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2. 10/18/2023 Agreement (upgrade) GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: November 14, 2023 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: October 18, 2023 BOCC Meeting The attached item has been executed and added to the record: C9 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 Harry Harris Park. This project is being funded by American Rescue Plan Act. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Agreement Between Owner and Contractor Where the basis of payment is a S TIPULA TED SUM AGREEMENT Made as of the 18 th Day of October 2023 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Musco Sports Lighting, LLC 100 First Avenue West Oskaloosa, Iowa 52577 For the following Project: HARRY HARRIS BALLIFIELD LIGHTING UPGRADE Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Documents and Specifications, The Contractor is required to provide a complete job as contemplated by the documents and specifications, which are a part of this Agreement. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Work shall include installation of new lighting on existing light poles, installation of new wiring in existing conduit when required, 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 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. Page 1 of 54 MMuscoSubcmntrmctor 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 systems have been located and are clearly marked to avoid damage from construction equipnnent. Repair any such d@rneQe during construction. 4. Provide labor, equipment, and materials tq off load equipment atjobsite per scheduled delivery. 5. Provide storage containers for nn@t8ri8|' (including electrical components 9no|oauree). as needed. 8. 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 caused by heavy equipment traveling over dry ground vvnV|d be an enmnnp|e of expected damage. Ruts and mod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. Q. 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. Muacotobe immediately notified uf any breaks inschedule or delays. Demolition: 1. Remove and dispose of the existing fixtures, and electrical enclosures. This will include the recycling of lamps, o|unninunn reflectors, ba||aeJ. and Stae|, as necessary. 2. Leave existing ground wires and power feed in place for connection to new lighting equipment. Retrofit K8umcm Equipment to Existing Poles: 1. Provide labor, nn8tario|o' and equipment to assemble and install K4uSCO TLC for LE[)@) equipment on existing poles and terminate grounding and power feed. Power feed may need tVbe reworked to adapt\o the new yNuecoequipment. 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.1.8. 4. C>Vvvn conductor shall be converter to copper wire for any underground runs and bonded to groundrod(S). 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. O. Teat ground resistance with 3-point nneggergnd 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 nneieha|S, and equipment to reuse existing a|aothca| service panels as required. Page 2of54 2. Provide materials, and equipment to reuse existing electrical wiring as permitted. 3. Provide ee built drawings Vn completion of installation, (if requinad). 5. Provide warranty information. Control System: 1. Provide labor, equipment, and nna[eri8|S 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 Contro|-Link@bvcontacting Control-Link Central rm atM77-347-3318. ARTICLE I The Contract Documents The Contract Documents consist of this Agreement, Conditions Of the Contract (General, Supplementary and other Conditions), Onaxvinge, Specifications, Proposal [}ooumentS, 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 agreem8nta, either written or oral. An enumeration of the Contract Documents, other than Modificatione, appears in Article 10. In the event of 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/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the dote to be fixed in e 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 ieeuonn8 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 shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of 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 & Under $5O'OOO.0O $50.00/Dov $100. $250.00/Oav $50.000.00-90.099-00 100.00/Oav 200.00/Oay 750.00/Dav $100.000.00-499.999.00 200.00/C)ay 500.00/Day 2,000.00VD8y $5OO.00O.O0 and Up 500.00/Dmy 1.000.00/Ouy 3'500.00/[}Gy The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party'e control, without such Party'e fault ur negligence and that by its nature could not have been foreseen by such Party or, if it could have been fVresaen, was unavoidable: (o) acts of God; (b) flood, fire. earthquake, explosion, tropical mtDrnn' hurricane or other declared emergency in the geographic area of the Project; (o)vv8r. invasion, hostilities(whether war iS declared Vrnot)'terrorist threats or aots, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (D action by any governmental authority prohibiting work in the geographic area of the Project; (each. a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost oravailability of meteria|s, uonoponente, or oen/ices, market cVnditiono, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as 8 result of an Unoon1n}||ob\e Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of 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 ghm|| make progress payments on account of the Contract Gunn to the Contractor as provided below and elsewhere in the Contract Documents. 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 ia [o 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. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data tosubstantiate its accuracy asthe Director of Parks and Beaches may require. This schedule, unless objected to by the Director of Parks and Beaches, shall be used as 8 basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work aaof the end of the period covered by the Application for Payment. 5.6 SUbigCL to the prOxiSiODS of the COOin8Ct OOCUnneDts. the 8nnOuDt Of each p[OQF8Ss payment shall be computed anfollows: 5.6.1 Take that portion of the Contract Sum properly allocable tocompleted Work asdetermined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum 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 a deletion or change which results in a net decrease in the Contract Sum ShmU bathe net cost tothe Owner, |8eo 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 change, the allowance for overhead and profit aho|| be figured on the basis of net |noreaSe, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the (]vxn*r' suitably stored off the site at a location agreed upon inxvridng)' less ntaina0e; 5.8.3 8Ubir8[t the aggregate Of previous payments made by the Owner; and 5.8.4 Subtract amounts, if any, for which the Director of Parks and Beaches has withheld or nullified a Certificate for Payment aa provided in Paragraph S.5of the General Conditions. 5.7 The pPDQ[eSS 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 aunn sufficient to increase the total payments to Ninety-five percent (9596) of the Contract Sum, less such an amount aqU@| 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 VV8rh and unsettled c|airnS, including the aoSeaonnon1 of liquidated damages; and 5.7.3 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 less an amount equal to 150 percent (150Y6) of the estimated cost to complete the incomplete Work (i.e., "punch" list items). ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) 8fina| approval for payment has been iSSU8d by the Director OfParks and BH8ChBS. 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 (aonnp|eS in Section 01027 (Application for Payment) are required for Final Payment: (1) App|ivation and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Lions (8) Final Release ofLien (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 COnnnnon form (i.e. flash drive) of all the following, but not limited to: A. Project RaonrdDocUnnents (AaBVUtOoounoenba). B. Operating and maintenance data, instructions h] the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying SCh8dU|8. E Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence Of payment and final release of liens and consent Of surety tofinal release (includes final release from all utilities and utility cunnpeniea). 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 by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe Counb/'e performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County COo)noiaoi0nera. |n the event that the County funds 0n which this Agreement iadependent are Vvithd[8xvn. this Agreement is terminated, and the County has no further 0h|ig@b0O under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entitv, may not submit e bid' proposal, or reply on a contract to supply any goods or services too public entity, may not submit m 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 Dr perform work as a contractor, eupp|ier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity in excess 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) @ period of five (5) years after all funds have been expended or returned to the Department Of the Treasury, whichever iS later O[2> 8 period of seven (7) years from the termination of this Agreement or five (5) yearn from the submission of the final expenditure report as per 2 CFR §200.33. if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years 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 pursuant to Section 55.03' Florida Statu[eg, running from the date the monies were paid tVContractor. The Right%o Audit provisions survive the termination 0rexpiration of this Agreement. b) Governing Lovv' Venue. and Interpretation. This Agreement shall be governed by and CVnahu8d in accordance with the |ovvo of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any oouSa of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall |i8 in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights tO trial by jury. The County and Contractor agree that, inthe 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. c> Geverab1|itv. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby and each remaining ternn, covenant, condition and provision of this Agreement shall be valid and shall he enforceable to the fullest extent permitted by |Rvv unless the enforcement of the remaining ternns, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as doaa as pOeeib|o 10 the intent of the stricken provision. d\ Attorney'o 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 AQreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and mh3|| include attorney'ofeeo and courts costs in appellate proceedings. e\ Binding Effect. The terms, covenonts, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 0 Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had 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 agree that each eho|| be, and is, empowered to apply for, meek. and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project wi|| beprDvidedtOe8Chp8dx. