1st Amendment 12/04/2023 Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT,SUMMARY FORM FOR CONTRACTS $1„00,000.00 and Under
contract with- EE&G Construction & E
Effective Date: TBD
Expiration Date: Within 30 days of Commencement:
Contract Purpose/Description:
FIRST AMENDMENT TO PROFESSIONAL SERVICES-EMERGENCY MOLD REMEDIATION
EE&G Project No.2023-2081 -Proposal for Remediation of Moisture and Microbial-Damaged Materials
Cudjoe Key Fire Station#11 South Wall Kitchen-22352 Overseas Highway, Cudjoe Key, FL 33042
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Wiliam DeSantis 4307 Facilities Maintenance/Stop#9C
CONTRACT COSTS
Total Dollar Value of Contract: $ 16,468.00 Current Year Portion: $
(must be$100,000.00 or less) (If multiyear agreement then
requires BOCC approval,unless the
iowl ainni.hliir c is
1 00.000.00 or I ss).
Budgeted? YAW No ❑
Grant: $ 16,468.00 County Match: $ N/A
Fund/Cost Center/Spend Cate o : 125-06067-00061-GNT-00000205-PROJ-00000187
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES ❑NO ❑
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: William DeSantis
Patricia Eables Digitally signed by Patricia Eables
County Attorney Signature: Date''2023 112714''10'28-05'00'
Jaclyn Flatt Digitally signed by Jaclyn Platt
Risk Management Signature: Date''2023'11271426''55-05'00'
Purchasing Signature: Lisa Abreu Digitally s Date 2023 signed Abreu
'. . . 09'.55'.13-05'00'
John Quinn Digitally signed by John Quinn
OMB Signature: Date'.2023.12.01 16'.03'.20-05'00'
Comments:
Revised BOCC 4/19/2023
Page 84 of 105
FIRST AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT
BETWEEN MONROE COUNTY
AND
EE&G CONSTRUCTION &ELECTRICAL,LLC
This First Amendment to Professional Services Agreement dated November 21 , 2023, is made
by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040, ("County" / "Client") and EE&G Construction & Electrical,
LLC ("EE&G"/"Contractor"), a Florida Limited Liability Company authorized to do business in the State of
Florida, whose address is 5751 Miami Lakes Drive, Miami Lakes, Florida 33014, and collectively referred
to as the "Parties".
WHEREAS, the Parties entered into a Professional Services Agreement dated November 21, 2023,
("Agreement') for the remediation of moisture and microbial-damaged materials at the Cudjoe Key Fire
Station located at 22352 Overseas Highway, Cudjoe Key, Florida 33042 ("Project"); and
WHEREAS, at the time of the work being completed by EE&G, the Contractor advised the County that it
had undertaken its best efforts and expertise to remediate the moisture and removal of the microbial-
damaged materials, but that there was no guarantee that further mold may subsequently appear since
only the portion of the outer damaged kitchen wall above the tile exhibiting surface mold was removed
and treated rather than the entire wall substructure area of the wall in order to reduce costs and of the
belief that a partial kitchen wall removal would be a successful treatment; and
WHEREAS, subsequent growth of additional mold, however, has now occurred in the same treated area
and other areas of the kitchen walls which indicates that the mold has penetrated the subsurface area of
the walls, thus creating a further health hazard to the staff who work and live in that environment on a
daily basis and any visitors to the Fire Station; and
WHEREAS,staff has determined that more substantial mold treatment and remediation is now necessary
that will involve actual removal of the drywall and tiles to reach the mold that has apparently penetrated
into the drywall and beyond; and
WHEREAS, EE&G has provided the County with Proposal No. 2023-2081 dated November 16, 2023,
setting forth its proposed services to remove and remediate this second mold growth project at the Cudjoe
Key Fire Station ("Second Project"); and
WHEREAS,the parties desire to amend its underlying Agreement to revise the Description of Services to
include the additional work to alleviate this new second mold growth, to extend the term, authorize
payment for the services, and include some additional revisions to other provisions of the underlying
Agreement; and
WHEREAS, the Contractor agrees to these changes and it is in the best interest of the Parties to revise
its Agreement dated November 21, 2023, to reflect such changes;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree
as follows:
1. Paragraph 1, Description of Services, of the Agreement is hereby modified to include additional
1
services for the remediation of moisture and microbial-damaged materials on the North and South
Wall areas of the Kitchen of the Cudjoe Key Fire Station for this Second Project as set forth in
EE&G's Proposal No. 2023-2081, dated November 16, 2023, attached hereto as Attachment A to
this First Amendment and made a part hereof.All other provisions of Paragraph 1 remain the same.
2. Paragraph 2, Effective Date and Period of Performance, of the Agreement is hereby modified to
reflect the additional effective date of this First Amendment to Agreement to be upon the date this
Amendment is signed by both parties. Contractor shall abide by all other terms and provisions of
Paragraph 2 as to its period of performance and completion of the Project.
3. Paragraph 3, Basis of Compensation, of the Agreement is hereby amended to include additional
compensation to the Contractor in the amount of Sixteen Thousand Four Hundred Sixty-eight
and 00/100 ($16,468.00) Dollars for the services set forth in the Proposal attached hereto as
Attachment A for the work to be performed on this Second Project. The funding source shall be as
set forth in Paragraph 3 of the original executed Agreement for the initial Project, which is attached
hereto as Attachment B for reference and made a part hereof.
