number [enter project FAIN] awarded to [name Of Recipient] by the U.S. Department nf the Treaeury." 7.8.24 Debts Owed to the Federal Government. o} Any funds paid to Contractor (1) in excess of the amount to which the Contractor is Un8||y determined to be authorized to retain under the terms of the federal award as eat forth in Attachment A; (2)that are determined by the Department of the Treasury Office of Inspector General to have been misused; or(3)that are determined by the Department of the Treasury 1O be subject to o repayment obligation pursuant to SectionS0O2(8) and 603(b)(2)(D) of the Act and have not been repaid by Contractor shall constitute a debt to the federal government. b>Any debts determined to be owed the federal government must be paid promptly by the Contractor. A debt is delinquent if it has not been paid by the date specified in the Department of the Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(o) of the federal award as set forth in Attachment A.The Department of the Treasury will take any actions available to it to collect such odebt. 7.8.25 Disclaimer. a) The United 8totao expressly diac|einna any and all responsibility or liability to the Contractor or third persons for the actions of the Contractor or third persons resulting in deeth, bodily injury' property damages, or any Other |OSoao resulting in any way from the performance of services funded under the federal award as set forth in Attachment A or any other |oaaeS resulting in any way from the performance of services pursuant to any contract Or subcontract under this award. b) The acceptance of the funds provided by the hadens| axvonj as set forth in Attachment A by the Contractor does not in anyway establish on agency relationship between the United States and the Contractor. 7.8.26 Protections for Whistleblowers. a) In accordance with 41 U.S.C. § 4712' The Contractor may not discharge, denootw, or otherwise discriminate against on 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 mismanagementof a federal contract or grant, a grosswaste offederal Page 26 of 54 665 funds, an abuse of authority relating to e federal contract or grant, a oubetonds8 and specific danger to public health or safety, oroviolation of law, rule, or regulation related to e federal contract (including the competition for or negotiation of contract) or grant. b\ The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress 0ra representative of@ committee ofCongress; ii An Inspector General; iii The Government Accountability Office; ix. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other |evv enforcement agency; vi Acourt or grand jury; or vii A nnanGgenlerd official or other employee of Recipient, Contractor, Or subcontractor who has the responsibility to investigate, discover, or address misconduct. c)The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 7.8.27 Increasina Seat Belt Use in the United States. Pursuant to Executive Order 13O43. O2FR 19217 (Apr. 18' 1907). the Contractor should adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 7.8.28 Pursuant to Executive Order 13513, 74 FR 51225 ([)ot. 8. 2OO9). the Contractor should encourage its employees, subreoipiente. 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. 7.8.29 Executive Compensation. As required by C.F.R. Subtitle A, Chapter |. Part 170' the Contractor must report the nonnao 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 orexceeds $30'000.00 as defined in 2 C.F.R. 170.320; (b) the Contractor received 80 percent or more of its gross oyxenuoa from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as provided by C.F.R. 170.320 (and subcontracts); Page 27 of 54 666 (c)the Contractor received $25.O00.00.00or more |n annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. 170.320; and (d) the public does not have Goonoo to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of1S34 /15U.8.C. 7Ono(a). 78o(d))or Section 01O4of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and Exchange COrnnoioaion total compensation filings at . ARTICLE 8 Insurance 8.1 The Contractor shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (1O 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. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Beat rating of A: V| or better, that is licensed to business in the State of Florida and that has en agent for service of process within the State of Florida. The coverage ehm|| contain an endorsement providing sixty /OU\ days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in afornn acceptable tothe County. 0.3 Contractor shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 44O. Florida Statutes. B. Employers' Liability Insurance with limits of $500.000 per Accident, $500.000 Disease, policy limits, $5O0'OOO Disease each employee. C. Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including oneite and offsite operations, and owned, hired or non-owned vehicles, with $200.000 per person, $300.000 per Occurrence, $200,000 Property Damage or$300,000 combined single limit. D. Commercial General Liability Insurance, including Personal Injury Liability, covering n|ainno for injuries to members of the public or damage to property of others arising out of any covered Got or omission of the Contractor or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Brood Form Property Damage and o Blanket Contractual Liability Endorsement with $1.000'000 Combined Single Limit Page 28 of 54 667 E. An {}ccunano8 Form policy is preferred. If coverage is changed to or provided On m Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. |n addition, the period for which claims may be reported must extend for a minimum of48 months following the termination or expiration of this contract. F. County shall be named as an additional insured with respect to Contractor's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. Contractor shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of Contractor if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subcontractors. H. Contractor oh@|| provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured.The County reserves the right to require a certified copy of such policies upon request. |. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. ARTICLE 9 Termination orSuspension 9.1 The Contract may be terminated by the Owner as provided in /\dio|e 14 of the General Conditions. 9.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5)calendar days'written notification to the Contractor. 9.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (OO) days' written notice of its intention 1odoso. 0.4 Termination for Cause and Remedies: In the event of breach of any contract 1ernne. the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two(72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. |f the breach io not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the auno due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including Page 29 of 54 668 the right to pursue m claim for violation of the Countvs False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The nnaxinlunn amount due to Contractor shall not exceed the spending cap in this Agreement. 0.