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall he attempted to be resolved by meet and confer sessions between representatives of each Vf the parties. |f the issue orissues are still not F8SO|Ved to the S8[iSf8CtioD of the parties, then any p8dx 8hGU have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 Or Article 8 concerning termination or cancellation. i\ Cooperation. In the event any administrative orlegal proceeding is instituted against either party relating to the formedon, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proc8edingo, hearings, processes, nneeUngS, and other activities related to the substance of this Agreement or provision of the Sen/iCea under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related t0 this Agreement. j) Non disorimination/EqUa| Employment Opportunity. The parties agree that there will be no discrimination against any p8rSon, 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 nf the court order. The parties agree to comply with all Federal and Florida statutes, and all |nom| ordinancee, as applicable, relating to nondiscrimination. These include but are not limited to: 1\ Title V|| of the Civil Rights Act of1QO4 (PL 88-352)' which prohibit discrimination in employment on the basis of [BC8. CO|Or. religion, SSx' and O8tiOD@| origin; 2\ Title |X of the Education AnneOdDl8Ot of 1972. as amended (20 USC 8§ 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 of1875' as amended (42 UGC §801O1-01O7). which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act Vf1S72 (PL 92-255)' as amended, relating to nondiscrimination on the basis of drug mbUaa; #) ThB Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Ant of 1870 (PL 81-616), as amended' relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of1Q12. §§ 523 and 527 (42UGC §§ OSOdd-3 and 2908e-3)' aaamended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1908 (42 US[| G8 3601 et seq.), as amended, relating to nondiscrimination in the a8|8, rental or financing of housing; 9\ The Americans with Disabilities Act of1SSO (42UG{}§ 121O1Note). 8S may be amended from time totime, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, Co|or, nex, religion, national uriQin, enceStry, sexual orientotion. gender identity or enpreos|Vn, 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 CnDt[@CtVr. in 8CCO[d8nc8 with Equal Employment OooOrtundv (3O Fed. Rog. 12319. 12935. 2 C.F.R. Part, 1964-1805 Connp., p. 33Q). ae amended by Executive Order 11375' Amending Executive Order Page 1Uof54 1/246 Relating to Equal Employment Opportunity, and implementing regulations sd41 C.F.R. PartOO (Office ofFederal Contract Compliance Programs, Equal Employment Opportunitv, Department ofLaboh. See C.F.R. Part200. Appendix U' � C. agn*am as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of roce, co|or, religion, eex, sexual ohentetion, gender identity, or national origin. The Contractor will take affirmative action ho ensure that applicants are employed, and that employees are treated during employment, without regard to their race, co|or, re|igi0n, eax, eexVo| orientation, gender identity, or national origin. Such action shall indUde, but not be limited to, the following: Emp|myrn8nt, upQroding, demotion or tnmnafer, 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 oOnap|ouoUS 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 contrmctor, state that all qualified applicants will receive consideration for employment without regard to rece, om|or, religion, sex, sexual orientation, gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee O[ applicant for employment because such employee or applicant has inquired about' diacuooed, 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 m port Of such employee's omaenU@| job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, un|aaa such disclosure is in response to o formal complaint or charge, in furtherance of an invaSdgation, proceeding' heering, or action, including on investigation conducted by the ernp|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 oo||ecdix8 bargaining agreement Vr other contract or understanding, a notice tobe provided, advising the said labor union Ur 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. 1905, and of the ru|ms, regulations and relevant orders of the Secretary OfLabor. O. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24. 1805' and by the rules, regulahonS, and orders of the Secretary of Labor, or pursuant thereto, and will permit onceSa to his books, records, and accounts bv 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|ea, regu|ationS, 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 @So|ated construction contracts in accordance with procedures authorized in Executive Order 1124Oof September 24. 1S05. and such other sanctions may b8imposed and remedies invoked as provided in Executive C)nJor 11240 of September 24. 1005. Or by ru|e, regulation or order of the Secretary of Labor, or as otherwise provided by |ovv. 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|ae, rmQu|ations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24' 1865. 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 proviainnS, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result Of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contractor and any subcontnactor, ouucesaor, transferee, and assignee shall comply with Title V| of the Civil Rights Act nf1804. 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, color, or national origin (42U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title V| regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial @amietmnoe. 42 U.S.C. G 2000d et oaq., 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 nf this contract oragreement. k) Covenant ofNo Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits mS recited in this Agreement. |\ 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 ennp|Oyaaa as delineated in Section 112.313' Florida Statutee, regarding, but not limited to, 8O|iCitEtiOO or acceptance of gifts; doing business with one's agency; unauthorized compensation; nniSUae of public pooibon, conflicting employment or contractual relationship; and disclosure or use of certain information. m) NoSo|iCitadon/P@ynnont. The County and Contractor warrant that, |n respect toitself, it has neither employed nor retained any company or parson. other than 8 bona Ode 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 solely for it, any fee, commission, perCentagn, gift. or Other consideration contingent upon Or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its dinoreUon, to offset from monies oxv8d' or otherwise racOv8r, the full amount of such fee, commission, percentage, gift, Orconsideration. n) Employment or Retention of Former County Officers Or Employees. The Contractor warrants that it has not employed, retained or otherwise had act 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 fee. CO0miSSioO' percentage, gift. Or CODGide[8d0O paid to the forme[ COUDb/ officer or employee pursuant to subsection 2-152(b), Monroe County Code of Ordinances. o> Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article | of the Constitution of Florida. The County and Contractor eho|| o||ovv and permit reasonable access to, and inspection of, all donumente, reoV/de. papers' letters or other "public nmnond" 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 eho|| have the right to unilaterally oonCe| 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 nn8tor|a| breach of this contract and the County may enforce the terms of this provision in the form of court proceeding and ohoU. as o prevailing party, be entitled to reimbursement of all attorney'a 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 iS required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the C0UOh/a custodian of records, provide the County with e copy of the requested records n/allow the records tobe inspected orcopied within a reasonable time at a cost that does not exceed the cost provided in this chapter 0ramotherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, etnocost, 10 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 Connp|ebOn of the contract, the Contractor ah@|| meet all applicable requirements for retaining public records. All records stored electronically nnua1 be provided to the County, upon request from the County's custodian of records, in a format that ie compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records tmthe County or allow the records tobe inspected 0r 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 COunb/`a option and right to unilaterally Cmnne| 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 119.1U, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy mrotherwise dispose of any public records unless 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 BRAD\[EY AT PHONE# 305-292-3470 BRADLEY-BRIAN*MONROEC GOV, MONROE COUNTY ATTORNEY,S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, F1[ 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 cover8ge, nor shall any contract entered into by the County be required to contain any provision for waiver. q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from |8xvo. ordinances, and rules and pensions and relief, disability, workers' comp8nnoUon, and other benefits which apply to the activity of 0ffioers, egants, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County, shall apply to the emnne 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 is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating andty, in which case the performance may be offered in satisfaction Of the obligation o[ responsibility. s) Non-Delegation of Constitutional or Statutory Duties: This Agreement ie not intended to authorize, nor shall 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. U Non-Reliance by Non-Parties. NO person or entity shall be entitled to rely upon the tarms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any egent, o8icer, or employee of either shall have the authority to infurm, counee|, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. u) Attestations. Contractor agrees to execute Such documents as the County may reasonably require, toinclude, but not ba limited to, e Public Entity Crime Statement, an Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace Statement. v) NO Pe[SOD8| Liability. No COVen@Dt or agreement CoD\GiD8d herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County oho|| be liable personally on this Agreement or be subject to any personal liability Or accountability bv reason 0fthe execution of this Agreement. xv) EXSCUhOO in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an origin8|, all of which taken together shall constitute one and the S@rne instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. x) Hold Hornn|oea' |ndSnnnifio8dmn' and Defense. Notwithstanding any rnininlunn 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 action, (ii) any litigation, administrative proceedings, appellate prooeedingo, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of. Or in connection with, (A) any activity of Contractor Or any of its employees, agents, contractors or other invitees during the term of this Agreement' (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor nrany Of its omp|oyeaS, agente, sub-contractors or other invitees, nr/[|\ Contractor's default in respect of any of the obligations that it undertakes under the tarnnn of this Agnoenoent, except to the extent the c|ainls, actionS, causes of action, |itigadon, pnocaedingS, costs Or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any Of its ennp|oyeas, agonts, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract Sh8|| be equal to the dollar value of the contract and not |888 than $1 million per occurrence pursuant to Section 725.00. Florida Statutes. The limits of liability ehe|| be as set forth in the insurance requirements included in this Agreement. Insofar osthe c|airns, ac[iono, causes of action, litigation, proceedings, coats 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. |n the event that the completion of the project(toinc\ude[hexvork0fothero) iade|@yod 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 Countv'abehalf. The extent ofliability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification ehe|| survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall itconstitute a waiver of the (Counh/)Agency's sovereign inln1Unib/. 