4. Paragraph 11, Maintenance of Records, under Additional Contract Provisions of the Agreement,
is hereby revised to correct the citation noted in the first paragraph therein which actually shall be
2 CFR§200.34. All other terms of Paragraph II remain the same.
5. The original Project and this Second Project are both funded by the Federally Funded State&Local
Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States
Department of Treasury which was referenced in Paragraph 3 of the Agreement. Certain
paragraphs in the Agreement, however, incorrectly referenced the funding Agreement as
"Attachment A", which was actually EE&G `s original proposal, when it in fact should have been
noted as Attachment B. The Agreement is hereby revised to correct any references to Attachment
A to in fact actually be Attachment B when referring to the underlying funding Agreement. This
correction should be reflected in Paragraphs 1), L), P), Q), and R)in the Federal Contract Provisions
section of the Agreement.
6. All other terms and conditions of the underlying Agreement, not specifically modified herein,
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Agreement to be
executed by their duly authorized officers with the authority to bind each entity on the dates as written
below.
Contractor: Client:
EE&G Construct lectrical, LLC Monroe County
Printed Name: Robert DeVlto Printed Name: Roman Gastesl
Title: Vice President Of Operations Title: County Administrator or Designee
DATE: 11/27/23 DATE: 12/04/2023
Z M NPRO COUNTY ATTORN Y'S OFFICE
v.m P'ATMRICNA ,S
AS TSTANf /q/jff2 TT 4RiNEY
Air :
ATTACHMENT A
EE&G CONSTRUCTION & ELECTRICAL, LLC
PROPOSAL DATED NOVEMBER 16, 2023, FOR THIS SECOND PROJECT
3
E
oi� G
�4 7 ICI �0th Avenue
1
Construction and Electrical, LLC
November 16, 2023
EE&G Proposal No.2023-2081
Ms. Chrissy Collins
Monroe County Public Works
123 Overseas Highway
Rockland Key, FL 33040
Subject: Proposal for Remediation of Moisture and Microbial-Damaged Materials
Cudjoe Key Fire Station #11 —South Wall Kitchen
22352 Overseas Highway
Cudjoe Key, Florida 33042
Dear Ms. Collins
EE&G Construction & Electric, LLC (EE&G) is pleased to provide you with this proposal for the subject
work. EE&G's Statement of Services and Fee Estimate are presented below:
STATEMENT OF SERVICES
Moisture/Microbial-Damaaed Remediation
EE&G, a Florida-licensed General Contractor, and Mold Remediation Contractor, will provide labor,
equipment, and materials to complete the removal of identified moisture/microbial-damaged materials and
subsequent cleaning and treatment of surfaces from the following locations:
• Kitchen North and South Wall of Affected Area.
The duration of the work is anticipated to be 2-3 business days.
Project Assumotions
• Remediation will follow General Recommendations and industry standards for mold remediation,
including containment, HEPA filtration, use of dehumidifier(s), removal, and disposal of identified
damaged materials.
• The Owner will turn off the water line for EE&G to get to the impacted materials.
• EE&G will remove impacted materials as needed, a minimum of two feet past visual staining/mold
growth.
• EE&G will Demo the ceramic Tile to get to the Impacted materials. No replacement of Ceramic
tile is included in this proposal.
• EE&G will cover and protect furnishings during removal of damaged drywall. Following removal of
all damaged materials, HEPA vacuuming and damp wiping of surfaces throughout the
containment areas is recommended at the finish of the removal and cleaning processes.
• Final cleaning of the affected areas is included.
• Areas will be off limits to other workers until work is completed and containment barriers are
removed.
Ms. Chrissy Collins
October 31, 2023
Page 2 of 2
• The Owner will provide on-call, complete access to work areas of the building, during allowed
working hours.
• All obstructions which could impede the process shall be removed prior to EE&G mobilization,
including, but not limited to shelving, debris, equipment,or stored items within the work areas.
• No comingling of trades during remediation activities.
• Cleaning of the air handler unit is not included in this proposal.
FEE ESTIMATE
EE&G proposes the following:
Microbial Remediation(Lump Sum).................................................................$16,468.00
Proposal pricing valid for 90 days from the date of proposal.
If this proposal is satisfactory, please forward to EE&G a signed PSA (attached) and/or a Purchase
Order. Fees for work performed will be invoiced upon completion as needed by the client. EE&G
appreciates the opportunity to assist you. Please call us if you have any questions regarding this
proposal.
Sincerely,
Yadir Jimenez Robert DeVito
Project Manager Vice President of Operations
EE&G Construction &Electrical,LLC. EE&G Construction &Electrical,LLC.
