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FY2024 10/13/2023 Monroe County Purchasing Policy and Procedures COUNTY ADMINISTRATOR xyp LR CONT CONT X' r/U / trvtrt:,:3dlh .. S. Tranquility Bay Beachfront Resort Effective Date: Expiration Date. ' Contract Purpose/Description: ,r r r/r r / / .,.,,,f Contract is Original Agreement Contract Amendment/Extension Renewal '/»��,u1� Contract Manager: CONTRACT COSTS aroar/irnlJ,// a /rroi r r f w/r ylly f % ///%1/0 %J Total Dollar Value of Contract: $ yTB /jj//,jj Current Year Portion: $� / ; //j /jf (must be S100,000 00 or less) (If multiyear agreement then requires BOCC approval.,unless the mal a:un'Newh.B,ke amount r, S„KOkV O N)anu &anM Budgeted? Yes❑ No A Grant: $ $r,' I Countwlp.; Match: roo�irirr �.. Fund/Cost Center/S e d Cate or ADDITIONAL COSTS Estimated Ongoing Casts: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Re uired: YES LINO L, CONTRACT REVIEW Reviewer Date In rrin 0.1w mm u o wmmv wwwn Department Head Signature: Shannon Weiner rsm^.^.7r wD..d.Wen Dgrway sip'se by cah�:O"Dwv County Attorney Signature: Christina Cory at X23 IQ In M10722 04010 Risk Management Signature: Wes."�.. 0�+�raruVp w!r mAlrw;u�u r�lan;row Purchasing Signature: Lisa Abreu ,^^ 2r2;zAWWV9�aD.MKI OMB Signature: I�.202 W. John .�.'r im m"n ...��.."I.A.. `. Comments: .... .......... ........ Revised SOCC 4/19/2023 Page 84 of 105 AGREEMENT FOR LODGING ACCOMMODATIONS MONROE COUNTY and DRH Tranquility LLC. THIS AGREEMENT, is made and entered into by and between DRH Tranquility LLC., d.b.a Tranquility Bay Beachfront Resort,authorized to do business in the State of Florida,(hereinafter referred to as "Hotel' or "Contractor", and Monroe County Board of County Commissioners (BOCC), a political subdivision of the State of Florida, (hereinafter referred to as "County"). WHEREAS,in the event of an emergency or major disaster, including but not limited to storms, natural and man-made disasters, acts of terrorism or other declared State of Emergency, the County will need to rent lodging accommodations for its emergency workers, including Monroe County employees and other authorized personnel when in the County performing essential work in order to be able to provide County services and to support response and recovery efforts, and WHEREAS, these emergency workers will be working throughout Monroe County and in or near the County Emergency Operations Center in Marathon, Florida, and therefore accommodations are expected to be required throughout Monroe County in order to restore and provide County services and provide the necessary response and recovery services; and WHEREAS, disasters may also include pandemics that will require non-congregate sheltering for residents who may or may not be infected and under an order to quarantine; and WHEREAS, Tranquility Bay Beachfront Resort is a hotel company hotel that operates in Marathon, FL, manages more than sixteen (16) units in Monroe County, and has made the units under its management available during previous emergencies or major disasters, and/or is willing to make its units available in the future should the County need rooms for its emergency workers in the event of an emergency or major disaster, or for County residents and other persons for non-congregate sheltering in the event of a pandemic. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereby agree as follows: 1.0 Descri tion of Goods/Services. Hotel will provide accommodation (lodging) for County employees and for authorized County contractors/personnel in two groups/phases for disasters. The first group will consist of County emergency workers designated to remain in-County during an incident. The second group will consist of County employees called back to work in the County to perform essential work in order to provide County services, including response and recovery services post-incident. Lodging can reasonably be expected to begin one (1) week before an incident and will continue for an indeterminate period of time as needed to perform and provide County Services. In the event of a pandemic, Contractor will provide accommodations to be used by County residents and other persons for the purpose of non- congregate (isolation) sheltering. Tenants (guests) will consist of persons awaiting test results for infection, persons testing positive for infection, and/or persons who are not positive for infection but have no place to self-isolate safely. Non-congregate sheltering may coincide during times of a disaster when it is also required to maintain social distance due to a pandemic. In the event a local state of emergency is declared, the parties shall enter into an addendum setting forth categories of authorized personnel groups/phases for whom the accommodations will be provided. 2.0 Designated Point of Contact. Hotel and the County will each provide a Designated Point of Contact and shall provide each other with all communication methods. The County Point of Contact will liaise with the Designated Point of Contact for Hotel, to provide a list of room needs and room assignments. Both Designated Points of Contact will work with each other to resolve any issues that arise. 3.0 Term. This Agreement is effective from 10/1/23 through 9/30/23("Initial Term"). At the end of the Initial Term,this Agreement can be renewed in writing for additional periods("Renewal Terms") of one (1)year each, subject to the mutual agreement of the parties. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 4.0 Fees. Invoices. a) All Hotel rooms will be billed at $159.00 per night (Room/Unit Charge). b) No parking fee will be charged. c) Any personal expenses above and beyond the Room/Unit Charge that are incurred by individual guests (e.g., phone charges, meals) are the strict responsibility of the individual guest and must be paid for by the individual guest. Hotel may request a personal credit card from guests upon check-in, which shall be used to pay for individual charges. The County will only pay for rooms that are utilized, up to the Room/Unit Charge. d) All Room/Unit Charges will be paid for by the County upon presentation of an invoice, in accordance with the Florida Local Government Prompt Payment Act. The invoices must be delivered to: Monroe County Budget and Finance Department 1100 Simonton St., Suite 2-213 Key West, FL 33040 Attn: Purchasing and also e-mailed to: O ................- rch si �' i .!2r.«I.0 tv €�ov ................... ...................................... ... ..... ........_...................m,,,................. Subject: EOC Invoice for Procurement Unit Hotel shall submit to County invoices with supporting documentation acceptable to the Clerk. Each invoice must list the rooms covered in the invoice, dates of service, the name of the person assigned to the room, and the Room/Unit Charge. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. e) The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. f) Hotel and County Designated Points of Contact shall mutually agree upon a maximum check-out date. Guests who wish to extend their stay at the Hotel may do so at Hotel's discretion and the guest's financial resources, and at the Room/Unit Charge established by Hotel. g) The maximum amount that can be charged under this Contract is $49,999.99. h) Both parties understand that during an emergency or major disaster, the usual services and amenities available at the unit may not be available, including power, water, wastewater, food, and internet. Therefore, this Agreement covers use of the unit, without any expectation of the other amenities. However, Hotel will use its best efforts to provide the aforelisted amenities if possible. 5.0 Miscellaneous. 5.1 Assignment. Neither party may assign (voluntarily, by operation of law, or otherwise) this Agreement (or any rights or obligations contained herein) without the prior written consent of the other party, whose consent shall not be unreasonably withheld. Any permitted assignee shall assume all obligations of its assignor under this Agreement. Any purported assignment or transfer in violation of this section shall be void. 5.2 Entire Agreement. This Agreement is the entire agreement between the parties. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the subject matter covered by this Agreement. The terms and conditions of this Agreement can only be modified via a written agreement signed by all parties. 5.3 Counterparts, This Agreement may be executed by the parties in separate counterparts each of which when so, executed and delivered shall be an original, but all such counterparts together shall constitute but one and the same instrument. 5.4 Notices., Any notice, communication or payment required under this Agreement shall be addressed as follows: Countt Contractor: Monroe County BOCC DRH Tranquility LLC 1100 Simonton St, Ste 2-205 Key West, FL 33040 2..6.0..0.......O.v.e.r.s..e.a.s.....Highway, Attn: Roman Gastesi, Mara.th.o.n,.....E1::::33:0.50 County Administrator With a copy to: _Kim Thompson____________.. ......................................................................................................................................... ...ktho.mpson.......,islabella.com Attn: 5.5 Authority. Each party represents to the other that execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 5.6 Federal and State Re uired. Public Records. and Scrutinized Business Contract Clauses. The clauses included in Attachment A are hereby incorporated in this Agreement. 6.0 Insurance. 6.1 Hotel shall obtain and maintain the following: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with minimum limits of $500,000 per Accident, $500,000 Disease policy limits, $500,000 Disease each employee. C. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered ac or omission of the Hotel or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $500,000 Combined Single Limit. The BOCC shall be named as Additional Insured on the General Liability policy issued to satisfy these requirements. 6.2 Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Hotel shall defend, indemnify and hold the BOCC and employees harmless from and against(i)any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Hotel 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 Hotel or any of its employees,agents, sub-contractors or other invitees, or (C) Hotel's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the BOCC or any of its employees, agents, contractors or invitees(other than Hotel). Insofar as the claims,actions,causes of action, litigation,proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date set forth below. The parties hereby agree and consent to the terms and conditions of the Agreement and acknowledge such by executing the Agreement below. Executed by: Monroe County BOCC Accepted By: DRH Tranquility LLC Signature: g � Signature: Kekw Printed Roman Gastesi Printed Name: Name: Kim Thompson Title: Coun Administrator Title: DOS Date Date Signed: 10.13.2023 Signed: 09/26/2023 Address: 1100 Simonton Street Address: 2600 Overseas Highway, _Key West, FL 33040 Marathon, F133050 Email: Gastesi-roman@monroecounty- Email: fl.gov khompson@islabella.com ..._..................................................................................................._