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, |oeoae and costs, inc|uding, but not limited to, reasonable attOrn8y'Sfe8S. to the extent caused by the O8O|ig8nCe. [eCk|eSSD8sS or intentional wrongful nniooVndUCt of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity Of the United States or the County. y) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that [}BE's' as defined in C.F.R. Part 26. as annended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth bR|ovv), applicable federal and state |avvS and regulations to ensure that [}BE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS o. |f the Contractor, with the funds authorized by this Agreement, seeks tosubcontract goods or services then, in accordance with 2C.F.F!. §2OO.321.the Contractor shall tehm the following oOirnnahxe Steps to assure that minority businesses' vvonn8n'e business enterprises, and labor surplus area firms are used Ahenever possible. b. Affirmative steps must include: (1) Placing qualified snna|| and minority businesses and m/onnen's business enterprises Vnsolicitation lists; (2) Assuring that small and minority businesses, and vxVnnen'abusiness 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 requirement ermits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations aS the GnnaU Business Administration and the [Ninohh/ Business Development Agency of the Department nf Commerce. (0) Requiring the Prime nontrector, if subcontracts are to be |at' to take the affirmative steps listed in paragraph (1) through (5) of this section. aa)Agreements with Subcontractors. In the event that the Contractor subcontracts any or 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> |ndep8ndant Contractor. At all hnneS and for all purposes under this Agreement, Contractor ioan independent contractor and not 8n employee ofthe Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed So as to find Contractor or any of its emp|oyeea, subcontractors, servants, or agents tobm employees ofthe Board of County Commissioners VfMonroe County. oo) E-Var|fv System. Beginning January 1' 2021' in accordance with Section 448.095. Florida Stotutes, the Contractor and any subcontractor shall register with and nho|| utilize the U.S. Department ofHomeland Security's E-Verify ayet8nl to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and ahu|| expressly require any subcontractors performing vxOrh or providing oen/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 onop|nyeeo hired by the subcontractor during the Contract term. Any subcontractor shall provide 8D affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095. Florida Statutes. dd\Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in vvr|ting, approved by the Board of County Commissioners and signed by both parties before it becomes effective. ee)F|or|da Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Any criteria related tOlighting, such es energy efficiency, will be applicable to this contract. Special Conditions, if any, are detailed in Section OO1OOof the Project KAanu8|forthiS Project. 77 Any written notices orcorrespondence given pursuant tothis contract shall be sent by United States W1a||' certified, return receipt reqUeatad, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: James M. Hansen, Secreta[y Musco Sports Lighting, LLC 100 First Avenue West Oskaloosa, Iowa 52577 For Owner: Director of Parks and Beaches Assis!qn!County Administrator, PW& E 102050 Overseas Hwy 1100 Simonton St.Street,Suite 408 Kev West. Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable, as Sat forth in 2 C.F.R. §200.326 Contract provisions and Appendix || to C.F.R. Pert 200' as amended, including but not limited to: 7.8.1 vvn8re app|ioab|e, which inC|Udoe all Department of the Treasury grant and cooperative agreement programs, all contracts awarded by the County in excess Df $1OO'OOO that iDVD|Ve the employment of mechanics or laborers must comply with 40 U.&C.§§ 3702 and 3704. as supplemented by Department 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 vvnrh week is permissible provided that the worker is compensated at 8 rote 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 nneteriB|e or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) [>vedino 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 ormechanic in any workweek in which he Or she is employed on such work towork in excess offorty hours in such workweek unless such laborer ormechanic receives compensation at o rate not |eao 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|auao eat forth in Paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or 8 territory, to such District OrtO such territory), for liquidated [)ennag8S. Such liquidated damages shall be computed with respect toeach individual laborer Ormechanic, including watchmen and guards, employed in violation of the dGUao 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. G5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency ehe||, upon its Own action or upon written request of an authorized representative of the Department of Labor, withhold Or cause [obSwithheld from any moneys payable on account nf 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 Sef8h/ Standards Act, which is held by the SGnna prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b)(2) of 29C.F.R. §5.5. (4) Subcontracts. The contractor or SUbCOD(n3CtVr shall insert in any subcontracts the clauses set forth in 28 C.F.R. G5.5' Paragraphs (b)(1) through (4)' and also 8 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 in29C.F.R. 05.5. Paragraphs (1) through /4\ 7.8.2 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.3 /G\ and the recipient or gubnaoipient wishes to enter into o contract with a snno|| business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, dave|opnnanta|, or research work under that "funding agreement," the recipient or oubreuipient must comply with the requirements of37 CFR Part 401' "Rights to Inventions Made by Nonprofit Organizations and SnnmU Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing 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.C1251- 1387). as amended—applies to Contracts and SubonanLm 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 tO report each violation k}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 award under "covered transaction" (Sea2 CFR §180.220) must not be made to parties listed on the government-wide exclusions in the 8yStann for Award Management (SAK4)' in accordance with the [)K4B guidelines at 2 C.F.R. Pad 180 that implement Executive Orders 13549 (3C.F.R. Part 108OCornp.. p. 189) and 12689 (3C.F.R. Part 18O8Connp.. p. 235), "Debarment and Suspension" and the Department of Homeland 8ouurih/'S regulations at C.F.R. Port3OOO (Nonpnocurernent 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. SAKA exclusions can be mCueeeed at w _swIi�ggy. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §18O.935) orits affiliates (defined ot2C.F.F|. §18O.9O5) are excluded (defined at2C.F.R. §18O.84O) or disqualified (defined at2C.F.F|. §18O.035\. 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 m 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. 18O' subpart C and 2 C.F.R. pt. 3000' subpartC. in addition to remedies available tothe County' the Federal Government may pursue available renmediea, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of C.F.R. pt. 180' subpart and 2 C.F.R. Pt. 3000' subpart C while this offer imvalid 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 mt31 C.F.R. Pert 19. 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 rnernb8r of Congress, officer or employee of Congress, or an employee of member of Congress in connection with obtaining any Federal contract, grant or any other evvanJ covered by31 U.S.C. G1352. 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. |f the award exceeds $10O'OUO, the certification, attached hereto as Attachment "B" and made e part hepauf, must be signed and submitted by the Contractor to the County. Page 21of54 7.8.6 Comoliance with Procurement of Recovered Materials as set forth in 2 CFR 200.322. The Contractor must comply with Section 0002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 8002 include procuring only items designated in gUid8|iD8S Of the EnvinDDOOeOt8| Protection Agency (EPA) at4U C.F.R. Part 247thGt contain the highest percentage of recovered materials practicable, consistent with maintaining G 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 G10'000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an uUirnnotiva 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 hnn8franne providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. A1a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA'm Comprehensive Procurement Guidelines website, ====B==�. The Contractor also agrees to comply with all other applicable requirements of Section O0O2uf the Solid Waste Disposal Act. 7.8.7 Prohibition on certain telecommunications and video surveillance services or_gg.Uj�ment as set forth in 2 CFR § . Recipients and eubnanipiente 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 m contract (or extend or r8navv a contract) to procure or obtain equipment, San/ioes, or ayetenno that uses covered telecommunications equipment or services as a substantial or eamonUa| component of any eyatann' or GS critical technology as part of any system. As described in Public Law 115-282. section 889. covered telecommunications equipment is telecommunications equipment produced by Huovvai Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such enddas). (i) Fur the purpose of public eofeAy, security of government foci|idee, physical security nun/ei||@noe of critical infrastructure, and other national security purpos9a, video surveillance and telecommunications equipment produced by Hyter@ Communications Corporation, Hangzhou Hikxiaion Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such enhtian>. (iii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Te|oconnnnunioadona or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the Page 22of54 National Intelligence or the Director of the Federal Bureau of |nveatioahon, 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_§220.322 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 uf this section: (1) "Produced in the United States" rneans, for iron and steel products, that all manufacturing pnooesse3, from the initial nne|ting stage through the application of coatings, occurred in the United States. (2) "Mari ufeotured products" means items and construction materials composed in whole or in part ofnon-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. This section applies if the contract is in excess of$2,000 and pertains to construction or repair, and further, J required by Federal program legislation. Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145)' as supplemented by Department of Labor regulations (29 C.F.R. Part 3)' "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides in part that Contractor shall be prohibited from inducing, by any means, any person employed in the construction, connp|eUon. or repair of public work, to give up any part Vf the compensation to which i[ ie otherwise entitled. The County shall report all suspected or reported violations tO the Department of the Treasury. Other Federal and Department of the TreasqnLR2g1!![2Mgpk(as applicable) 7.8.10 . The Contractor will comply with all the requirements as imposed by the AOA, 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 8ucaem to and the right to examine and copy records, acoountS, and other documents and sources of information related to the grant and permit ouoeea to facilities, personnel, and other individuals and information as may be nocesoory, as required by the Department of the Treasury [e0U|8dOnS and other applicable laws or program guidance; and (3) Submit dmne|y, nonnp|eta, and eooura{o reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. Page 23ofG4 7.8.12 Chanaes 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 ormodification, change order or constructive change must be approved in writing by both the County and Contractor. 7.8.13 This is an acknowledgement that Department of the Treasury financial assistance will be used to fund the contract only. The Contractor agrees to comply with the requirements of Section OO2 and Section 8O3of the Social Security Act, regulations adopted bvthe 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 atatuteS, oe0u|ations, and executive ord8re, and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative ReqUirennentS, Coat Phncip|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 Guidance, implementing the Single Audit ACt, shall apply to this award. ii. Universal Identifier and System for Award Management (SAK8). 2 C.F.R. Part 25, pursuant to which the ovv8rd term set forth in Appendix Ato 2 C.F.R. Part 25is hereby incorporated byreference. iii. Reporting Gubavvard and Executive Compensation Information, 2 C.F.R. Subtitle A, Chapter |. Part 170 pursuant to which the award term set forth in Appendix A[o2 [}.F.R. Part 1Oio hereby incorporated byreference. iv. OMB Guidelines to Agencies onGovernmentwide Debarment and Suspension (Nonprouur8nnanU' 2 C.F.R. Part 180' including the requirement to include e term or condition in all lower der covered 1rmneaoLiOnS (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant towhich the award term set forth in 2 C.F.R. P@h2OO' AppendixX|| to Part 200 is hereby incorporated by reference. vi. Govnrnnnanhwido Requirements for Drug-Free Workplace 31 C.F.R. P@rt 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. §G4OO1-4U55) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. 7.8.14 No Obliqation bv Federal Government. The Federal Government is not a pehv to this contract and is not subject to any obligations or liabilities tothe County/non-Federal entity, 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 C|einne 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 shall expressly require any subcontractors performing work or providing services pursuant [othe Contract to |ihexviaa utilize the U.S. Department of Homeland Security's E-Verify system to verify the annp|mynnent eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.17 The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United 8tot8a Department of Treasury attached hereto as Attachment "A^ and made a part of this Agreement. 7.8.18 The Contractor shall hold the United States and County hernn|aaa against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, t0 the extent allowed and required by |avv. 7.8.19 Energy Efficiency. If applicable, the Contractor will comply with the Energy Policy and Conservation Act/P.L. O4-1O3;42U.8.C. §§02O1-O422\and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 7.8.20 Conflicts of Interest. The Contractor understands and agrees it must maintain mconflict- of-interest policy consistent with 2 C.F.R. G 200.318(o) and that such conOiCt'OAnterest policy is applicable to each activity funded under the federal award as oat forth in Attachment A. The Contractor and subcontractors must disclose in writing to Treasury or the pass-through endh/, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2C.F.R. G2OO.112. 7.8.21 Remedial Actions. In the event of the Contractor's noncompliance with Section 0O20fthe Act, other applicable |avvo, Treasury's implementing regulations, guidance, or any reporting or other program naquinsnnents. Treasury may impose additional conditions on the receipt of subsequent tranche of future avvend funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of violation of Section 002(o) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in Section 002(e) of the Act and any additional payments may be subject to withholding as provided in 68CtiODS 802(b)(6)(A)(ii)U||) of the AC1. as applicable. Page 25 nf54 7.8.22 Hatch Act. The Contractor agrees to comply, as applicable, with requirements of the Hatch Act(5U.S.C. §015O1-15OO and 7324-7328)' which limit certain political activities 0fState or local government employees whose principal ernp|uynnen1 is in connection with an activity financed in whole or in part hv this federal 3SsiStGOCB. 7.8.23 Publications. Any publications produced with funds from the federal award as set forth in Attachment A must display the following language: "This project[iabeing]kwoslsupported' in vvhn|e or in part' by federal award number [enter project FAIN] awarded to [name Of Recipient] by the U.B. Department nf the Treaeury." 7.0.24 Debts Owed to the Federal Government. a} Any funds paid to Contractor (1) in excess of the amount to which the Contractor is finally determined to be authorized to retain under the terms of the federal award as Set forth in Attachment A; (2)that are determined by the Department of the Treasury Office of Inspector General to have been misused; or(3)that are determined by the Department of the Treasury to be subject to a repayment obligation pursuant to Sections 602(8) and 803(b)/2)(0) of the Act and have not been repaid by Contractor shall constitute e debt to the federal government. b>Any debts determined tobe owed the federal government must be paid promptly bythe 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 adebt. 7.8.25 Disclaimer. a) The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of the Contractor or third persons resulting in demth, bodily injury' property damages, or any Other |USeea resulting in any way from the performance of services funded under the federal award as set forth in Attachment A Or any other |ooeeS resulting in any way from the performance of services pursuant to any contract 0r subcontract under this award. b) The acceptance of the funds provided by the federal award as set forth in Attachment A by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. 7.8.20 Protections for Whistleblowers. m> In accordance with 41 U.S.C. 04712' The Contractor may not discharge, dennotm, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided ba|Vvv' information that the employee reasonably believes is evidence of gross mismanagementof a federal contract or grant, a grosswaste offederal funds, an abuse of authority relating to a federal contract or grant, o substantial and specific danger to public health or safety, ore violation of law, rule, or regulation related to a 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 nf Congress Or8 representative of@ committee ofCongress; ii. An Inspector General; iii The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other |8m/ enforcement agency; vi A court Vrgrand jury; or vii A nnan8gannant official or other employee of Recipient, Contractor, or subcontractor who has the responsibility to inxeetig81G, 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 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13O43. O2FR 19217 (Apr. 18. 1997\. the Contractor should adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented Or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 7.8.28 Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 ({}ct. 8' 2O00). the Contractor should encourage its employees, Subrecipients. and subcontractors to adopt and enforce policies that ban tent nnonSaginO while driving' and the Contractor should establish vxorhp|GCe safety policies todecrease 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 nornee and total compensation of its five most highly compensated executives and the nmnnRa and total compensation of the five most highly compensated executives of its subcontractors for the preceding completed fiscal year if: (g) 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 BO percent or more of its gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as provided by C.F.R. 170.320 (and subcontracts); (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. 170.520; and (d) the public does not have aconne to information about the oonnpeneoUOn of the executives through periodic reports filed under Section 13(a) Or 15(d) of the Securities Exchange Act of1S34 (15U.8.C. 7Onn(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 Commission 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 ehn|| be provided by an insurer with an A.M. Best rating of A: V| or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage ahe|| contain an endorsement providing sixty /00\ days' notice to the County prior to any cancellation Of said coverage. Said coverage shall be written by8O insurer acceptable tO the County and ohe|| be in aform acceptable tothe County. 