Florida-Licensed Asbestos Contractor No CJC 1154179
ATTACHMENT B
FULLY EXECUTED D.5 AND PROFESSIONAL SERVICES AGREEMENT WITH EE&G
CONSTRUCTION AND ELECTRICAL, LLC, DATED NOVEMBER 21, 2023, WITH EXHIBITS
ATTACHED
6
Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT,SUMMARY FORM FOR CONTRACTS $1„00,000.00 and Under
contract with- EE&G Construction & E
Effective Date:
Expiration Date:
Contract Purpose/Description:
EMERGENCY MOLD REMEDIATION AT THE END OF FY 2023
EE&G Project No.2023-2068-Proposal for Remediation of Moisture and Microbial-Damaged Materials
Cudjoe Key Fire Station#11 22352 Overseas Highway, Cudjoe Key, FL 33042
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: William DeSantis 4307 Facilities Maintenance/Stop#9C
CONTRACT COSTS
Total Dollar Value of Contract: $ 28,520.00 Current Year Portion: $
(must be$100,000.00 or less) (If multiyear agreement then
requires BOCC approval,unless the
iowl ainni.hliir c is
1 00.000.00 or I ss).
Budgeted? YAK No ❑
Grant: $ N/A County Match: $ N/A
Fund/Cost Center/S end Cate o : 001 -20501 -00061
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES ❑NO ❑
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: William Desantis
Patricia Eables Digitally signed by Patricia Eables
County Attorney Signature: Date''2023 11.1712''48''54-06'00'
Risk Management Signature:
Purchasing Signature: Lisa Abreu Digitally s Date 2023 signed Abreu
'. . . 16'.66'.28-06'00'
John Quinn Digitally signed by John Quinn
OMB Signature: Date'.2023.11.21 08'.13'.49-06'00'
Comments:
Revised BOCC 4/19/2023
Page 84 of 105
PROFESSIONAL SERVICES AGREEMENT
BETWEEN MONROECOUNTY
AND
EE,&G CONSTRUCTION& ELECTRICAL,LLC
This Agreement is made by and between Monroe County, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, ("County" / "Client") and
EE&G, Construction & Electrical, LLC ("EE&G" /"Contractor"), a Florida Limited Liability Company
authorized to do business in the State of Florida, whose address is 5751 Miami Lakes Drive, Miami
Lakes, Florida 33014 .
WITNESSETH
That for the considerations set forth below,the parties hereto do agree as follows:
1. 2LUdi2flo of 5eryLM
The services for the remediation of moisture and microbial-damaged materials at the Cudjoe Key
Fire Station located at 22352 Overseas Highway, Cudjoe Key, Florida 33042 ("Project), are as
set forth in EE&G's proposal no. 2023-2068 dated August 23, 2023, attached hereto as
Attachment A and made a part hereof. Contractor shall also use its best efforts and expertise
during the remediation process to conduct a search to determine the underlying cause of the
mold issue and submit any findings to Client on any future steps that may be required to remedy
the issue and submit for approval by the County any additional costs that may be due to EE&G,
2. Effective Date and E&d2d_9LEgdQ1MAnf&- This Agreement shall become effective (the "Effective
Date') upon the date this Agreement is signed by both parties. Remediation shall begin within three(3)
days after written authorization, pending receipt of permit, if required. Final report shall be
submitted within seven (7) days of last site visit, final or permit inspection, whichever is latest.
Start/Finish dates are to be announced upon execution of this Agreement. Once commenced,
the Contractor shall diligently continue performance until completion of the Project. The
Contractor shall accomplish Final Completion of the Project within thirty (30) days after
commencement, unless an extension of time is granted by the County,
3. Basis of 9mummligulL
This Project will be funded utifizing funds from the Federally Funded State & Local Fiscal
Recovery Fund Financial Assistance Agreement between the County and the United States
Department of Treasury attached hereto as Attachment B and made a part of this Agreement.
The compensation to the Contractor under this Agreement for Remediation of Moisture and
Microbial-Damaged Materials with Removal and Drywall Replacement on the affected areas shall be
a total Lump Sum of Twenty-eight Thousand Five Hundred Twenty and 00/100 ($28,620.00)
Dollars.
4. MQW212LW19king:
This project will be invoiced upon completion of the work. Invoices shall be sent to the Facilities
Maintenance Department, Attention, Chrissy Collins, via email at collins-
jg h Lisay q nroec2EDIM-ffl., ov, who will review the documents and route them to the
appropriate County Staff for approval. Upon receiving all required approvals, the invoice(s) will
be forwarded to the County Clerk of Courts' office ("Clerk") for payment. The Contractor is, to
submit to the County invoices with supporting documentation that are acceptable to the Clerk.
1
Acceptability to the Clerk is based on generally accepted accounting principles and such laws,
rules, and regulations as may govern the Clerk's disbursal of funds.
The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be
provided upon request.
Final payment shall be made by the County, as the Owner, to the Contractor when the Contract
has been fully performed by the Contractor and the work has been accepted by the County,
5. Professional Retainer:
No retainer fee is requested.
6. General Conditions/Requirements:
a. Payment for invoices prepared by EE&G is due and payable upon receipt. County shall
pay pursuant to the Florida Local Government Prompt Payment Act, Fla. Stat. Sec. 218.70,
upon receipt of a Proper Invoice from EE&G. Payments due and unpaid under the Contract
shall bear interest pursuantto the Florida Local Government Prompt Payment Act.
b. This Agreement may be terminated by either party hereto upon fifteen(15)days'notice in
writing to the other party. Upon termination, EE&G shall prepare and submit a final
invoice for services rendered to the date of termination together with any
termination expenses incurred.