........................................ Approved&s to fmrn and legal m6ciency Monroe County Atto sney's ice luist�is CorY,Assistimt Clounty Attorney ATTACHMENT A REQUIRED FEDERAL AND STATE CONTRACT CLAUSES 1. Provisions ReguiredFederal Law,2 FR a. Termination: i. Termination for Convenience: The COUNTY may terminate this Agreement for convenience,at any time,upon sixty(60)days written notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue f'or breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. Either party may cancel this Agreement without cause upon sixty (60) days' written notice of its intention to do so to the other party; however, this provision may not be exercised during hurricane season (June 1 to November 30) unless both parties mutually agree to terminate. In the event of termination, the County shall owe the Contractor for all goods and services delivered prior to the date of termination. ii. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however,the COUNTY reserves the right to assert and seek an offset f'or 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 the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 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) days written notification to the CONTRACTOR. 2. Faual EmRloyment.On12ortun:ity,_NQDiscriminationlr4zisions CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes,and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),which prohibits discrimination on the basis of disabilities; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3),,as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement,the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs,Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules,regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books,records, and accounts by the 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 noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 3. OTIRFR1E +HAL,CONTRACT,REQUIUMENTS. Hotel and its subcontractors must follow the provisions, as applicable, as set forth in Appendix II to 1 C.F.R. Part 200, as amended, including but not limited to: A. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program),the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland"Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract,and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. B. Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. C. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable,which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), 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 29 C.F.R. § 5.5 (b)(1). c. Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(2). d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1)through(4)and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1) through (4). D. .Riahts to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. E. Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C.§§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. F. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a"covered transaction" (see 2 CFR 180.220)must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM),in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp.,p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded(defined at 2 C.F.R. §180.940) or disqualified(defined at 2 C.F.R. §180.935). the contractor must comply with 2 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 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. G. Byrd Anti-Lobb_yin Amendment {31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §_1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the attached certification must be signed and submitted by the contractor to the COUNTY. H. Compliance with Procurement of recovered materials as set forth in 2 CFR 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program f'or procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. I. Americans with Disabilities Act of 1990, as amended(ADA)—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. J. Disadvantaged Business Enterprise(DBE) Polite and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard,all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race,color, national origin or sex in the 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. ANDLABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appro rp late, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative steps listed in paragraph(1) through (5) of this section. K. E-Verify - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095. L. Energy Efficiency- CONTRACTOR will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. M. Access to Records - Contractor and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors must: 1. Cooperate with any compliance review or complaint investigation conducted by DHS, 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance, 3. Submit timely,complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. N. DHS Seal, Logo and Flays - Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. O. Changes to Contract - The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. P. Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of five years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,running from the date the monies were paid by the COUNTY. Q. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services,or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director f the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. R. Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: a. "Produced in the United States" means, for iron and steel products,that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. S. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. T. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non- Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. U. Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 4. Florida Division of EmerQencv Management Requirements; A. The Contractor is bound by any terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management(Division) found at the following link on the Monroe County webpage: li[tt -,,�/www.i.T,i[onroecouiitv.-fl.iio�/F(.lei,22,gramaggeeai.enl and incorporated by reference. B. The Contractor shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. 5. Florida Public Records 1 equiremeu , Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to,and inspection of, all documents,records,papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all, attorney's fees and costs 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. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement and their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and auditing purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interested calculated pursuant to Section 55.03 the Florida Statutes, running from the date the monies were paid to Contractor. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency 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 Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, I)ra lei-I)i-ia re-i' io rocco tv- .00v c/o Monroe County Attorney's Office, 1111 12th St., Suite 408, Key West FL 33040. 6. Florida and Monroe County Required Terms. a. Maieure. Due performance of any duty or obligation hereunder by either party shall be excused if prevented by acts of God, information providers or other service providers, public enemy, war, terrorism, any accident, explosion, fire, storm, earthquake, flood, strike, computer outage or virus, telecommunications failure, or any other circumstance beyond that party's reasonable control. b. Governing Law Forum for Disputes. The County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement and all terms and conditions included or incorporated by reference herein shall be governed by and interpreted in accordance with the laws of the State of Florida applicable to agreements made and wholly performed therein. County hereby consents to the exclusive jurisdiction of the federal and state courts of competent jurisdiction located in Monroe County, Florida for the adjudication of any disputes arising out of or relating to this Agreement. This Agreement is not subject to Arbitration. This provision does not negate or waive the provisions of Article II concerning termination or cancellation. c. Right to Alldit.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. 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 pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. d. Attestations. Contractor agrees to execute such documents as the County may reasonably require, including, but not being limited to, a Public Entity Crime Statement, Ethics Clause Scrutinized Businesses Statement, Minority Owned Business Declaration, Non-Collusion Statement, Drug-Free Workplace Form and Ethics Statement. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither DRH Tranquility LLC(Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: 0912612023 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of® physical presence or O online notarization, on 0912612023 (date)by Kim Thompson (name of affiant). He/She is personally known to me or has produced X Driver's Li5f nse EKATERINA KACHUGINA (type of identification) as identification. { MY COMMISSION#BH215570 a, EXPIRES:January 28,2026 , NOTARY PUBLIC My Commission Expires: 0112812026 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE "DRH Tranquility LLC" (Company) "...warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No.010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price, or otherwise recover,the full amount of any fee,commission,percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: 0912612023 STATE OF: Florida COUNTY OF:Monroe Subscribed and sworn to (or affirmed) before me, by means ofU physical presence or ❑ online notarization, on 0912612023 (date) by Kim Thompson (name of affiant). He/She is personally known to me or has produced x Driver's License (type of identification) as identification. I I rc° EKAERIA KACU0IA O* i'"CgaNEW SIQN •I-tf,f 8 4�7R.w NOTARY PUBLIC My Commission