8.3 Contractor shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440. Florida Statutes. B. Employers' Liability Insurance with limits of $500.000 per Accident, $500.000 Disease, policy limits, %5UO'O0O 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 |rUUry Liability, covering C|ainnm for injuries 18 members of the public or damage to property of others arising out of any covered act or omission of the Contractor or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Brood Form Property [}mrn@ge and a Blanket Contractual Liability Endorsement with $1.000.000 Combined Single Limit E. An Occurrence Form policy is preferred. If coverage is changed to or provided on m Claims Made pV|icy, 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 minimum Of48 months following the t8rnn|n8dOn Or expiration of this contract. F. County shall be named as on additional insured with respect to Contractor's liabilities hereunder in insurance coverages identified in Paragraphs C andD. 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 COUnh/ 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 m certified copy Vf 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 mrSuspension 9.1 The Contract may he terminated by the Owner as provided in Article 14 of the General Conditions. 9.2 |n the event that the Contractor shall bo found tobe negligent in any aspect Vf service, the County shall have the right toterminate this Agreement after five (5)calendar days'written notification to the Contractor. 8.3 Either ofthe parties hereto may cancel this Agreement without cause by giving the other pohx sixty (OO) days' written notice of its intention to do so. 0.4 Termination for Cause and Remedies: In the event of breach of any contract 1ernoa. the County retains the right[oterminate this Agreement. The County may also terminate this Agreement for C@uSo with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the even[ 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 iS not cured, the Agreement will bo terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the muno 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 COUnb/ reserves all rights available tO rgCDUp DlOniGS paid under this Agreement, including the right to sue for breach of contract and including the right to pursue m okainn for violation of the Countvs False C|ein)m 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 tothe County exceeds the funds remaining in the contract. The nnaxinlunn amount due to Contractor shall not exceed the spending cap in this Agreement. 9.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted afa|ae certification under Section 287.195(5)' Florida Statutes or has been placed on the Scrutinized Companies that Boycott |ar@e| 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 Contreutor/ConSu|ton[ vvritten notice and an opportunity to demonstrate the agency's determination Of false certification was in error pursuant to Section 287.135/5\/R\' Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are nnRL 0.7 For Contracts of $1'000'000 or nnOna' if the County determines that the Contr@ctor/Consu|tan[ subnnitted ofa|oe 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 Cunnp8niae with Activities in the Iran Petroleum Energy Sector List Vrbeen engaged in business operations in Cuba nrSyria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and on 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|f the conditions OfSection 287.135(4). Florida 8tatutea, are met. ARTICLE 10 Enumeration of Contract Documents 10.1 The Contract Doounnents, except for Modifications issued after execution of this Agreement, are enumerated as follows: N/4 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 Construction, found at the following link on the Monroe County vvebpage: 10.1.3 The Supplementary and other Conditions of the Contract are as follows: N/A 10.1.4 The Addenda, if any, are anfollows: N/A This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 31 of 54 Execution by the Contractor must be by a person with authority to bind the entity. NATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.AAPM-)-/ 'cO., �( 0.4BOARD OF CO NTY COMMISSIONERS 1,!/'` ` UNTY FL'/ -IDA.A tt t,:1.4 41* I 1 y, ` in Madok Clerk OF MONRO ,.. ---1,11,.-_ ,, A,._\\,1,,04., 1‘,,, Arf-v: ff-..---,:'' _.= tiex ��� U y: 1 Y- 3i°Z P = As eputy Cle k Mayor/Chairman �-ate" /01151 20 23 (SEAL) CONTRACTOR'S Witnesses Attest: Contractor must provide two witnesses CONTRACTOR: MUSCO SPORTS Signatures LIGHTING, LLC Signature: , 2 _. ,,,.-, . . Signature. M Print Name: Elizabeth Johannes Print Name: James M. Hansen Date:_ October 3, 2023 Title: Secretary And Date: October 3, 2023, Signature: 'Qti/U�YY) r- Print Name: Madison Steinke :.,: -n Date: October 3, 2023 = -a. , w1 , =:: m STATE OF IOWA , COUNTY OF MAHASKA =r,.. ..., . ;,:; 0"' c.. On this 3rd_ day of October , 2023_, before me, the undersigned notary public, by means of®physical presence or El online,personally appeared James M.Hansen (name of affiant)known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for HARRY HARRIS BALLFIELD LIGHTING UPGRADE for the purposes therein contained. Notary 1 I .� _ r. .. .4�1,w MELI WDA K. Public do. WALTER Print Name Melinda K. Walter . -b".Q". MyCorm is Numbexpires My commission expires: 04/24/2025 ,( ea Page 32 of 54 GENERAL REQUIREMENTS Where Parks and Beaches is Not Constructor SectionOO75O General Conditions Section 00970 Project Safety and Health Plan Section 00080 Contractor Quality Control Plan 8eotionU1015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Gec1i0nU1D4O Project Coordination GmctiOnD1O45 Cutting and Patching S8c1ionO1D5O Field Engineering Section O120O Project Meetings Sec1ionO13O1 GUbnniUm|a Section 0131O Progress Schedules SactionO137O Schedule CfValues Section 01385 Daily Construction Reports 8eotionO13S5 Request for Information — (F(F|) Section 01410 Testing Laboratory 8en/ioeS Section O1421 Reference Standards and Definitions Sec1ionO15UO Temporary Facilities SeC1iODD152O Construction Aids SactionO155O Access Roads and Parking Areas Sec1ionO150O Temporary Controls SeoiionO15QO Field Offices and Sheds Section 01585 Construction Cleaning SeCtionO1000 Material and Equipment Se[tionO1G3O Post-Proposal Substitutions Section O1O4O Product Handling SeotionO170O Contract Closeout Section 01710 Final Cleaning Section 0172O Project Record Documents Section 0173O Operation and Maintenance Data SaotionO174U VVorrGndee ATTACHMENT A CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT Page 34 of 54 (MB Approved \o 1505-0271 SWAK bate: 11 311 IQ I 1 S DI PAR'lAWN'l OFTHF'INI°ASt R) UM(MMMI I STAIV AND II C IL FIS A1.1010H J4 1€:RY WNDS ond address D A-7- ------ - --- 1 e NS;mobe, Board ofColomissioners Taxparcr Identification Number 590000749 Street Roos 2-213 V,sisimina ljonq'OunWr n"d JAW 21.077 d a 330 1tJ Smmm MO 0 and Nply o"w Sicial Suirit; Act Ow AM a aWW by sew1wil WO I of Ow Anwnwn Ruste Plan Ad. N& I No ll7AQwMll Recipients hereby atTees'as a Condition to raci vin 6'"Ald i pa�niet it fivni'I i eason,agrees to the tellil s tItulc hed Hereto. R"wMit, Dgh"sqmd 4 lVia Own -r i ri Ea- B c)a ri DaW:MUM 02 Oa 11 M2 -01001 ................------------- \e7-S, Tina Boan Wthinizcd Rcpr,,,soiwti\e title, Senior Dir,ctor Datc Signed \wlloiized \amu Jacob \Iallori/ed Repo""Clila1kc I ale 17trke.S I wwd 14 1 I h,k'6mmwon C')Hocw(i 'M k my Yur TO S Oww"M w mm.mm"h for Mqpw Is 00mmini Nu&n M"Wowd my M&adwown 0' i�,I� mwc,iwl I'Sp"-Q Cot twnl' "I'O'js hw'iQn c^immtc w"t tog rri.luvur,Ow,hw(kn 4 rule#be i,,tiw aw, 'imhpawn', ,w'i Rc'oont' xtpatWwntot 0'a l icamlr? I AM Nmy hum Vo,1 W,Ww&qMn D C AM LKYRA wW dw 0100,11 Mo'bc],Isslgo'A 1) 0!11t Page 35 of 54 U.S.DE I PAR'I'N4ENI'OF'I'IIE'T'RFzkStiRY CORONAVI R[ITS STATE FISCAL RICOVIRY F"I 11,ND AkVARl)Tl,I'RNISANT)CONINTIONS 1. Use olIFunds h this award may only be used incompliance with sections a. Recipient understands,and agrees that the funds disbursed U.udCT 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulation:;implementing that section and gUiCIM)Ce. b. Recipient will determine prior to engaging iiA any project using this assistance that it has the institutional,m anagerial,and financial capability to ensure.proper plarmiing,management,and completion of such project. 2. Period I'erfmrj anLe.The period of performance for this award begins on the date hereof mid ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipientinay use award fund',to COVel eligible costs incurred during the period that begins on March 3.2021 and ends on December 31,2024, I RmLtljnj-,. Recipient agrees to comply with any reporting obligations established bv'Fieasury.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),Tre,�isury'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 records(electronic and otherwrise)of'Recipient.in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. Pre.-award costs,as defined in 2 F.R, §200.4`8,may not be paid with funding from this award. Recipient may Use funds provided under this awai d to cover both direct and indirect costs Cost sharing or matching funds are not required to be provided by Recipient. Recipient understands and agrees it ru List niaintain a conflict of interest policy consistent with 2 RR. § 201),31 8(c)and that such conflict of interest policy is applicable to each activity funded under this awaid.Recipient and subreciplent,s na List disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R.§200.112, a. Recipient agrees to comply w ith the requirement.-equireents of wetions 00 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by'.Treasury regarding the Foregoing kecipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties rclating to this award. b. Federal regulations applicable to this award include,without limitation,the Following: i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.R.R.Part 200,Other than such I)IOViSiOns as Treasury may detelinino are inapplicHble to this Awird and subject to such exceptions;as may be otherwise provided by Treasury, Subpart F---Audit Requirements of (Iniforin Guidance, implementing(lie Single Audit Act,shall apply to this award. ii, Univeisal Identifier,and System for Awaid Management(SAM),2 C.F.R.Part 25.PLIMU'ifflt to w1iich the award term set forth in Appendix A to 2 CI F'.R. Part IS is hereby incorporated by reference. iii, Reporting SLIN[WRI-d and EXCCUtiVe C.'OYIIpM &S, On friformation,2, Part 170,pursuant to which the,award term ,;of forth in-Appendix A to 2 C.VIZ.Part 170 is hereby incorporated by reference. iv. U'vIB to Agencies on Govern mentwide,Debarment and Suspension.(Nonprocurement'),2 C.U.R.Part 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury'S implementing regulation at.1 I C.fik,Part 19, Page 36 of 54 v. Recipient Integrity , and Performance Matters,pursuant to which the,,award term set forth in 2 C.F.R, Part 200, Appendix NI I to Part 200 is hereby incorporated by reference. vi. (lovornmenhvide Requirements for Drug-Free Workplace,31 C.1JR,]',,art 20, vii. New Restrictions on Lobbying.31 C.F,R.Part 2 1. viii. Uniform Relocation Assistance and Beal property Acquisitions Act of 1970(42 11S.C. §§460 1-46.S5)and implementing regulations. ix. Generally applicable federal environmental la%VS and regulations. c. Statutes and reguilatiom,prohibiting discrimination applicable to this award,include,without limitation,the following: I. 