For Contracts of any amount, if the County determines that the Contractor has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of (1) terminating the Agreement
after it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
C. Any drawings and specifications developed pursuant to this Agreement are
instruments of service, and as such the original documents, tracings, and field notes
are and remain the property of EE&G regardless of whether the work for which they
were prepared is executed.
d. In the event that legal action is instituted to enforce any of the terms of this Agreement,
the party which does not prevail shall pay the legal expenses of the prevailing party,
including attorney's fees.
e. The parties hereto each binds itself, its successors, executors, administrators and
assigns to the other party to this Agreement and to the successors, executors,
administrators and assigns of such other party in respect of all covenants of this
Agreement.
f. EE&G's liability for services to be rendered under this Agreement shall be limited
to $1,000,000 or the amount of EE&G's fee (whichever is greater), unless Client pays
for the assumption of additional liability by EE&G as a separate line item in Article
3, Compensation.
g. If applicable, Client agrees that EE&G shall not be responsible for liability caused by
2
the mere presence or previous release of hazardous substances at the site. The
Client will either make others responsible for liabilities due to such conditions or will
indemnify and save harmless EE&G from such liability. The provisions of this Article
(6,g) shall survive any termination of this Agreement.
h, The Contractor shall ensure that all non-exempt employees for this effort are
compensated in accordance with all State and Local Laws.
i. The Contractor shall load, haul, and properly dispose of all construction debris and
materials.
j, The Contractor shall provide and maintain appropriate (OSHA required) construction
warning signs and barriers.
k. The Contractor shall furnish all required work site safety equipment.
I. Construction work times shall be limited to those as specified by the County.
M. The Contractor needs to be aware of the facility, its residents, and staff with unusual
schedules and plan accordingly.
n. The Contractor is required to have all current licenses necessary to perform the work
and shall submit a copy of the Contractor's License and Monroe County Business Tax
Receipt along with this Agreement upon execution.
7. Indemnification, Hold Harmless, and Defense.,
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
the Contractor shall defend, indemnify and hold the County and the County's elected and
appointed officers harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any
type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any
costs or expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of the Contractor or any of
its employees, agents, contractors or other invitees during the term of this Agreement, (B) the
negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or
(C) the Contractor's default in respect of any of the obligations that it undertakes under the terms
of this Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of
the County or any of its employees, agents, contractors or invitees (other than the Contractor).
The monetary limitation of liability under this contract shall be equal to the dollar value of the
contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes.
The limits of liability shall be as set forth in the insurance requirements included in Paragraph 8
herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses
relate to events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
3
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this Agreement.
United States Department of the Treasury Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
United States Department of the Treasury and its officers and employees, from liabilities,
damages, losses and costs, including, but not limited to, reasonable attorney's fees,to the extent
caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and
persons employed or utilized by the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United
States or the County,
8. Insurance Requirements:
As a pre-requisite of the work and services governed, or the goods supplied under this contract
(including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own
expense, insurance as specified in this paragraph and made part of this contract. The Contractor
will ensure that the insurance obtained will extend protection to all Subcontractors engaged by
the Contractor, Alternatively, the Contractor may require all Subcontractors to obtain insurance
consistent with the insurance amounts and limits as noted herein.
The Contractor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work, resulting from
the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as If the work commenced on the specified date and time, except for the
Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions, Failure to comply with this provision may result in the immediate suspension
of all work until the required insurance has been reinstated or replaced. Delays in the completion
of work resulting from the failure of the Contractor to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the Contractor's failure to
maintain the required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions that may be
contained in the Contractor's Insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
• Certificate of Insurance or
•A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to
the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
4
the Contractor from any liability or obligation assumed under this contract or imposed by law.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements"and approved
by Monroe County Risk Management Department.
Contractor shall maintain in full force and effect the following insurance with coverage limits as
noted which are reasonable in light of the work to be undertaken:
Workers Compensation Statutory Limits
Employers' Liability $500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
General Liability $1,000,000 Combined Single Limit
Vehicle: $500,000 per Person
(Owned, non-owned, $1,000,000 per Occurrence
and hired vehicles) $100,000 Property Damage
or
$1,000,000 Combined Single Limit
Builders Risk Not Required
Construction Bond Not Required
The Monroe County Board of County Commissioners, its employees and officials, 1100
Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and as
"Additional Insured"on all policies, except for Workers' Compensation.
9. Non-Collusion:
By signing this proposal, the undersigned swears, according to law on his/her oath, and under
penalty of perjury, that their firm executes this proposal with prices arrived at independently
without collusion, consultation, communication, or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with any competitor.
Unless otherwise required by law, the prices which have been quoted in this proposal have not
been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer
prior to proposal opening, directly or indirectly, to any other proposer or to any competitor. No
attempt has been made or will be made by the proposer to induce any other person, partnership,
or corporation to submit, or not to submit a proposal for the purpose of restricting competition.
The statements contained in this paragraph are true and correct, and made with the full
knowledge that Monroe County relies upon the truth of the statements contained in this
paragraph in awarding contracts for this project.
10. Ethics Clause:
By signing this proposal, the undersigned warrants that he/she/it has not employed, retained, or
otherwise had act on his/her/its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may,
in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct
from the Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
11. Code of Ethics:
5
County agrees that officers and employees of the County recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
12. Public Entity Crime Statement:
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity, may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list."