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted ofo|ae 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 Contnactor/ConSu|tan[ writtan notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(8)' Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 0.7 For Contracts of $1'000.000 or more, if the County determines that the Contr8otor/Conau|tnntaubnnitted a false certification under Section 287.135(5), Florida Statutes, orifthe Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List Orbeen engaged in business operations in Cuba orSyria, 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 OySection 287.135(4)' Florida Statutes, are met. ARTICLE 10 Enumeration of Contract Documents 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated eo follows: N/A 10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 10.1.2 The General Conditions are the General Conditions of the Contract for Construction. By signing this Agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for ConetruCtion, found at the following link on the Monroe County vvebpaga: 10.1.3 The Supplementary and other Conditions of the Contract are asfollows: N/4 10.1.4 The Addenda, if any, are oefollows: N/A Page 30 of 54 669 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 31 of 54 670 Execution bvthe Contractor must bebva person with authority tO bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED' (SEAL) BOARD QFCOUNTY COMMISSIONERS Attest: Kevin Madok. Clerk OFh8ONROE COUNTY, FLORIDA By: By: AS Deputy Clerk Mayor/Chairman Date (SEAL) CONTRACTOR'S Witnesses Attest: Contractor must provide two witnesses CONTRACTOR: MUSCO SPORTS Signatures LIGHTING, LL Signature: Signature. Print Name: Print Name:, Date: ()CtObe[ 3 2023 Title: And Date: Signatuna: Name: Madison Steinke OeUa: October 3 2023 STATE OF IOWA COUNTY C} On this 3rd day of October2023 ' before nne. the undersigned notary public, by means of DO physical presence or [] online, personally appeared James M. Hansen (name ofaMiond known tornetobe the person whose name ie subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for HARRY HARRUS BALLFUELD LIGHTING UPGRADE for the purposes therein contained. Notary Public Commission Number 74M Print NameCommi My commission expires: 4/2 2 (SeaUPage 32 of 54 - 671 GENERAL REQUIREMENTS Where Parks and Beaches ie Not oConstructor GectionOO75O General Conditions SeobunOOS7O Project Safety and Health Plan Section 00080 Contractor Quality Control Plan SectionO1O15 Contractor's Use of the Premises 8ectiun01O27 Application for Payment Section 01030 Alternates 8ec1iOnO1O4O Project Coordination GectiVn01O45 Cutting and Patching Section 01050 Field Engineering Section O120O Project Meetings Section 01301 Submittals Section O131O Progress Schedules 8action0137O Schedule o[Values 8ectionO1385 Daily Construction Reports GaotionO1385 Request for Information — (RF|) GectionO141O Testing Laboratory Services Section01421 Reference Standards and Definitions Seciion015OU Temporary Facilities 8ection0152O Construction Aids 8octionO155O Access Roads and Parking Areas SeotionO15OO Temporary Controls GeuiionO15QO Field Offices and Sheds Section 01585 Construction Cleaning SectionO16OO Material and Equipment SeotionO1O3O Post-Proposal Substitutions Section O1O4O Product Handling Section O17OO Contract Closeout Section 01710 Final Cleaning SGCtionO172O Project Record Documents SectionO173O Operation and Maintenance Data SectionO1740 VVerrgndoa Page 33 of 54 672 ATTACHMENT A C® ®NAVI US STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT Page 34 of 54 673 0AIR Aplaned No 1505-0271 VyHr.rti m[late; 111t).EQ1 UMOItN MIT.`TVIV AND HC01 FNCALRG;tF(J P:RYFt.A47S ltcurf i nl rr<rr re anti address I)t \S\umber 07;38575"7 ilonroeC'cnnrtw l3ctarc[of('rsntrtrissic>trcrr; Taxpar ertdcnttlicationNumber 596000'749 1 I00 Sinao M"i 9rco. Rc=1213 Vt slsutnc,�l tsthM Arun&T and"at,21.(07 hq "'a,[llonda 330 10 `utmnsa b0"?(ls)and 60::3(!r)ofthe S€seial Scecurrtt Ad(i:hc UQ asr ulded 4 ,ecticut"01 of the Amen an Resc`ttc;flan .Act. 4' & I.. No 102(Thatch I L M21}mAori s the Departrr o t>{'tlae l m mm t (Trea wo to nrA 4sati nm&m cul" rmpA&ban thC Coronava-us State Hscal Reecovcrs Fund and ttte C oloum nns I_Awal Fiscal Rc,covely FuLt(. Recipients hereby h sees,as a,condition to receiving such pgnnoU i'rorsr l wasm,aC my to the wrms attached hemu). f(:c,cil�ient. DOWfly �Igmd by`T`irta E oan _.._- --- �luthariss.d die l'n'c.,cn[aliti=e SL,,nature{�thc}ke;) 1 rn t Boan �1Lat4tasxirc�d ty.cprc:,etrtrrtivc=\arrtc�: Wthorizcd Rcprtes,,ntafi�eli lc,: Senior l)ncctor land th 1 ututct 11atc:+Si,,rre`d Departin"na of ilrc^'Creasury'. �trtltarirc,d Bdc1'tra, cnhttiw'e ,i,,rhrtrlYc {ahert�e7 Outlu"ired Rerlrcsacrntankc\anre: .I rc ol;l tiiNscnlrrit \IallJri,zed rt1e> (And'Rc`c i cer,(-711iec u6 C c,crt tti l'rer r Asti I taW Sit.;ned 51 r, 1 4 "AM I I, 4"I�WA'0RL RIDi' `I(O i'it'I" OII(Ak 11w Pmmy"GO S (ioc,.inrrrrm to pn..c.;ruaur,t>f'o, In."st itth lhi4 e,')Las,fion r.>k u frn'nlsak�Lsu c,13 crt nuato,pr�r rc!ttit,ki s© C"<>tauuc,rV,,;ana;c n�u r!the UM11"W uflh s hurc,fcus c.nwwlte m'a aus gesfions of ',itwm",thus 17ul should t. lwki L<,J ic�the<3i'"{"cc,es,1l'c[sa�, 'iansp¢tcrft�.-n�uPF",curl 17et1<Lttrr'ie,ii[c�('t!a irc.<�;ur,. fir)O;'a,;rLc�s,�Isaiuu."�.sr, ;.St'.,c„n�Isin.ttcvn LDS '.Q_'2(1 (7t)`;t7"I',en�,Ii.lte t'r�u ic>thA,,d,Ire.s>---n at�,ti�:�;Grin got�sn'ul�tul��rdlr.,rrs r,aricf a t �is�,vi is ns�t i�.ahuirech t4 n.I>�nd[v..k. Ila;u,,•,n �I'n7`orrt..>Cts ti aa.(;;rs a�f�,tska�,s:;cnlicl <�c;trs�I Er w'bei IB Page 35 of 54 674 U.S.DEPARTMENT OF THE TREASURY ('OR(JNA-V'TRI.r,S STATE FTSC'A 1,R 1,",C'0-VT1,RY Fl AIM AkVARDT E'RIvISAND CONDITIONS 1.Use oLl�unds. a. Recipient understands and agrees that the funds disbursed Under this award may 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"LlidanCe. b, Recipient will determ me 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 such project.. 2.Period LQCLPeLforitiaucc.The period ol'performance for this award begin,;on the(late hereofand 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 begin,;on March 3,2021 and ends on December 31,2024. 3.Rej)ortirtg. Recipient agrees to comply with any reporting obligations established by'Treasury,as it relates to this award. a. Recipient ,,hall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. 1). The Treasury Office Of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the,right of access to record,,,,(electronic and otherwise)of'Recipient:in order to C011CIUCt 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. -5.21Eej Aaw-ar I Costs. Pre-award cost,;,as defined in 2 C.F.R. §200,458,may not be paid with funding from this award. _0A_dMjnjLrattve.CL)sL.Recipient may use funds provided under this award to cover both direct and indirect costs. Z.Cost S�,n 12.Cost sharing or matching funds are not required to be provided by Recipient. Recipient understands and agrees it mast maintain a conflict 0f interest policy consistent with, C.P.R. § 200,318(c)and that such conflict of interest policy is applicable to cach,ACt1ViJy funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,a.,,appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2—C.F.R.