'Title VI of the Civil Rights Act of 1964(42 I.J.&C, §§2000d et seq.)and Treasury's implementing regulations at 31 C.F'.R.Part 21,which prohibit discrimination oil the basis of race,color,or national origin under programs or activities icceivinti federal financial assistance, it, The Fair Ifousingket,Title V111 of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.),which prohibits discrimination in housing oil the basis of race,color,religion,national origin,Sex,familial status,or disability, in, Section 504 of the Rehabilitation Act of 1973,as amended(39 t".S,C, §794),which proliihits discrimination on the basis of disability under any program or activity receiving federal financial assistance, iv, Ti I c,Age I)I sc r I fit I nat I on Act t of 1975,as amended(4 2 t 1.S.C §§6 101 et se q.),and Tre asir ry's I In p t CITI e n t I ng r eg Lt I a t to t I s at 31 F.R.Part 23,which prohibit discrimination ore the e bas I s of age in programs or activities receivin,,federal financial assistance;and v. Title 11 of the Americans with Disabilities Act of 1990,as amended(42 U,S.C,.§§ 12101 et seq.),which prohibit.,; discrimination oil the basis of(lisability under programs,activities,and sen,ices provided or made available by state and local governments or instrumentalities or agencies,thereto In the event ot'Recipient's no tic our plia rice with sections 602 and 603 of the Act,Other applicable laws, Treasury's implementing regulations,guidance,or any reporting of other program requirements treasury may unpose additional conditions on the receipt of subsequent tranche of future award funds,if any,or take other available reiredies is set forth in 2 CTJR,§200.339,111 the case of violation of sections 602(c)or 603(c)of the Act regarding the use Of funds,pfeViOUS payfnent.s, shall be subject to recoupinent as provided in sections 602(e)and 603(c)of the Act. jJ-.jJUj.('j�— Recipient agrees to comply,as applicable,with requirements of the Hatch Act(i U.S.0 §§ 1501-1508 and 7324-7328),which limit certain political activities of'State or local government employees whose principal employment is in connection with an activity financed in whole Or in part by this federal assistance. I':' s�L� IlQmgnL Recipient understands that making false statement-,,,or claims in connection with this award is a violation of -L"UL l' &Recil federal law and may result in criminal,civil,or administrative sanctions,including line,.,,,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,,and/or any other remedy available by ln\v Ally publications produced with fund,,,from this award must display the following language: "I'llis project lis being]iWaSI Supported, it)whole or in part,by federal award number jenter protect FAI N I awarded to Monroe County Board of Commissioners by the CJ.7.Department of the.Treasury.,, 14 I ehts ly I the�Lside.ral(TmonnionL a. Any funds,paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain Linder the terms of this award,(2)that are determined by the Treasury Office of Inspector General to have been inisus-all 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 hav,,riot been repaid by Recipient shall constitute-I debt to the federal government. lb. Any debts determined to be owed tile federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,UnICSS other satisfactory arrangements have been made or if the Recipient knowing�l y or improperly retains funds that are a debt as defined in paragraph 14(a). Trca:.,ury will take any actions available to it to collect sirch a debt. Page 37 of 54 a. The United States,expressly disclaims any and all responsibilitN or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily ii-Ijury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, of subcontract under this award. 1), The acceptance of this award by Recipient does not in any wily establish an agency relationship between the(Jruted States and Recipient. 16 Prot-(: UL)aLLLWI h 1qLt?jsm e a. In accordance with 4 1 US.C.§4712,Recipicrit may not discharge,demote,or otherwise e discriminate against all employee in reprisal for disclosing to any ol'the list of'persons,or entities provided below,information that the employee reasonably believes is evidence of gross in Nal of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of contract)or grant. 1). The list of7persons and entities referenced in the paragraph above includes the following: i. A member of'Congress or a representative of a committee of Congress; ii. Air Inspector General, iii. The Government Accountability Office; iv. A Treasury employee responsible for Contract or grant oversight or rilanagetiletW V. An authorized official of the Department of justice or other law enforcement agency; vi. A court or grand j ury;or -is vii. A nianagenrent official or other employee of'Recipient,contractor,or subcontractor who has the respoi ibiluy to investigate,discover,or address misconduct. c. Recipient shall inform its employees in writing ol'the rights and remedies provided Under this section,in the predominant native language of the workforce. ,LLItimaaiug '�at Lkh-L:ie-m-the I�J ' -��L Pursuant to INecutive Order-13043,62 PR 19217(Apr. 18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. JJLJ��, ,,,�� , --,�, , ,-�� ) � Pursuant to Lxecutive Order 13513,74 FR 51225(Oct.6,2001)),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce,policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decreask,accidents caused by distracted drivers, Page 38 of 54 03MI-3 Approved No. 1505-0271 Expiration Date: 11/30/2021 ASSU[ZANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIRENMENTS ASSUR,VICE OF COMPLIANC171 WITH TITLE 1%1 OF THE CINTL fd(.jIITS.A(-,T 01' 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 assurance.,,,stated herein.The federal financial assistance may,include federal grant.,;,loans and contracts to provide assistance to the recipient's beneficiaries,the use or lent 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,license,;,procurement contracts by the Federal government at 11121-ket value.of programs that provide direct benefits. '['his assurance applies to all federal financial assistance,from of funds made available through the Department of'the Tteasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this HSSUr2rice apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's proj� ara(s)is federally assisted in the manner proscribed above, 1. Recipient ensures its current and future compliance wiflaTitic VI of the()vil Rights Act of 1904,as amended,which prohibits exclusion from participation,denial of the heriefits 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 (T.S.C. §20(i()d etseq.),as implemented by the Department of the Treasury Title \J regulations at 31 CT"R Part 22 and other pertinent executive orders such as Executive Order 131 66,directives,circulars;policies;memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency, seeks to improve access to federally assisted progmarns and activities for individuals who,because of national origin,have Limited l,"righsh proficiency(LEP).Recipient unclerstands that,denying a person access to its programs,, services,and activities because of 1,HP is a form of national origin discrimination prohibited under Title VI ofthe Civil Rights Act of 1964and 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 LP,'13 persons have meaningful access to its programs,services,and activities,Recipient Urlder.1tands and agrees that Meaningful access May entail providing language assistance service:,including,oral interpretation and written translation where necessary,to ensure effective connii unicaLion In the Recipient's program s,services,and activities. 3. Recipient agrees to consider the need for language services for LHP persons during development ol'applicahle budgets and when conducting prograins,services and activities. As a r"ource,the Department of the Treasury 112S Published its I+Y guidance at 70 FR 6067, For More information on LF11),please visit h I U P L 4. Recipient acknowledges and agi ees that compliance With this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and tZecipient's successors,transferees and assignees-for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub.-grantees,contractors,subcontractors,SUCUSSOFS, tr2oSf3F0cS,and assignees to comply with assonances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title V1 and its regulation,,;between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The.rub-grantee, contractor;subconttzjctor, suceesson tran#Lree,and ossignee sh all comply ivith Title V/qj'lhe "iwIffig ft 1 11 �hIsAct o0 964, which pvohibiis recipienis oj, & v financicil assistancefioni excluding fiom.a p)-ogranl oi,activity, denying benefits of;or otherwise cliscrimircrtin against ra parson on the basis ql'race, color,m- narioncdorigin(42 U.&C.§2000det sect), cis iniplenlenledby the Department ql'the Treasuqs Title 17 v incorporated reference/L P V gulations, 31 CN?Part 22, which are herein incotpo� y I renwe anzin7ack apart o this contract(or agi-eement). Title 171 also includes p;-o/eclion to persons with "Limileci 1,,'ng1jsh Mwficiency-in any program or aclivil enipleniente(ibY the Depadmeal qj'the y assistunce,42 §2 000ti ef seq.,as i Treasw-y's'Title H?vgidatjons, 31 CT'12 part 22, and herein incoqoi aleci by relf�rence and oracle a pa)-1,of this contract or agreement. 6, Recipient understands and agrees that if any real property or structure is provided 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 a subsequent transicr,the transferee,for the period during which the real property 01'structure is used for a purpose for which the federal I financial vi.sistance is extended or for another purpose involving the provision ol'sunflar services or benefits 11'any Page 39 of 54 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property, T Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of -Illation re t t any settlement agreements that rua�'result from these,actions.That is,the Recipient shall comply with information C ues s, on-site compliance reviews,and reporting requirements. 8, Recipient shall maintain 2 complaint log and inform the Department of the Treasury of any complaints of(liscrimination on the grounds of race,color,or national origin,and limited 13llglish proficiency covered by Title V1 of the Civil Rights-Act 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't'itle 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-conipliance,including any voluntary compliance or other agreements between the Recipient and the administrative 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 ,ency finding of discrimination please so state. 