13, Drum-Free Workplace:
By signing this proposal, the undersigned certifies that the contractor complies fully with, and in
accordance with Florida Statute, Section 287.087, the requirements as follows:
1) They will publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specify the actions that will be taken against employees for violations of
such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection 1.
4) In the statement specified-in subsection 1 notify-the-employees-that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five(5) days after such conviction.
5) Impose a sanction on,or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, for any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
ADDITIONAL CONTRACT PROVISIONS
If Nondiscrimination/Equal Employment Opportunity:
The Contractor and County agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. Contractor agrees to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title Vi of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin;
6
2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4)
The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II,
which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; and 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal Employment
Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended
by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment
Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C,F.R, Part
200, Appendix II, 1 C, agrees as follows:
1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated equally during employment, without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national
origin, Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee, who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions,
discloses the compensation of such other employees or applicants to individuals who
do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer,
or is consistent with the Contractor's legal duty to furnish information,
7
4) The Contractor will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representative of the
Contractor's commitments under this section , and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provision of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such
provisions, including sanctions for non-compliance; provided,-however, that in the
event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering agency the
Contractor may request the United States to enter into such litigation to protect the
interests of the United States.
Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor, successor,
transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
recipients of federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this
contract (or agreement). Title VI also includes protection to persons with "Limited English
Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et
seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22,
and herein incorporated by reference and made a part of this contract or agreement.
Iq Maintenance of Records,
The Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Records shall be retained as applicable for 1) a period of five (5) years after all funds
have been expended or returned to the Department of the Treasury, whichever is later; or 2)for a
period of seven (7) years from the termination of this Agreement or for a period of five (5) years
from the submission of the final expenditure report as per 2 CFR §200.33, whichever is greater.
Each party to this Agreement or its authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records purposes during
the term of the Agreement and for seven (7)years following the termination of this Agreement.
Further, the Contractor is subject to the following:
1) The Contractor shall maintain records and financial documents sufficient to evidence
compliance with Sections 602(c) and 603(c) of the Social Security Act, Treasury's
regulations implementing that section, and guidance issued by the Department of the
Treasury regarding the foregoing.
2) The Department of the Treasury Office of Inspector General and the Government
Accountability Office, or their authorized representatives, shall have the right of access to
records (electronic and otherwise) of the Contractor in order to conduct audits or other
investigations.
III) Right to Audit:
Availability of Records. The records of the parties to this Agreement relating to the Project, which
shall include but not be limited to accounting records (hard copy, as well as computer readable
data if it can be made available; subcontract files (including proposals of successful and
unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates;
estimating work sheets; correspondence; change order files (including documentation covering
negotiated settlements); back charge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting
evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and
Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may in Owner's or
the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights,
duties, or obligations under or covered by any contract document (all foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by
Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may
also conduct verifications such as, but not limited to, counting employees at the job site,
witnessing the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges, verifying
information and amounts through interviews and written confirmations with employees,
subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)
years after Final Completion. The County Clerk possesses the independent authority to conduct
an audit of records, assets, and activities relating to this Project. If any auditor employed by the
County or Clerk determines that monies paid to Contractor pursuant to this Agreement were
spent for purposes not authorized by this Agreement, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03 of the Florida Statutes, running from the date the monies were paid to Contractor.
The right to audit provisions survive the termination or expiration of this Agreement.
IV) Public Records Compliance:
The Contractor must comply with Florida public records laws, including but not limited to Chapter
119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all documents,
records, papers, letters or other "public record" materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County
and Contractor in conjunction with this contract and related to contract performance. The County
shall have the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a
material breach of this contract and the County may enforce the terms of this provision in the form
of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
9
attorney's fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor
is required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract, notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the County or pursuant to a
valid public records request within a reasonable time may be subject to penalties under Section
119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS BRIAN BRADLEY AT PHONE NO. 305-292-
3470, BRADLEY-BRIAN(a-)-MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408,
KEY WEST, FL 33040.
V) E-Verify System:
10
Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any
subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify the work authorization status of all new employees hired by the Contractor
during the term of the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new employees hired by
the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating
that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec.448.095.
VI) Notice Reguirement:
Any written notices or correspondence given pursuant to this contract shall be sent by United
States Mail, certified, return receipt requested, postage prepared, or by courier with proof of
delivery. Notice is deemed received by Contractor when hand delivered by national courier with
proof of delivery or by U.S, Mail upon verified receipt or upon the date of refusal or non-
acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until
changed in writing in the manner provided in this paragraph. Notice shall be sent to the following
persons:
For Contractor: EE&G Construction & Electrical, LLC
5751 Miami Lakes Drive
Miami Lakes, Florida 33014
For Owner: Facilities Maintenance Department
Attention: Chrissy Collins
123 Overseas Hwy.—Rockland Key
Key West, Florida 33040
And
Monroe County Attorney's Office
1111 12th Street
Suite 408
Key West, Florida 33040
VII) Uncontrollable Circumstance:
Any delay or failure of either Party to perform its obligations under this Agreement will be excused
to the extent that the delay or failure was caused directly by an event beyond such Party's
control, without such Party's fault or negligence and that by its nature could not have been
foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b)
flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the
geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d)
government order or law in the geographic area of the Project; (e) actions, embargoes, or
blockades in effect on or after the date of this Agreement; (f) action by any governmental
authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable
Circumstance"). Contractor's financial inability to perform, changes in cost or availability of
materials, components, or services, market conditions, or supplier actions or contract disputes will
not excuse performance by Contractor under this Section. Contractor shall give County written
notice within seven (7) days of any event or circumstance that is reasonably likely to result in
an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable
Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance,
ensure that the effects of any Uncontrollable Circumstance are minimized and resume full
11
performance under this Agreement. The County will not pay additional cost as a result of an
Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or
Amendment for such reasonable time as the Owner's Representative may determine.