§200.112, �21 "�vl c'�11- 1 & a. Recipient agrees to comply with the requirements-equirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 60'3(f)of the Act,and guidance issued by Treasury regarding the foregoing. Recipient also agrees to Comply with allother applicable federal statute,,,,,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 Requirement,,;,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Tieasuiv may detenn me are inapplicable to this Award and subject to such exceptions as may he otherwise provided by Treasury. Subpart F ALiLlit Requirements of'the l-lnilomi Guidance, implementing the Single Audit Act,shall apply to this award. ii, Universal Identifier and System for Award Management 2 CT'.R.Part 25.pursuant to which the award term set forth in Appendix A to 2(71,'.R. Part 2.5 is hereby incorporated by reference. iii. Reporting SUIXM-af dand ElxCcutive Compensation Information,2 C.F.R,Part 170,pursuant to which the award term set forth in Appendix A to 2 C.V.R.Part 170 is hereby incorporated by reference. iv. OX1.13 Guidelines to Agencies on Governnientwide Debarment and Suspension(Noriprocurement'),2(".'.R.]'art 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.1.k.Part 180,subpart B)that the award is subject to 2 C.Y.R.Part 180 and Treasury's mplenieriting regulation at 31 ('+.R.Part 19. Page 36 of 54 675 v. Recipient Integrity and Performance Matters,pursuant to which the award tern set forth in 2 C.F.R.Part'200, Appendix 1II 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. §§4601-4655j 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 16ghts Act of 1964(4'U.S.C. §§2000d ct seq.)and Treasury's implementing regulations at 31. C.F.R.Part 22,which prohibit discrimination ors the basis of race,color,or national origin under programs or activities receivin«federal financial assistance, n. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 u_S.C. §§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,frumilial status,or disability; iii. Section 5(_)4 of the Rehabilitation Act of 1973,as amended(29 I S.('. §794),which prohibits diserim illation on they basis of disability under any program or activity receiving federal financial assistance, iv. The Age.Discrimination Act of 1975,as amended(42 t 1_S.C.§§6101 et seq),and Treasurys implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination ors the basis of age in prograns or activities receiving federal financial assisu-mce;and v. Title 11 of the Americans with Disabilities Act of 1990,as amended(42 l S.( 12101 et seq.),which prohibits discrimination 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 Remeclir�l�,ct ions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,orally 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 ease of a violation of sections 602(c)or 603(c)of the Act regarding the rise of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act. JLJIaLdl-ALL Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 a S.C.§§1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is ill connection with an activity financed in whole or in part by this federal assistance, i n,'f �"taten er .Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts andior any other remedy available by law. 1 i Publications.Any publications produced with funks from this award must display the following language:"I'his project[is being][was]supported,in whole or it)part,by federal award number[enter protect FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14.Debts C7wecl the}redera)Cnwernment. a. t1ny funds paid to Recipient(I)in excess of the amount to which Recipient is finally determined to be authorized to retain. under the 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 government must be pail 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 arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. Page 37 of 54 676 �5 )is•la�n>� a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death bodily injury,property clmmages,or any other losses resulting to any way from the performance of this award or any other losses resulting in any way front 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. lb Yrofections for 1Whistlebvers a. In accordance with 41 U.S.(.§4712,Recipient 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 In ISM anagarnent of a federal contract Or grant,a gross waste of federal funds,an abuse of rant,a substantial and specific danger to public health or safety,or a violation of authority relating to n federal contract or g 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; it. An.Inspector General, iii. 'rhe Government Accountability Office; iv. A'I'raasury 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. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the warlcforce. .LT [acre tsi e tt 13e1t l >e to the United. pursuant to Executive Order 13043,62 FR 19217(Apr. M 1997),Recipient should encourage its contractors to adapt and enforce on-the-job seat belt policies and programs for their etnployc.es when operating company-owned,rented or personally owned vehicles. 1 li%hil )' r , Pursuant to 13xecutive Order 13513,74I R 51225(Oct.6,2009),Recipient should encourage its employees,suhrecipients,and contractors to adopt and enforce policies that ban text messaging while driving;and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. Page 38 of 54 677 OiN,ff3 Approved No. 1505-0271 Expiration Date: 11130i202 I ASSURANCE OF COMPLIANCE WHIT CIVIL RIGHTS REQuIRENIENI'S ASSL RANICE OF COMPLIANCE WITH TITLE VI OF THE 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 Recipient")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 govet narent 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. 'file Civil Rights Restoration Act of 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 tile manner proscribed above. 1. Recipient ensures its current and future compliance with'fitle Vf of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,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 (j T 9(- §2000d et seq.),as implemented by the Department ol'the Treasury Title An regulations at 31 CFR Pan 22 and other pertinent executive orders such as Executive Order 13106;directives,circulars;policics;memoranda and/or guidance documents 2. Recipient acknowledges that Executive Order 13166,Improving Access to Services for Persons with kimited English Proficiency,'seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English proficiency(LEV).Recipient understands that denying aper son access to its programs, services,and activities because of I,E1`is a form of national origin discrimination prohibited unclef Title%T of the(71vil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LE'fl persons have meaningful access to its,prograrns,services,and activities.Recipient understands anda-recs that meaningful access may entail providing language assistance services,including oral interpretation and written translation where nece.,isary,to ensure effective comin unicaLion in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEE'persons during development ol'applicable budgets and when conducting programs,services and activities. As a resource,the Department of the Treasury has published its I+"I' guidance at 70 FR 6067,For more information on LF.P,please visit hWL,-mNm—1-CP—ZL)L, 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient andIzecipient's successor,,,transferees and assignees for the period in which such assistance is provided. 