10, IftheRocipient makes sub-awards to other agencies or other entities,the 1ecipient is responsible for ensuring,that S sub recipients also comply with'Fitle V1 and other applicable authorities covered in this document uric agencies that make sub-awards IIILI,';t have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance ofsulh-recipients. The Urated States of America has the tight to seek.judicial enforcement of the terms ofthis assurances document - and nothing in this document liters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Linder penalty of perjury,the Undersigned official(s)certifies that heishe has read and understood its obligations as, herein described,that any information submitted in conjunction with this(issurance document is accurate and complete,,Iticl that the Recipient is in compliance with the aforementioned nondiscrimination requirements. keeipient Date Jill Signature nature ofAuthorixed Official: PAPERWORK REDUCTION ACTNOTI(T The illforillafioll collected will be used for the U.S.Oovemmosi(to process requests tol-slippoll''Ille estimated burden associated with this collection of ialormatioll is 15 millittes per response.C011111101 it's,concerning the accunicy of this burden estimate and sukgestions fi.)r reducirt,this burden should be directed to the Office of Privacy,Transparency and Records,Department ofthe'treasury, 1500 Peartsylvania Ave., ,,\hr,Washijigtoa.DA,.20220.DO NOT mid tile form to thus address.Allagency may not Conduct or qwnsor,and a person is not required to respond to,a collection of infonriatioa unless it displays a valid control launber assip'lled by OMB, Page 40 of 54 ATTACHMENT B COUNTY FORMS Page 41 of 54 NON-COLLUSION AFFIDAVIT 1, James M. Hansen of the city Oskal oosa, I owa according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am the Secretary of the firm of Musco Sports Lighting, LLC the proposer making the Proposal for the project described in the notice for calling for proposals for: Harry Harris Ballfield Li ghti ngJpgrade and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full know) 70fsid- roject. 717 October 3 2023 (Sig ure of poser) (Date) STATE OF: I OWA COUNTY OF: MAHF6KA Subscribed and sworn to (or affirmed) before me, by means of® physical presence or ❑ online notarization, on 0 cto ber 3�023 (date) by J arres M. Hansen (name of affiant). He/She is personally known to me or has produced _ (type of identification) as identification. MELINDA K.WALTER µ4A? tCow"nomission Number, ,'o NOTARY PUBLIC My Commission Expires My commission expires: 04/ 240252 Page 42 of 54 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Musco Sports Lighting, LLC ft (Company) ",.. warrants 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 or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Sig 0916re) Date: October 3, 2023 STATE OF: IOWA COUNTY OF: MAHASKA Subscribed and sworn to (or affirmed) before me, by means of M physical presence or ❑ online notarization, on October 3, 2023 (date) by James M. Hansen _ (name of affiant).He/She is personally known to me or has produced (type of identification) as identification. MELINDA K. WALTER " Commission Number 746584 My Commission Expires NOTARY PUBLIC "(SEAL) My commission expires: 04/24/2025 Page 43 of 54 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Musco Sports Lighting, LLC (Name of Business) 1. Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), 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 terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. !( ....................................... Pro oser's Signature October 3 2023 Date STATE OF: IOWA COUNTY OF: MAHASKA Subscribed and sworn to(or affirmed) before me, by means of IN physical presence or❑ online notarization, on October 3. 2023 (date) by James M. Hansen (name of affiant). He/She is personally known to me or has produced (type of a. LID K.WALTER orivrOssion Number 74 .� y Commission Expires NOTARY PUBLIC (SEAL) My commission expires: 04/24/2025 Page 44 of 54 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Musco Sports Lighting, LLC (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. ( . ature) Date: October 3 2023 STATE OF: IOWA COUNTY OF: M AH ASKA Subscribed and sworn to(or affirmed) before me, by means of® physical presence or❑ online notarization, on Octobe_r3, 20 2 3 _(date) by James M. H ansen _ (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. ELINDA K.WALTER -- Commission Number 7 NOTARY PUBLIC I�ty Commission Expires.e P My commission expires:_04/24/2025 Page 45 of 54 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project OeschpUon(s): Hagy Harris Ballfield Lighting Upgrade Respondent Vendor Name: VendorFBN: 42-1511754 Vendor's Authorized Representative Name and Title: James M. Hansen, Secretary Address: City: State: Iowa Zip: 52577 Phone Number Email Address: Section 287.135, Florida Statutes prohibits m company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, sd the time ofcontracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725. Florida Statutea, or is engaged in a Boycott of Israel. Section 287.135. Florida Stetutas, also prohibits e company from bidding on, submitting a proposal for, or entering into or renewing e contract for goods or services of$1.OUO.008 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to a. 216.473. Florida S\atutee, 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 Liat, 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 Locivil peno|ties, a#orney'afeee. and/or costs. |further understand that any contract with the County may be te/minotad, at the option of the County, if the company is found to have submitted u false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in o boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan Lis( or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba orSyria. Certified By: JamemK8. Hansen . who isauthorized to sign on behalf of the aboy 7-re4red— ,,pj- f nMpany. Authorized Signature:_ 4 Print Name: James M. ff�nsen Title: Secretary Note: The List are available sd the following Department ufManagement Services Site: Page 46of54 APPENDIX A. 44 C.F.R. PART 18 —CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to 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 all employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form.-LI-L, "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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 'This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 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 not less than $10,000 and not More than $100,000 for each such failure. The Contractor, Musco Sports Lighting, LLQ, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Sig4�/ tu re of Contractor's Authorized Official James M. Hansen, Secretary October 3, 2023 Name and Title of Contractor's Authorized Official Date Page 47 of 54 DISCLOSURE OF LOBBYING ACTINITIES, L TypeoffederalActiow Z� �tatus off ederal Actio,w 3� Rellort Type: Ha'rolla I,cr b, grial b awed chanzo C. c(*pIKMtv'p azrg'-=erIz C, vosl-aw'ud d' ""C"Ma Farlkfaterial clisalge Omly: e. far=glaw awep ye'u— TaAner_ E lomins'Irarr-e date of last report A. Name aad Address of Reprtimg Estih- F. Eater swand Address of Prime ❑prime ❑Suhalcu&O Tier— if hle/rvu Compemional,District,if hnown 6. Federal DepartmestAgeucy 7 Federal PrqTam,Name-DescripfiGn: CTI)AINumber,ifarplicable S,, Federal}fiction Number,LfkriouT: 9 Award AMD[Md.Lf known 110. a. Name xvd Addres of Lobby Exiffity b. lu&ddmals,Performing Smices (mcluding, Cif irvftvidnxil,ix.t name,fust name,ME) ad&p-;s if tiffeject from No 10Y) +11A--'t name,fkIrnaum,MIT) aatach C ontum.zahmi if ne<es:'w'0 IL Amanstaf Paymetit(cb*ckall heat apply) 13. Type of P xv mew(chf<k an that apply[ E]actual El PL-me,' F-Is ri-r'Miler 12. Form of Pw'vmest tch*ck all that apply):; F-I 3 II d- cwmEpot fee nanLTe--- e defelTed — va,U e f Other,ipedfv . Lq -- - offic,erf,$),@mployIW,,,,j,,or member(s)coulaf.ted,for Pay mead Indicated itt Item 11: (attach Coctimultorl aheer if nece,mn) coutimu2tion sh*et()attached Y,es No D Sjpi.amz-: r;Zi=-a qh-vk pit cod b- tLa 7w?ko,x-o ve�aa hzc tnjur ,xzka pitit Name p.nimm f ro, T2 S C' I 15 2, TIL,.m f arm,e6au vill',,,a r;pcetad ro Ccuga, woammmIlly Md'XII 114,3�nilablo 5or F'UhEc iw�pwr.;Uu Axy pw,,=ixl�FAL h tc Ek tL4' tl'i & -'nzg ULIL"'b;, 10 1:L.tj pz+r OfLot w 12M, 11.r "W3 mast Mtm thm I 10 J,rlck-or ram..,i ach Edlxv Tei'qhant N"o Aulhorted"or Local Rpprvdix tac Federal Use Oph-: Fami-LIL — 2-6c ON97 ZC'C'UN'r"( Page 48 of 54 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. 'rhe 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 ofthe last, previously submitted report by this reporting entity for this covered Federal action. 4. Filter 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 limited to subcontracts,subgrants and contract awards under grants. 5. Ifthe organization filing the report in Item 4 checks"Subawardec"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. tinter the name ofthe 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 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(1hB)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 I. 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 Mcmber(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 ATTACHMENT C CONTRACTOR QUOTE Page 50 of 54 CZZIENERNINNINEEMENNINIMM Date: August 17,2023 Project: Harry Harris Park To: Monroe County Tavernier,FL Quotation Price—Materials Delivered to Job Site and Installation -Existing Pales&Existing Electrical Harry Harris Park-U)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. SportsClustere system with Total Light Control—TLC far LED-technology Guaranteed Lighting Performance • Guaranteed light levels and uniformity—50/30Footccandles • BallTracker'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 Bal Tracker"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%ofyour 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 EMMIMMMENIMMENMENMR110LUM= Installation Services Provided Customer Resnonsibilities: 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 Resnonsibilities: 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. S. 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. ?)1F 212i , .._ ,t a.t.LC _ M Page 52 of 54 EMMEAMINE1101101MOMMOMMIMMM 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). 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. 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. 1,01 2021 M Page 53 of 54 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 includi rig 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: jason.fruchtt musco.com ...,, ..., .., J _,V 2021 �_.. ,.'pia.Lrr_ -a- M Al Page 54 of 54 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 = Q BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED LU REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. a 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 w� 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 'O AOn Risk Services Central, Inc. PHONE FAX Omaha NE Office (AIC.No.Ezt): (402) 697-1400 (A/c.No.): (402) 697-0017 v 17807 Burke Street E-MAIL 2 Suite 401 ADDRESS: Omaha NE 68118 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Property cas CO Of America 25674 Musco Sports Lighting, LLC INSURERB: Sentry Casualty Company 28460 c/o Musco Corporation 100 1st Ave w INSURERC: Sentry Insurance Company 24988 Oskaloosa IA 52577 USA INSURERD: Indian Harbor insurance Company 36940 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 requested INSR ADDL SUBR EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (POLICYMM/DD/YYYY) (MM/DD/YYYY) LIMITS c X COMMERCIAL GENERAL LIABILITY 9016877004 07/01/2023 07/01/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE F_.