Vlll) Adjudication of DIs utes or Disagreements:
County and Contractor agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties, if the
issue or issues are still not resolved to the satisfaction of the parties, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration. This provision does not negate or waive the
provisions of Section I, Nondiscrimination, or Paragraph 6.D,, concerning termination or
cancellation.
14. FEDERAL CONTRACT PROVISIONS
The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2
C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including
but not limited to:
A) Clean Air Act (42 U.S.C. 447401-7671g.) and the Federal Water Pollution Control Act (33
U.S.C. M1261-1387). CONTRACTOR agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C. §§7401-7671 q) and the
Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387), and will report
violations to the Department of the Treasury/Federal Agency and the appropriate Regional Office
of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q)
and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to
Contracts and subgrants of amounts in excess of$150,000.00. The Contractor agrees to include
these requirements in each subcontract exceeding $150,000 financed in whole or in part with
Federal assistance provided by the Department of the Treasury/Federal Agency. The Contractor
agrees to report each violation to the COUNTY, and understands, and agrees that the COUNTY
will, in turn, report each violation as required to assure notification to the Department of
Treasury/Federal Agency and the appropriate EPA Regional Office.
B) Contract Work Flours and Safety Standards Act (40 U.S.C. 443701-3708). Where applicable,
which includes all FEMA grant and cooperative agreement programs, all contracts awarded by
the County in excess of $100,000 that involve the employment of mechanics or laborers must
comply with 40 U.S.C. ?3§3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each Contractor must compute the wages of
every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of
forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available
on the open market, or contracts for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any
part of the contract work, which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic
in any workweek in which he or she is employed on such work to work in
excess of forty (40) hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty (40) hours
12
in such workweek,
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in Paragraph 29 C.F.R. §5,5(b)(1),, the
Contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable
to the United States (in the case of work done under contract for the District
of Columbia or a territory, to such District or to such territory), for liquidated
Damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in Paragraph 29 C.F.R. §5.5(b)(1), in the, sum
of $27 for each calendar day on which such individual was required or
permitted to work in excess, of the standard workweek of forty (40) hours
without payment of the overtime wages required by the clause set forth in
Paragraph (b)(1) of 29 C.F.R. §5.5.
(3) Withholding for unpaid wages and liquidated damages. The Federal agency
shall, upon its own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld
from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may Ibe determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in Paragraph 29
C.F.R. §5.5(b)(2).
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in Paragraph 29 C.F.R. §5.5 (b)(1)
through (4), and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in Paragraphs 29 C.F.R. §5.5, (b)(1)through (4),.
C) Rights to Inventions Made Under a Contract or Agreement, If the Federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
D) Debarment and Suspension.(Executive Orders 12549 and 12689) A contract award under a
"covered transaction" (see 2 CFR §180,220) must not be made to parties listed on the
government-wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 C.F.R. Part 180 that implernent Executive Orders 12549 (3 C.F.R. Part
19�86 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and
Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000
(Nlonprocurement Debarment and Suspension). SAM Exclusions contain the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549, SAM exclusions can be
accessed at Contractor is required to verify that none of the contractor's principals
(defined at 2 C.F.R. §180,935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded
(defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.9135). The Contractor
must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include
a requirement to comply with these regulations in any lower tier covered transaction it enters into,
13
This certification in m material representation of fact relied upon by the County. If it is later
determined that the contractor did not comply with 2 C.F.R. pt. 180. subpart C and 2 C�F.R. pt,
3000, subpart C. in addition to reme6es available to the County, the Fedena� Government may
pursue available remedies, including but not limited to suspension and/or debarment. Bidders or
Proposers agree to comply with the requirements of C.F.R. [t. 180. subpart C and 2 C,F.R. Pt.
3000, subpart C while this offer is vand and throughout the period of any contract that may arise
from fts 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 to2 C,F.R.
Part 180 and the Department of the Treasury's implementing reguiation at 31 C.F.R. Part 19.
E) 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 ponaom or organization for
influencing or attempting to influence an officer or emp�oyee of any agemcy, a member of
Congress, officer or employee of ConQreaa, or an employee of a member of Congress in
connection with obtaining any Federal noninacd, grant or any other avxend covered by 31 U.&C.
§1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to her up
to the recipient who in (urn will forward the certification(s) to the awarding agency, If the award
exceeds $1OU.U&Q. the attached certification must besigned and submitted by the Contractor tm
the County.