5. t-,'ecipient 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 evcry contract or apreenient 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/ Yrarz f ree,and assignee shall cotnj)ly ivith Title VI oj'tl?e Civil Rights Act qf]964 which pa.)hibifs recipients qjft&ralfinancial assistance fromexcludingfioni a program or activity, denying benefits of or othelli,ise tfisel-intinahng against a person on the basis oj'race, color,or national oi-gin(42 US.C 2000d etseq.),as implemented by the Department of the TI-eastay's Title 1,7 regulations, 31 C[IR Part 22, which are herein n7coT7)ora1.ecI by ref erence and made a parl,of/his contract(or agreenienl). Title 171 also includes protection to persons ivith "Limited English Proficiency hi any program a,- activity recciv rag federal fncmural assistance,42 U.S.C.§2000d&I seq.,as implemented bY the Depa;-Inienl of the Treasury's Tille Megillcilions, 31 CJ-,'I?Part 22, and herein it icoqop cite 61 by;vIfel-ence aminiaLle a pari,qfthis contract or(qreepnent. 6, Recipient understands and agrees that if any real property or structure is provide([or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which tile federal financial assistance is extended or for another purpose involving the provision ofsimilar services or benefits. Ff`in\, Page 39 of 54 678 personal property is provided,this 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 Treasruy of the aforementioned obligations.Enforcement may include.investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may restdt from these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements. h. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Fact of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VL. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non,compliance,including any voluntary compliance or other agreements between the Recipient and the ache inistrative agency that.made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. I£the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub recipients also comply with'fitle VI 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 of the terms of this assurances document and nothing in this document alters or limits the federal enforcement nmeastues 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 is in compliance with the aforementioned nondiscrimination requirements. Recipient Date C at ,ig� it�ii�Bi n g� Sign-nture of Authorized(7{Itcial. PAP17RWORK REDUCI'H)N ACT NOTICE The information collected will be used for the t:T.S.Government to process requests for s,rpport.The estimated brrden m,sociated with this collection of Wortitation is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suWaestione for reducing this burden should be directed to the office of Privacy,Transptu-ency anal Records,Depanrnent of the Treasury,1500 Pennsylvania Ave N.W.,Washington,D.C.20220.DC7 NOT send the forma to this tuldress.An agency may not conduct or sponsor,and a person is not,required to respond to,a collection of information unless it displays a valid control munnber assigned by OMB, Page 40 of 54 679 ATTACHMENT COUNTY FORMS Page 41 of 54 680 NON-COLLUSION AFFIDAVIT [ James M. Hansen of the city Oskaloosa, |OVVG according to law on my oath, and under penalty ofperjury, depose and say that: 1. am the Secretary of the firm of Musco Sports Lighting, LLC the proposer making the Proposal for the project deacribedinthenotioeforcoUinyfur proposals for: Harry Harris 8aUfie|d Lighting Upgrade and that | executed the said proposal with full authority todoso; 2. The prices in this proposal have been arrived at independently without coUueion, consultation, communication 8r agreement for the purpose of restricting connpetition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by |avv' 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 indirnct|y, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other peroon, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full kn�7�1_751�.Sfi October 3, 2023 (SigoureOfKcr`omer) (Date) STATE OF: |[]WA COUNTY OF: MAHASKA Subscribed and sworn to (or affirmed) before me, by means of X physical presence or 0 online notarization, on Ootober3 2023 (date) by James [N. Hansen (name ofmffi8n8. He/She iepersonally known fOnnaor has produced (type of identification) ao |danhOo8dnn. tComrolssion Number 726594 be NOTARY PUBLIC y Commission Expires My commission expires: 04/24/2025Page 42of54 681 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. Q10-1990 KMONROE COUNTY, FLORIDA ETHICS CLAUSE ' Musco Sports Lighting, L[C ' (Company) " vvanen1s that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer oremployee in violation of Section 3 of Ordinance No. 010-1980. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price' or otherwise reoov8r, the full amount of any fee, commieaion, p8rCentege, gift, or consideration paid to the former County officer or8nnp|oyee" (Siggplu re) Date: October 3, 202 STATE OF: IOWA COUNTY OF: Subscribed and sworn to (or affirmed) before me, by nneona of physical presence or [] online notarization, on October 3, 2023 (date) by James M. Hansen (name ofafhanU. He/She is personally known to me or has produced (type of identification) as identification. Commission Number 74M84 My Commission Expires N ARY PUBLIC '(SEAL) My commission expires: 04/24/2025 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Musco Sports Li hd LLC (Name ofBusiness) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, p0000aeion, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining o drug-free workplace, any available drug counoa|ing, nahobi|itadion, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal m copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the banna of the statement and will notify the employer ofany conviction of, or plea of guilty or no|o 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 sanction on, or require the satisfactory participation in odrug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. G. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, | certify that this Unn complies fully with the above requirements. October 3,._2023 Data STATE OF: |OV&4 COUNTY OF: MAHASKA Subscribed and sworn to (or affirmed) before me, by means ofX physical presence orO online notarization, on October 3, 2023 (date) by James K8. Hansen (name nfaffiant). He/She ie personally known tomeor has produced (type ofidentification) as idenU n. Commission Number 7465P My Commission Expires NOTARY PUBLIC (SEAL) My commission expires: 04/24/2025 Page 44otS4 683 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public enUtv, may not submit a bid on a contract with 8 public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work 8a 000ntn3(tnr. mupp|i9r, subcontractor, or Contractor under e 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 o period of 36 months from the date of being placed on the convicted vendor list." | have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (38) months. Date: STATE OF: IOWA COUNTY OF: MAHASKA Subscribed and sworn to (or affirmed) before me, by means of X physical presence or 0 online notarization, on October 3, 2023 (date) by James M. Hansen (name ofmffianU. He/She iopersonally known tonneor has produced (type of identification) ga identification. Cqm5,sTion NumW,.e NOTARY PUBLIC My commission expires: 04/24/2025 Page 45 of 54 684 