�OCCUR DAMAGE TO RENTED $1,000,000 APPROVED BY RISK MANAGEMENT PREMISES(Ea occurrence) MED EXP(Any one person) $10,000 DATE 10/5/202.3- PERSONAL&ADV INJURY $1,000,000 M N'LAGGREG-E LIMITAPPLIES PER. GENERAL AGGREGATE $10,000,000 06 PRO- WAIVER N/A YES oNo POLICY JECT F­X]LOC PRODUCTS-COMP/OPAGG $2,000,000 N 0 OTHER: o c AUTOMOBILE LIABILITY 90 16877 003 07/01/2023 07/01/2024 COMBINED SINGLE LIMIT N (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) O OWNED SCHEDULED BODILY INJURY(Per accident) Z AUTOS ONLY AUTOS N HIREDAUTOS NON-OWNED PROPERTY DAMAGE (p ONLY AUTOS ONLY (Peraccident) O t= N A CUP3s63336023NF 07/01/2023 07/01/2024 EACH OCCURRENCE $10,000,000 tl X UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I RETENTION B WORKERS COMPENSATION AND 9016877001 07/01/2023 07/01/2024 X I PER STATUTE OTTH- EMPLOYERS'LIABILITYJER YIN AOS $1,000,000 B ANY EXECUTIVE FFICEPARTNER/ N N/A 9016877002 07/01/2023 07/01/2024 E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER (Mandatory in NH) AZ WI E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Architects & Engineers �CEo742113903 07/01/2023 07/01/2024 Aggregate $5,000,000 Professional Claims-Made SIR $250,000 SIR applies per policy ter s & condi ions Each Claim $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space m required) 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 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. LI� CERTIFICATE HOLDER CANCELLATION J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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(2016103) The ACORD name and logo are registered marks of ACORD FOLICY NUMBER' 9016877004 COMMERCIAL GEINERAL LIABILITY CG 20 ,101 112 19, TIHII IENDORSEMENTCHANGES THIE POLICY. PLEASE READ, IT CAREFULLY. ADDITIONAL INSURED 1- OWNERS, LESSEES OR. CONTRACTORS 1- SCHEDULE EIS NI R. ORGIANIZATION This endofsernent modifies insuranice provided under the fol lawi,ng'. 000MMEROCIAL GENERAL LIABILITY CO',1ERAGE,PART SCHEDUILIE Niannie Of Additional linsured Person(sj Or Orgiaflijzalion,(s) Locationi(s) Of'Covered Ope rafl,01116 As required by written contract linfomiation requilred to complete this Schedule, mf not shomi above,will be shomrn uun the Declarations. A. Seeflioni 11 - Who Its An Urns tired uus amended to B,. With respect: to the HISUirance afforded to these, in,CIU,de as ain additional i1nISUired the person(s) or addifianal il'ISUreds, the, fbilomng addifiloinal argaNizati,Dn(s) shown [n the SzhedLfle, but Only excliusions apply: with respect to lial.Alit for "bodily iinfury", This insuranicedoes; not apply to "bodily injury" or "property dai'mage" or "persoin,-1 and adveftisiing "property damage" occurfling after: iIIJUry" ceased, iin whole or in part, I)y. 1. All wor�, including mateh-LAs, parts or 11. Your oftion acts or ssis" or equipmeint furnished mn comiection with such 2.. 'The acts cg- ornissions of those acting on your work, on the project I�,otheir than service, I)ehalf,, mai,ntenan,ce or repairs) to lie performed by or in Me perrormance Of You r ainigoiin,g operations for oin behalf of the additional insuired(s) Lat the the additionial uunusuiredisj Lat Me loci tim(s) location of the covered operations has beeni compl,eted, or desiginated M)ove. I However, 2. That 1portiolnu Of "YOLIF work" out of which the injury or damage arises has Ibe n put to liiits 11. Thee IIIInsuurauluce afforded to such Ladditionai iinlended use Iby any person or organization iinsuired only applies to the extant 1permitted I)y other thim another contractor or law" aind SLI 1),conti-a ctor engaged in performi,ng 2.. If coverage pfovided to the additional iiisured operations for a principal as a part,of the same is required 1:yy a contract or agreement, the, project- iinsuimance afforded to such additional insured wff Ingot be broader than that whilch You are required by the contr- L",ILt or agreernent to provide f(y siuch addiltioinV insured. CG 20, 10 12 19 (D linesui,-Lmce'Services Office, Iiic., 2018 Page I of 2 90 1058,77 31312W2023 sentry Insurance Campanv V 10MG4, MICIMMOM .73,74 C N MBM154ACC4374720-U'984CV MHMSM13 M'hll respect to the iin uriance �T f rri l to these 2. Ave3ilable L1,11deir the appiic ale limfts of Ltd iffolnnallll in Iurehi F the follmiiln u is adder) to ilnsulmnce" Section II1II - Limits Of IIIns uir r ce: whichever is IIIless. If coveirage provided to the additional iinsuireld is This nd r errr•7ent sh'atl not ilno r 'a ,e the required by a contract or agreement, the mmot we applicable lirnits of insurance. will pzi'V oini Ibeba If of the, additional ubsure l is the arnOtI<r1t Of Ilnr ul llC : 1. Required by the cointract or agreement; or Page 2,,of 2 tD IIIn urulu71ce Cervices i ffi, , III ., 2018, CIG 20, 1110 112, 19 Sentry Insurance cwipfamy POLICY NUMBER: 9016877004 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization you are required to add as All Locations an additional insured by written contract or agreement See Continuation Page Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured applicable limits of insurance. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 9016877 06/23/2023 Sentry Insurance Company 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 IL70580214 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 1 00001 0000000000 21179 0 N b48fe660-6afd-4e5f-891f-6873dca09543 Cu MMEIRCIAL AUTO CA 80 07 0618 THIS ENDORSEMENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY., ADDITIONAL IIIIISURED - AUTOMATIC STATUS WHEN REQUIRED BY CONTRACT OR AGREEMENTWITH YOU This endorsement mod ifies ins,uraince provided under the fol lowilng: AUTO DEALERS COVERAGE FORM BUSINESS AUTO,COVERAGE FORM MOTOR C-ARRIER 00,%�ERAGE FORM With respect to caverage provided by this,endorsemeiril, the provisions of tlhie Coverage Form apply unliess modified by this endorsement. A. The Whol Is An Insured provision of Covered Autos LiaMily Coverage !is qmendied to include as an additionall insuired any person of organization fOr WhOM YOU are performing operations when you and suchll person or orgaNzation Ihiave agreed in wdtiing !in a contract or agnaernent that SLICII person or organization lire added as an additionai iiinsured cRii your(policy. The status, of an addifticiial inSUired Laider this, endorserneint einids,when your olperatlions for that additional iinsuired are completed. B. The imost we will pay on behalf of the additional insured uls,the lesser of the a MOL111t payable under the Limit oaf Insurance for Covered Autos Liability Coverage or the arYTOL111t Of insurance required by the coirftaLt or agreement. C. Notwithstanding any requirement, terra or condition of any contract of agreement with respect to which this endorsement Irtm9y peftai!n, the insuraince afforded to the additional HISUred is, subject to Jill the tenns,exc[usions,ainid conditions of the COMMERCIAL AUTO CON)EFZAGE FORM to which this endorsement is attached. CA M,017 061 includes copydghted material of Iiisurance Services Office,, Ilinic., Page,I of 1 9016577 with its,pen7nissilon. MZY202-3 'entry Insurance Company is 000',1 MICIDGE03M 2374�D N 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 1 00001 0000000000 23174 0 N e72eff71-a3cb-4426-8f2e-1be3a20eab17 POLICY NUMBER: 9016877004 COMMERCIAL GIENIERAL LIABILITY CG 24 04 12,119 THIS IENDORSEMENTCHANGES T'HIE, POLICY,. PLEASE READ IT CAREFULLY. WAIIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement rnodifiPA ln,,suraince provided under the follbwi,ng: COMMERCIAL GENERAL LIARILITY COVERAGE PART ELECTROMC DATA UADLITY COVERAGE PART LIQUOR LIABILFY I'30VERAGE PART POLLUT1,0tJ LIABlUTY CO'VERAGE PART DESIGNATED SITES, POLLUT10N LIA&IUTY UMITED,COVERAGE PART DESIGNATEDSITES PRODUCT.&COMPLETED,OPERATIONS LIABIUTY COVERAGE PART RAILROAD PROTECT'VE LIABILIT COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHlIEDULE Naime Of Personfs)Or Organizati,on(s): Any Ipe i or orgainizalion to Whom you are required to waive your iriiiglhit to recover by a written cointract of agreement executed pdor to(Moss Mformation requi red to complete this,SchedLl le, lif icuoat shown above, MH be shown iin the Declarations. The fol[owiing is added to Paragraph 8. Transfer (X Rights Of Recovery Against Others To Us of Section IV -Conditions: We wd4e any irmg lit of irecovefy agaiinst the peirson(s), or orgiainization(s) shiown Hi the Sch,eddle above because of payni,einks we make under this Coverage Part. Such waiver by LIS applies ontV to the extent that the insUired Ihias mived lita Mght of recovery against such person(s)or orgainization(s)1prior to loss. Thins endorsement applies oi,1�y to the pefso,n(s) or organ ization(s)shown fii the Scheduie above. CIS 24 04,12 19 t IlirmYsurainceSeMces Cffrce, Inc.,2018 Page,1 of 1 91316877 D&23dr=3 Senor Insurance Compamy 1:10H'I WOMMSM 22 174 D N eSb374"-?nbm,4bC-bcFd-eS2ct3SL-fSd 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 1 00002 0000000000 21179 0 N 85847514-b51d-454o-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 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 Form. seek contribution from any other insurance available to the person or organization. CA 76 01 06 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 9016877 with its permission. 06/23/2023 Sentry Insurance Company 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 COMMEIRCIAL GEINERAL LIABILITY CG 20,01 112 19 THIS IENDORSEMENTCHANGES THE POLICY. PLEASE READ, IT CAREFULLY. PRIMARY AND IIIONCO III TRIBUTGRY OTHER INSURANCE CONDITION This endorsement i7nodifl%. insurance Iproviided undef the followi!ng'. COMMERC,IAL GENERAL LIABILITY CUVERAGE PART LIQUOR LIABIUTYC'OVERAGE PART PRODUCTSICOMPLETED, DPERAT00 LIABILITY 00VERAGE PART The follomng Its added to the Other lbsurainice (2)YOU (have agreed ir1 writing im a contract or Condtbrii and supersedes L-riy praylsion to the agireenlient that this insurance would be contrary: primary and INOUld Inot slee& contilbution Primary And Nonconlrib-tilory Insurance from any other lInsarance available to the TNis insuiraice is pftnay to and MI iniot set* additional HISUred.. C0lItFibLIti0lfll from any other illKlirance available to ain additional HISUrecl under your po[icy provided that (I) The additional iinsuired iiis a Named 111SUred undef such other hsuraince, and CG 20,01 12 119 0D, lbsurance SeTvi,ces Office, Ilnc., 201-8 Page,I of 11 9016877004 D&IZ112,023 Sentry Insurance Company N QMC5 MICIMUMM, 73574,1:1,IN