F) The
Contractor must oomopiy with Section 0002 of the Solid VVmstm Dimpmmm| Act, as amended, by the
Resource, Conservation and Recovery Act. The requirements of Section 8002 include procuring
only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F�R,
Part 247 that contain the highest percentage of recovered mabeha�mpraotioeb|o. consistent with
maintaining m satisfactory level of cumpetihon, where the purchase price of the hem exceeds
$10,000 or the va�ue of the quantity acquired during the preceding fiscal year exceeded $10,000,
procuring solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program 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. �CompoMRive|y within a fimneframe providing for compliance with the contract performance
schedule;
2. Meeting contract performance requirements; or
3. Ata reasonable price.
Information about this requirement, along with the fist of EPA-des�gnated items, is available at
EP/ro Comprehensive Procurement GuidaNnee webeite,
.
The Contractor also agrees to comply with all other app|iceb�n requirements of Section 8002
of the Solid Waste Disposal Act.
G) Prohibition on certain telecommunications and video surveillance services or_qgMjpiment
as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and
subcontractors may not obligate or expend any federal funds to (1) Prmcuna or obtaO;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into s contract (or extend
or renew a contract) to procure or obtain equipment somioea, or systems that uses covered
teImcnmrmoniootione equipment or services as a substantial or essential component of any
ayatem, or as critical technology as part of any system. As described in Public Law 115-232^
section 88&, covered telecommunications equipment iate|eoommun�uadiona equipment produced
by Humwei Technologies, Company or ZTE Corporation (o/ any subsidiary or affiliate of such
14
entities)
(1) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(11) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii)Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director of
the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
H) Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The County and
Contractor should, to the greatest extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including but
not limited to iron, aluminum, steel, cement, and other manufactured products). These
requirements of this section must be included in all subawards including contracts and purchase
orders for work or products under federal award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
(2) "Manufactured products" means items and construction materials composed in whole or in
part of non-ferrous metals such as aluminum; plastics and polymer-based products such as
polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
1) Copeland "Anti-Kickback"Act(2 C.F.R. 200, Appendix II (D); 40 U.S.C. -43145). This section
applies if the contract is in excess of$2,000 and pertains to construction or repair, and further, if
required by Federal program legislation. Contractor shall comply with the Copeland "Anti-
Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29
C.F.R. Part 3), "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States"). The Act provides in part that
Contractor shall be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to
which it is otherwise entitled. The County shall report all suspected or reported violations to the
Department of the Treasury.
16. Other Federal and/or Department of the Treasury Requirements (as applicable)
Section 602(b) of the Social Security Act (the Act), as added by Section 9901 of the American
Rescue Plan Act(ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the
Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (Fiscal Recovery Funds),
Monroe County shall not enter into a Contract or make any distributions of funds to Contractor
using monies from the Fiscal Recovery Funds absent Contractor's agreement and adherence to
each term and condition contained herein. The Contractor and its sub-contractors must follow
the provisions set forth herein, as applicable, including but not limited to:
A) Americans with Disabilities Act of 1990 (ADA), as amended, The Contractor will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the Contractor pursuant thereto.
B) Disadvantacied Business Enterprise DBB Policy and Obligation, It is the policy of
15
the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
County funds under this agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The County and its Contractor agree
to ensure that DBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with 2 C.F.R. §200,321 (as set forth below), applicable
federal and state laws and regulations to ensure that DBE's have the opportunity to
compete and perform 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
a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods
or services then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the
following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible.
b. Affirmative steps must include;
(1) Placing qualified small and minority businesses and women's business enterprises
on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and
women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of
the Department of Commerce.
(6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative
steps listed in paragraph (1) through (5)of this section.
C) Access to Records. Contractor and its successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the
access to records, accounts, documents, information, facilities and staff by the United
States Department of the Treasury. Contractors must: (1) Cooperate with any compliance
review or complaint investigation conducted by the Department of the Treasury; (2) Give
the Department of the Treasury access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the grant and permit
access to facilities, personnel, and other individuals and information as may be necessary,
as required by the Department of the Treasury regulations and other applicable laws or
program guidance; and (3) Submit timely, complete, and accurate reports to the
appropriate Department of the Treasury officials and maintain appropriate backup
documentation to support the reports.
D) Changes to Contract. The Contractor understands and agrees that any cost resulting
from a change or modification, change order, or constructive change of the agreement
must be within the scope of any Federal grant or cooperative agreement that may fund this
Project and be reasonable for the completion of the Project. Any contract change or
modification, change order or constructive change must be approved in writing by both the
County and Contractor.
16
E) Executive CoM22nsaflon. As required by C.F.R. Part 170. Appendix A, the Contractor
must report the names and total compensation of its five (5) (G) most highly compensated
executives and the names and total compensation of the five most highly compensated
executives of its subcontractors for the preceding compAeted fiscal year if:
(a) the total federal funding authorized hodate under the award funding this Agreement
equals mr exceeds $3O.00n.00ea defined im2C.F�R. §170.320;
(b) the Contractor received 80 percent or more of its gross revenues from federal
procurement contracts (and subcontracts) and federal financial assistance subject tothe
Transparency Act, aa provided by2C.F.R. §17O.32O (and aubcontraota);
(c) the Contractor received $25.0OD.8OOOQormore in annual gross revenues from federal
procurement contracts (and subcontracts) and federal financial aooiatmnoa subject tothe
Transparency Act, as defined in 2 C.F.R. §170 32Q (and subcontracts); and
(d) the public does not have access to information about the compensation of the
executives through periodic reports filed under Section 13(a) o/ 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a}. 78m(d)) or Section 6104 of the Internal Revenue
Code mf1B8S Tu determine if the public has access to the compensation information, moo
U.S. Security and Exchange Commission total compensation Oiimge at
.