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Deoohpbon(s): Harry Harris Ballfield Respondent Vendor Name: VendorFBN: 42-1511754 Vendor's Authorized Representative Name and Title: James M. Hansen, Secreta!y Address: City: Oskaloosa State: Iowa Zip: 52577 Phone Number Email Address: Section 287.135. Florida Statutes prohibits o company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, ed the time cJcontracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725. Florida 8tatutae, or is engaged in o Boycott of Israel. Section 287.136, Florida Gtetuteo, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1.00O.00O or more, that are on either the Scrutinized Companies with Aohvidoo in Sudan Lint or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to o. 216.473. Florida Gtotutee, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on 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, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company tocivil pana|tiee, uUornoy'ofeen. and/or costs. |further understand that any contract with the County may be terminoted, at the option of the Cnunty, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott |araa| List orengaged in m boycott of|anse| or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba orSyria. Certified By: JameoyN. Hansen . who ioauthorized to sign on behalf of the abov fer1en pany. Authorized Signature: Print Name: James M. 1-6/nsen Title: Secretary Note: The List are available at the following Department of Management Services Site: Page 46of54 685 APPENDIX A. 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $1DO.00O\ Certification for Contracts, Grants' Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid' by or on behalf of the undena|Qned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, on officer or employee of Congress, or an employee of Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant' the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. |f any funds other than Federal appropriated funds have been paid Urwill be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned eh8|| complete and submit Standard Form-LLL' "Disclosure Form to Report Lobbying'" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all suhawardm at all tiers (including subcontracts, subQnantS, and contracts under grants, |nans, and cooperative agreements) and that all subreuipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of riot less than $10,000 and not more than $100.000 for each such failure. The Contractor, Musco Sports Lighting. LLQ, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38' Administrative Remedies for F8|aa Claims and 81atennenta, apply to this certification and disclosure, ifany. ;iTgWture of Contractor's Authorized Official James M. Hansen, Secretary Name and Tide of Contractor's Authorized Official [}ate Page 47 of 54 686 DISCLOSURE,OF LOBBYING AC.M;TTIES, 1, Type of F4&-ral Actiow 2� �tatus of Federal ACfi0t1.V 3, Report Type: HI'Coratr"Acr =,I bvi'offen'appllcz;iOn =a imwa b. p7at nurial nwud Chnm'p C. Coapffalive apeemem as�aa For Material Change 0mly: e. lowi guwawee yem_ panver loauirn-ar=p date of lzmt reporr A. Name and.Addrev.,of Reporting,Emfih, 5. IfRepff link Emht.)-imNo.4it Saba.wardee, Enter Name and,Address of Prime: prime 1-1 Tier— Lfk1,,1MM' C011gTessia,tkal Distric t,Lf known Coogressiowl Dkftrict,if known 6. Federal Departmestf'.Ageucy 7. Federal PragTam,Name jDe,,,crjpfiGw CFDA Nirmber,ifappicatilre 3, Federal Action Number,,iftmoikm: 0 Award Amwuat,,ffknz%Tj: 10. a. NAmeauAkddreszofLobby Entity L ludividnals Performing Senices (inchi.dixig Of izadi,1Ad',.ia21`,",nit name,first name,MI) 10a) ;;asr.naMR,fiz-5 C'Inach C0111Lnuatioal She'az(-')if neces4m"""' IL Amoustal'Paymesi(&Kk,all that appIT) B. Actual [:]plztumeCl F-1 a D-MITAr [:] b. Dne-rnime fey 12. Form ofPiymeat(ch*,c,k all that apply):: r coma,lion F-1 A9 13s91 d- contineent name— e defeTT-1 valve, H f orkpar,ipecifa officer(s),emploFP05),ff M#Mbel�s)comdwted:for Payineol Indicated is Item 11: Continuation Sli*et()alt itched V ek El No 7 i d r,j 1: C" S oz-6 w!"`a- Tug�&^w.,a»avrsa c i I e.,b t-an a Sjplanzs� ngiuc a wa p lncl b-f dia mar&'bov 4ve L%U la��b-3=11C Ulm w?".Madi-C awQMd:.Vx.' phtnt Name puziumi ro!1 U 13 5 21, TILL I W"YAad m f."ovcv.i�am m=m L, midw,1A bo'3�ail a of"A fear ph Lk in q;c 6 n Amy p w wm wl�o fji.La I c E k tl r,:&q4a irrd & m'iXt to I ct ]pwM!'r;of not 11a'.1 lim S CC."ry"Wiand nol U-'ory"han I I 01j,X'd"-'ar 0 ch weh fail'xio Telephone 7wio Dam Authorized fox LocalRepredixton Federal U7,P Oulv: Fami-LLL 2-6r- PART ZCCUNTY Page 48 of 54 687 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if' known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not I imited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard, 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item l(e.g., Request for Proposal(RFP)number,Invitation for Bid QFB)number,grant announcement number,the contract grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter last Name,First Name and Middle Initial(MI). 1 1. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. It'payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s) employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90aENDIF» Page 49 of 54 688 ATTACHMENT C CONTRACTOR QUOTE Page 50 of 54 689 EMENFAMEMINNEENNINERNMEM Date: August 17,2023 Project: Harry Harris Park To: Monroe County Tavernier,FL Quotation Price—Materials Delivered to Job Site and Installation -Existing Poles&Existing Electrical Marry Harris Park-(2)Baseball Fields+Controls ...........................................................................................$372,500.00 Includes Bonding Sales tax and permit fees are not included. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. SPortsClusterO system with Total Light Control—TLC for LED-technology Guaranteed Lighting Performance • Guaranteed light levels and uniformity—50/30Footccandles • BallTrackerg technology—targeted light,optimizing visibility of the ball in play with no glare in the players typical line-of-sight • UL Listed assemblies System Description • Factory wired poletop luminaire assemblies • Factory aimed and assembled luminaires,including BallTracker"luminaires • Factory wired and tested remote electrical component enclosures • Pole length,factory assembled wire harnesses • Mounting hardware for poletop luminaire assemblies and electrical components enclosures • Disconnects • UL Listed assemblies Environmental Light Control • Spill light minimized • Off-site glare light minimized Control Systems and Services • Control-Link'control and monitoring system to provide remote on/off and dimming(high/medium/low) control and performance monitoring with 24/7 customer support Operation and Warranty Services • Product assurance and warranty program that covers materials and onsite labor,eliminating 100%of your maintenance costs for 10 years • Support from Musco's Lighting Services Team—over 170 Team members dedicated to operating and maintaining your lighting system—plus a network of 1800+contractors Page 51 of 54 690 Installation Services Provided Customer Responsibilities: 1. Complete access to the site for construction using standard 2-wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by your local utilities.