Expires: 01 2812026 NON-COLLUSION AFFIDAVIT I, Kim Thompson of the city of_-Marathon, Florida_according to law on my oath,and under penalty of perjury, depose and say that a. I am Kim Thompson of the firm of DRH Tranquility LLC making the Proposal for the project described herein and that I executed the said proposal with full authority to do so; b. the prices in this bid/proposal/offer have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/respondent or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bid/proposal/offer and(if applicable)have not been knowingly disclosed by the bidder/respondent and will not knowingly be disclosed by the bidder/proposal prior to bid opening, directly or indirectly, to any other bidder/respondent or to any competitor; and d. no attempt has been made or will be made by the bidder/respondent to induce any other person, partnership or corporation to submit, or not to submit, a bid/proposal for the purpose of restricting competition; e. the statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: 0912612023 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of® physical presence or ❑ online notarization, on 0912612023 (date) by Kin: Thompson (name of affiant). He/She is personally known to me or has produced x Driver's License (type of identification) as identification. RA*,, EKATERINA KACHUGINA MY COMMISSION#WU15570 EXPIRES:January 28,2026 .........................m.�NOTARY mmPUB~LIC_......_m......� My Commission Expires: 0112812026 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: DRH Tranquility LLC(Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. �i' ,✓ (Signature) Date: 0912612023 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means ofU physical presence or ❑ online notarization, on 0912612023 (date) by Kim Thompson (name of affiant). He/She is personally known to me or has produced X Driver's License � ��k�� (type of MY COMMISSION#BM15570 identification) as identification. �� EXPIRES::January zs,zozd NOTARY PUBLIC My Commission Expires: 0112ti 026 Minority Owned Business Declaration DRH Tranquility LLC^,a sub-contractor engaged by Monroe County during the completion ofwork associated with the belowindicated project(Check one) ............. —is a minority business enterprise, as defined in Section 288.703,Florida Statutes or V_ / is not a minority business enterprise,as defined in Section 288.703,Florida Statutes. F.S. 288.703(3) "Minority business enterprise" means any small business concern as defined in subsection (6)(see below) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51 -percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds $1 million. For purposes of this subsection, the term "related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6) "Small business" means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a)certification. As applicable to sole proprietorships,the $5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. Contractor: 7 Sub-Recipient: Monroe County l Gf9'li i�/KGB /1i Signature Signature Print Name: Kim Thompson Print Name: Title: DOS Title/OMB Department: Address: 2600 Overseas Highway State/City/Zip: Marathon, Fl 33050 Verified via: FEMA Project Number: Date: 09/26/2023 Page 1 of 1 f"'{C.C"L../�I�.R.J DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 07/17/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Towers Watson Certificate Center NAME: Willis Towers Watson Southeast, Inc. c/o 26 Century Blvd PHONE 1-877-945-7378 FAX 1-888-467-2378 AIC No Ext: AIC,No): E-MAIL certificates@willis.com P.O. Box 305191 ADDRESS: Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Everest National Insurance Company 10120 INSURED INSURER B: Allied World National Assurance Company 10690 DRH Tranquility, LLC DRH Tranquility Tenant, LLC INSURER C C/O DiamondRock Hospitality Company INSURER D 2 Bethesda Metro Center, Suite 1400 INSURER E Bethesda, M 20814 D INSURER F: COVERAGES CERTIFICATE NUMBER:W29645545 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD SUER POLICY NUMBER MM DDfYYYY MM DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE T X CLAIMS-MADE OCCUR PREM SESOEa occurrDence $ 1,000,000 A MED EXP(Any one person) $ 51000 y CC4GL00007-231 03/31/2023 03/31/2024 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ 8,000,000 PRO- ., 8,000,000 POLICY JECT LOC BY ;;.: s.....,,.,... .", ,r''1"'° PRODUCTS-COMP/OP AGG $ ..... . OTHER: DATE k7/20..23" PER LOC AGG CAPLIMIT $ 25,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 WAIVER N/A YES Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED CC4CA00008-231 03/31/2023 03/31/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LAB CLAIMS-MADE XC4EX00309-231 03/31/2023 03/31/2024 AGGREGATE $ 5,000,000 DED X RETENTION$0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ ❑ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Excess Liability 0313-7760 03/31/2023 03/31/2024 Each Occurence $5,000,000 Each Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 06/21/2023 WITH ID: W29377444. Hotel Name: Tranquility Bay Beachfront Resort/2600 Overseas Highway, Marathon, FL 33050 Monroe County BOCC is included as an Additional Insureds as respects to General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton Street1� 7t/ � - Key West, FL 33040 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 24429977 BATCH: 3054628