(i.e.water lines,electrical lines,irrigation systems,and sprinkler heads).Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3. Locate and mark field reference points per Musco supplied layout.(i.e.home plate,center of FB field). 4. Ensure existing poles are structurally adequate to handle new fixture loading. 5. Ensure usability of existing underground wiring. 6. Pay any necessary power company fees and requirements. 7. Pay all permitting fees. 8. Provide any existing as-built documents or drawings. 9. Provide sealed Electrical Plans.(If required) 10. Pay for any sod restoration. Musco Responsibilities: 1. Provide required fixtures,electrical enclosures,mounts,hardware,wire harnesses,and control cabinets. 2. Provide fixture layout and aiming diagram. 3. Provide Project Management as required. 4. Assist our installing subcontractor and ensure our responsibilities are satisfied. Musco Subcontractor Responsibilities General: 1. Obtain any required permitting. 2. Contact local utilities for locating public utilities and confirm they have been clearly marked. 3. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment.Repair any such damage during construction. 4. Provide labor,equipment,and materials to off load equipment at jobsite per scheduled delivery. 5. Provide storage containers for material,(including electrical components enclosures),as needed. 6. Provide necessary waste disposal and daily cleanup. 7. Provide security to protect Musco products from theft,vandalism,or damage during the installation. 8. Keep all heavy equipment off playing fields when possible.Repair damage to grounds which exceeds that which would be expected.Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage.Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 9. Provide startup and aiming as required to provide complete and operating sports lighting system. 10. Installation to commence upon delivery and proceed without interruption until complete.Musco to be immediately notified of any breaks in schedule or delays. --tJ Page 52 of 54 691 ea Demolition: 1. Remove and dispose of the existing fixtures,and electrical enclosures.This will include the recycling of lamps, aluminum reflectors,ballast,and steel,as necessary. 2. Leave existing ground wires and power feed in place for connection to new lighting equipment. Retrofit Musco Equipment to Existing Poles: 1. Provide labor,materials,and equipment to assemble and install Musco TLC for LED',equipment on existing poles and terminate grounding and power feed.Power feed may need to be reworked to adapt to the new Musco equipment. 2. Ensure grounding components meet minimum standards required by NEC and NFPA780. 3. Provide new ground rod and pole bonding conductor per NFPA Annex A.1.6. 4. Down conductor shall be converter to copper wire for any underground runs and bonded to ground rod(s). S. Ensure all Musco components are bonded to both equipment and lightning grounds.No upward sweeps allowed for lightning down conductor or bondingjumper(s).See installation instructions for further information. 6. Test ground resistance with 3-point megger and confirm 25 ohms or less for each pole.Install additional ground rods or create grounding grid until resistance of 25 ohms or less is achieved. Electrical: 1. Provide materials,and equipment to reuse existing electrical service panels as required. 2. Provide materials,and equipment to reuse existing electrical wiring as permitted. 3. Provide as built drawings on completion of installation,(if required). Control System: 1. Provide labor,equipment,and materials to terminate all necessary wiring at existing controls cabinet. 2. Check all zones to make sure they work in both auto and manual mode. 3. Commission Control-Link`by contacting Control-Link Central'"at 877-347-3319. C, .... .: .;� M 11a S . r,Iu. L. M, 0 Page 53 of 54 692 CMEMMIMEMMIREMEMMOMMEEM Payment Terms Net 30 Days. Delivery Timing 8-12 weeks for delivery of materials to the job site from the time of order,submittal approval,and confirmation of order details including voltage,phase,and pole locations. Due to the built-in custom light control per luminaire,pole locations need to be confirmed prior to production.Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location. • Existing Voltage&Phase electrical system requirement. • Owner is responsible for getting electrical power to the site,coordination with the utility,and any power company fees. • Product assurance and warranty program is contingent upon site review and compatibility with Musco's lighting system Thank you for considering Musco for your lighting needs.Please contact me with any questions or if you need additional details. Jason Frucht Sales Representative Musco Sports Lighting,LLC Phone: 954-732-5674 E-mail: iason.frucht@musco.com ML CO, Page 54 of 54 693 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/04/2023 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 = (D BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED U 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 ,_' � p y, 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 'a NAME: Aon Risk services central, Inc. PHONE O FAX W Omaha NE Office (A/C.No.Ext): (402) 697-1400 (A/C.No.): (402) 697-0017 'O 17807 Burke street ADD MAIL _ Suite 401 Omaha NE 68118 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Travelers Property cas co of America 25674 Musco Sports Lighting, LLc INSURER B: Sentry casualty company 28460 c/o Musco corporation 100 1st Ave W INSURER C: Sentry Insurance company 24988 Oskaloosa IA 52577 USA INSURER D: Indian Harbor Insurance company 36940 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570102085836 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as re uested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (POLICY (MM/DD/YYYY) LIMITS C X COMMERCIAL GENERAL LIABILITY 9016877004 07 01 2023 07 01 2024 EACH OCCURRENCE $1,000,000 UAMAUIE 10 KEN ILL) CLAIMS-MADE �OCCUR APPROVED BY RISK MANAGEMENT PREMISES(Ea occurrence) $1,000,000 By 1 (} `e.„ MED EXP(Any one person) $10,000 DATE 10/5/2023 PERSONAL&ADV INJURY $1,000,000 cp P'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $10,000,000 coPRo- WAIVER N/A YES ro POLICY JECT LOC PRODUCTS-COMP/OP AGG $2,OOO,OOO 0 OTHER: o r C AUTOMOBILE LIABILITY 90 16877 003 07/01/2023 07/01/2024 COMBINED SINGLE LIMIT $1,000,000 `O (Ea accident) X ANYAUTO BODILY INJURY(Per person) 0 O OWNED SCHEDULED BODILY INJURY(Per accident) z AUTOS ONLY AUTOS HIREDAUTOS NON-OWNED PROPERTY DAMAGE W 2 ONLY AUTOS ONLY (Per accident) U i" W A X UMBRELLA LIAB X OCCUR cUP3s63336023NF 07/01/2023 07/01/2024 EACH OCCURRENCE $10,000,000 O EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I RETENTION B WORKERS COMPENSATION AND 9016877001 07/01/2023 07/01/2024 X PER STATUTE ORTH- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/ Y/N ADS E.L.EACH ACCIDENT $1,000,000 B EXECUTIVEOFFICER/MEMBER EN N/A 9016877002 07/01/2023 07/01/2024 (Mandatory in NH) AZ, WI E.L.DISEASE-EA EMPLOYEE $1,000,000 E IDfyes,describe under $1,000,000 SCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT D Architects & Engineers �CE0742113903 07/01/2023 07/01/2024 Aggregate $5,000,000 Professional claims-Made SIR $250,000 SIR applies per policy ter s & condi ions Each claim $5,000,000 .�L DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) C RE: Musco Project 164056 - Harry Harris Park. Monroe county Board of county commissioners with its employees and agents are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein is Primary and Non-contributory to other s insurance available to Additional Insured, but only in accordance with the policy's provisions. A Waiver of subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the General Liability, Automobile Liability, %- Umbrella Liability and Workers' compensation policies. J _H CERTIFICATE HOLDER CANCELLATION j a� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION T-- DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 5z- 1- Za j Monroe county Board AUTHORIZED REPRESENTATIVE of county commissioners 500 Whitehead street Key west FL 33040 USA ©1988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks ofACORD 694 'L LIABILITY POILICY14UMBER' 9016877004 CO ME MRCIAL GEN ERA CG 20 10 12 19 THII IENC ORSEMENTCHA MINE S THE, POLICY. PLEASE READ IT CAREFULLY., ADDITIONAL INSURED 1- OWNERS, LESSEES OR CONTRACTORS 1- SCHEDULED PERSON OR, ORGANIZATIGN This endolrsernpant modifies in,suraince provided under the fol lowin '. C"MMERCIAL GENERAL.LABILITY COVERAGE PART SCHEDULE NIame Of Additianal llinsuured Person(s� Or Orgianization,(s), Locaflion,(s)()f Covered Operations As required by written contract linfon-nation required to complete this Schedule, lif not shown above W 11 be shown iin the Declarations. X Sectibn Ilil - Who Is An IInsured lira arneinded to B. With respect to the insurance afforded to these include as an addificmal iinSUire-d the Iperson(s) or addifianal MISUreads, the, following additional arganiizatillon(s) shown in the SchedLlle�, bUt 0111Y exclusions,apply.: with respect to liaUlit for "bodily iinjury":, This insuraince idoe,,,r,,, not apply to "Ibodily injury"or property darnage" or "persoinal and adveirtising "propertV darnage" occurding alter,' injUr/' MKISP-d, iin w.hale or in part, by�� I. AHi work, iin,cludunlg matehals, 1parts or 1. 'dour acts or ornmsions" or eqUipmeinil furnished iin con,'nectian with such 2. The acts or omissions of those acting on your work, on the project (otheir than service, behalf" maintenance.m.or repaliirs)to be performed by or in the pei-formance Of YOU r oingoi ng operations for Guinn behalf of flie additional insuired(s) at the the additional illSlllired(s) at the location(s) location of the covered operatims has, beein compl ;,eted or desiginated above. I However, 2,. That portion Of "Your work." out of which the iinjury or danizage arises,, has (been Put to sits 1. The linsuurainnuce afforded to SUch additional irtenideld use Iby any person or organizaticin iinsuired only applies to the extant perm itted by other than another cantractor or law, aind SLI b1contractor engaged in performing 2. 11' coverage provided to the additicinal ilISUred operabans for a principal as a part of the,sarne is required by a contract or agreement, the, project- iinsura,nee, afforded to SLICII additional insured wMi not be broader than thizat w1lich YOU are required by the contract or agreement to provide forsouch add itilanall lirnsuured.. CG 20 10 12 19, @)Illinisuranuce Services(D,fflcp.-:, I,nc., 2018, Pager I of 2 9016,877 0&212023 Sent7y limsurance Comparry 0MC,, MCCUMW 231,74 1: N 695 C., WAh respect to the iinsurance, afforded to the 2,. AvaEable Ulider the applicaNe limAs of additianal insureds, the following is added to insurance; Section III - Limits,Of Insurmice: whichever i Iless. If coverage provided to the additional insured Its This eniclorslempaN shall not iincrease the ire,qL,Iiire,d by aI cointract or agreenieN, the most we applicable [imits of iinsur-Liince. will Ilpay oin Ibehnalf of the additional inSUred is the aniou,nt of iinsuiralice, 1® Required by the coinft-Lict or agreement, or �Page 2 ,of Illine5Uanooe Inc., 2018 C Gi 2,011, TO 12:19, 9016877 Sentry Insurance Cw,npamy 696 POLICY NUMBER: 9016877004 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization you are required to add as All Locations an additional insured by written contract or agreement See Continuation Page Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured applicable limits of insurance. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Pagel of 2 9016877 06/23/2023 Sentry Insurance Company 697 1 00001 0000000000 23174 0 N 24937384-bf3e-4e60-9a45-647961dcfd3b Continuation Page in effect prior to any loss or damage. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 37 12 19 9016877 06/23/2023 Sentry Insurance Company 698 IL 70 58 02 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM COMMERCIAL AUTOMOBILE COVERAGE PARTS COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PARTS COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY POLLUTION LIABILITY COVERAGE ERRORS AND OMISSIONS COVERAGE FORM In the event we cancel this policy, we shall endeavor to also mail to the person(s)or organization(s) listed in the Schedule for this endorsement advance written notice of cancellation. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s)or organization(s)shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule below to any benefit, rights or protection under this policy. Failure by us to provide this notice of cancellation to the person(s) or organization(s) listed or described in the Schedule below will not impose liability of any kind upon us. Any of these provisions that conflict with a law that controls the notice of cancellation of the insurance in this endorsement is changed by this statement to comply with the law. Schedule Person(s)or Organization(s) including mailing address: Per the listing of certificate holders provided by the Broker upon our request. 30 day notice of cancellation applies. All other terms and conditions of this policy remain unchanged. IL 70 58 02 14 Page 1 of 1 9016877 Sentry Insurance Company 699 1 00001 0000000000 21179 0 N b48fe660-6afd-4e5f-891f-6873dca09543 CO MMEIRC IAL AUTO ,CA 80 07 0618 THI IENDORSEIf ENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL, INSURED - AUTOMATIC STATUS, WHEN REQUIRED BY CONTRACT OR AGREEMENT WITH YOU This endorsernent modifies insurance provilded under thfe fol lowhlg:� AUTO,DEALERS COVERAGE FORM BUS1111NIESS AUTO COVERAGE IFORMI MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provi&Dns of the, Coverage Form apply Linliess modified by thins endarserneinI. A. The Who, Is An Insured provismi of Covered Autos ILiahatliiry Coverage is amended to iiinflUde as an adlditional insuired any persoin or orgainization for WhOM YOU are perforimrng operations when you and such person or orgainizettion Ihave agreed in writing iiin a contrzact or agirelement that such person or orgalIzation be added as an addRiona1 insured on your poicy. The status Of aim additional insUired Under this endorsement eirds when your operations for that additiodial insured One,COMPIPtGd. IB. The imost we will pay oin behalf of the additional insured is,the Illesser of the 3 MOU It poiyable under the LinAt of Insurance for Covered Autos Liability Coverage, or the 9rilotrnt of ilnSLIrance required by the,contract or agreement. C. Notwithstanding any requirement, term of condition of any contract or agreerneiv with respect to which this eindorsement imay pedain, the inslff3ince afforded to the'additionall insured i's subject to al,11111 the temis,exc[usions and coinditions of the COMMERCIAL AUTO C'OVERAGE IFORIM to wNch this endorsement is attached. CA 80,G7 0618 includes copyrighted material Of IIISUrance SeNces Office, inc., Page,I of 1 90 1 5B77 Wth its pemiissil on. De,12-1V202213 Spntry InSUrame Cconpiry DMC Ik MOMMMO.3174�D N 700 POLICY NUMBER: 9016877003 COMMERCIAL AUTO CA76160618 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Musco Corporation Endorsement Effective Date: 07/01/2023 The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to a person(s) or organization(s), but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a written contract with that person or organization. CA 76 16 06 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 9016877 with its permission. 06/23/2023 Sentry Insurance Company 70,E 1 00001 0000000000 23174 0 N e72071-a3cb-4426-8f2e-1be3a20eab17 POLICY NIUMBER: 90169771004 COMMERCIAL GEUERAIL ILtAB11TY CG 24,04 1219 THS ENDORSEMENTCHANGES THE POLICY., PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER, OF SUBRO,GAT11O,N) This endorsement modifies, insiiraince Iparovided Linder the follllukng:: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTROM�C DATA UABILITYCOVERAGE PART LIQUOR LIABILJ[TY COVERAGE IPART FOLLUTIOIN LIABIUIT'Y COVERAGE PART DESIGNATED&TES POLLUTION LIABUff'Y UMITED COVERAGE PART DESIGNATEQ SITES FRODUCTS(COMPLETED,OPERA70M.ILI,ARILIIITYCOVERAGE PART RAILROAD PROTEC7�',/E LIABILIT'Y COVERAGE PART UNUERGROJUND STORAGE TANK IPOLICY DESIGNATED TANKS SCHEDULE Naime Of Persooli(s)Of Organizati,on,(s): Any Ipersm or orgardzaboin,to whom YOU are reqdted to waive your dgM to areacover by a written contract or agreement executed pflior to Ills Mformition required to comobte this,Schedule, liif not show n above,wfil be shrAvii in the IEeclaraticvns. The foHmiing is, added to Paragraph 8. Transfer Of Rights Of Recovery Agidinisl Others To Us of Section IV -conditions: We milN'e ziny night of recoveryzilgainst the person(s) of organization(s) shown in the SchedUle above b-S-MUSe of paymems we make Linder this Coverage PaM Such WarV'F-1r by L2 9lpobeS 0,11�y to the, extent that the Insured Ihuas mzirvemd hits rjit of recovery against such pe rsoii(s)or oirganiizati&iii(s)Iprior to loss. Thins endorsement applies cvi,1ly to the person(s) or organizations)shmn liin the SchedLfle above. CG 24 04,12 19, Og insurance Services�(Dfi ce, Ins 2018 Page,I of 11 018677 D]5�2ar=23 Sentry 11nSUrinne Cwmparry 702 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name: Address: AL, AR, CO, CT, FL, GA, IA, ID, IL, IN, KS, LA, MD, MI, MN, MO, MS, NC, NY, OK, OR, PA, RI, SC, TN, VA Description of Waiver: Any person or organization for whom the Named Insured has agreed by written contract executed prior to loss. JobID: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) ©1983 National Council on Compensation Insurance. Page 1 of 1 9016877001 Sentry Casualty Company 703 1 00002 0000000000 21179 0 N 85847514-b51d-454c-a68e-be75ff5ffc32 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION-CERTIFICATE HOLDERS WORKERS COMPENSATION The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. Such copies of the notice will be mailed as soon as practicable to the address or addresses provided by your broker or agent. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s)or organization(s)shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule below to any benefit, rights or protection under this policy. Failure by us to provide this notice of cancellation to the person(s) or organization(s) listed or described in the Schedule below will not impose liability of any kind upon us. Any of these provisions that conflict with a law that controls the notice of cancellation of the insurance in this endorsement is changed by this statement to comply with the law. SCHEDULE Person(s)or Organization(s) including mailing address: Per the listing of certificate holders provided by the Broker upon our request. 30 day notice of cancellation applies All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium: Insurance Company Countersigned by Change effective 07/01/2022 WC 99 06 72 (Ed. 09 11) Page 1 of 1 9016877 09/23/2022 Sentry Casualty Company 704 1 00001 0000000000 22266 0 N 6af336b5-4e7f-4332-96c0-6cf68a2d7241 POLICY NUMBER: 9016877003 COMMERCIAL AUTO CA 76 01 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY - COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. Named Insured: Musco Corporation Endorsement Effective Date: 07/01/2023 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization you are required to add as an additional insured by written contract or agreement See Continuation Page Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Each person or organization shown in the B. Primary And Noncontributory Insurance Schedule is an "insured" for Covered Autos This insurance is primary to and will not seek Liability Coverage, but only to the extent that contribution from any other auto insurance issued person or organization qualifies as an insured to the person or organization in the schedule under the Who Is An Insured provision contained under your policy provided that: in: (1) Paragraph A.1. of Section II - Covered Autos (1) The person or organization is a Named Insured Liability Coverage in the Business Auto and under such other insurance; and Motor Carrier Coverage Forms; or (2) Prior to the "accident' you have agreed in (2) Paragraph D.2. of Section I - Covered Autos writing in a contract or agreement that this Coverages of the Auto Dealers Coverage insurance would be primary and would not seek contribution from any other insurance Form. available to the person or organization. CA 76 01 06 15 Includes copyrighted material of Insurance Services Office, Inc., Pagel of 2 9016877 with its permission. 06/23/2023 Sentry Insurance Company 705 1 00001 0000000000 23174 0 N fae987a2-8397-4b9f-a97e-3f89ffd2f736 Continuation Page in effect prior to any loss or damage. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., CA 76 01 06 15 9016877 with its permission. 06/23/2023 Sentry Insurance Company 706 COMMERCIALGENERAL LIABILITY CG 20110,11 12 19, THIS IEN DORSEM ENTC HANG ES THE, POLICY PLEASE READ IT CAREFULLY. PRIMARY AND ICIOill CONTRIBUTGRY OTHER INSURANCE, CONDITION This endorsement modifies liinsrmraince Iprovilded Linder the folIm[lig'. C 01MMERCIAL GENIERAL LIABILITY COVERAGE PART L1,1DUOR LIABILTY COVERAGE PART PRODUCTSICOMPLETED,OPERATONS IL.IAEILIIITYCOVERAGE PART The fbllowimg its added to the Other Insurance (2,)YOU Ihave agreed iii wrifling in acontract or Con,dtmr and supersedes any provision to the, agireemeint that this iinsurance, would lie covtrar�^: primary aind WOUld iniot Sep-k contribution Primary And Nonciantriblutory Insurance from any her ubsurninece awailable to the `Tft�s iinSUirance is priniari to wind wki not seek additional HISUred. contribution,from any other[I)SUiranicem avai lai),le to an additional insured under your policy provided that: (1) The additional insuired its a Named IIISUred tinder such other bsuraincal and CG 20 011 '12 1 p rye MSUrance Services Office, IInc.,2,011.8 page I of 11 90105577004 M12,12023 Sentry IInSUra(nc*.Ccrnparl r( MUC, MOODWOMf Z374 Of N 43Lbncmkd-aedS-4fiaf-bc0S-MI S92SC*&b2 707