F} The Federal Government is not a party tuthis
contract and is not aubject to any obligations or liabilities to the Cnunh/nom-Federa| entity.
contractor or any other party perta�ning to any matter resulting from the contract.
G) Program Fraud and False or Fraudulent Statements or Related Acts. The contractor
eckmmwIedgos that 31 U.S,C Chap, 38 (Administrative Reme6ea for False, Claims, and
Statements) applies to the Contractor's actions pertaining bo this contract. The Contractor
understands that making false statements or claims in connection with this award is m
violation of federal law and may result in criminal, oiui|, or administrative, nanctionm,
including fines,, �nmphuonmem . civil damages and pemaltioa, debarment from participating in
federal awards or contracts, and/or any other remedy.
H) The Contractor shall utilize the U.S. Department ofHomeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the Contractor during the
term of the Contract and mhoU expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeiand Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract harm.
U) The Contractor will be bound by the barmna and conditions of the Fedens|iy Funded State &
Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the
United States Department of Treasury attached hereto as Attachment A and made a port of
this Agreement,
J) The Contractor shall hold the United States and County harmless against all oiaione of whatever
nature arising out of the Contractor's performance of work under this /\goeement, to the extent
0ownd and required by law.
K) Energy Efficiency., If app0cab|e. the Contractor will oompIy with the Energy Policy and
Conservation Act (P.L 94'163; 42 U.B.C. §§6201-6422) and with all mandatory standards and
policies relating to energy efficiency and the provisions of the state Energy Conservation Plan
adopted pursuant thereto.
17
L) Conflicts of Interest. The Contractor understands and agrees it must maintain a conflict-of-
interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest policy is
applicable to each activity funded under the federal award as set forth in Attachment A. The
Contractor and subcontractors must disclose in writing to Treasury or the pass-through entity, as
appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2
C.F.R. §200.112.
M) Remedial Actions. In the event of the Contractor's noncompliance with Section 602 of the Act,
other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other
program requirements, Treasury may impose additional conditions on the receipt of a subsequent
tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. §
200.339. In the case of a violation of Section 602(c) of the Act regarding the use of funds,
previous payments shall be subject to recoupment as provided in Section 602(e) of the Act and
any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(111)
of the Act, as applicable.
N) Compliance with Federal Law, Regulations and Executive Orders. This is an
acknowledgment that Department of the Treasury (Treasury) financial assistance will be used to
fund the contract only. The Contractor agrees to comply with the requirements of Sections 602
and 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. The Contractor also agrees to
comply with all other applicable federal statutes, regulations, and executive orders, and the
Contractor shall provide for such compliance by other parties in any agreements it enters into with
other parties relating to this award.
Federal regulations applicable to this Department of Treasury award include, without limitation,
the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury
may determine are inapplicable to this award and subject to such exceptions as
may be otherwise provided by Treasury. Subpart F—Audit Requirements of the
Uniform Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term
or condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B)that the award is subject to 2 C.F.R.
Pan;180 and Treasury's implementing regulation at 31 C.F.R. Part 19.
V. Recipient Integrity and Performance Matters, pursuant to which the award term
set forth in 2 C.F.R, Part 200, Appendix XI to Part 200 is hereby incorporated by
reference.
vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
18
O) Hatch Act. The Contractor agrees to comply, as applicable,with requirements of the Hatch Act(5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed in
whole or in part by this federal assistance.
P) Publications. Any publications produced with funds from the federal award as set forth in
Attachment A must display the following language: "This project [is being] [was] supported, in
whole or in part, by federal award number[enter project FAIN] awarded to [name of Recipient] by
the U.S. Department of the Treasury."
Q) Debts Owed the Federal Government.
a. Any funds paid to the Contractor (1) in excess of the amount to which Contractor is
finally determined to be authorized to retain under the terms of this award as set forth in
Attachment A; (2) that are determined by the Treasury Office of Inspector General to
have been misused; or (3) that are determined by Treasury to be subject to a repayment
obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act and have not been
repaid by Contractor shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's
initial written demand for payment, unless other satisfactory arrangements have been
made or if the Contractor knowingly or improperly retains funds that are a debt as defined
in Paragraph 14(a) of the federal award as set forth in Attachment A. Treasury will take
any actions available to it to collect such a debt,
R) Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to the
Contractor or third persons for the actions of Contractor or third persons resulting in
death, bodily injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the performance
of services funded under the federal award as set forth in Attachment A or any other
losses resulting in any way from the performance of services pursuant to any contract, or
subcontract under this award.
b. The acceptance of these funds provided by the federal award as set forth in Attachment
A by the Contractor does not in any way establish an agency relationship between the
United States and the Contractor.
S) Protections for Whistleblowers.
a. In accordance with 41 U,S.C. § 4712, the Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal
funds, an abuse of authority relating to a federal contract or grant, a substantial and
specific danger to public health or safety, or a violation of law, rule, or regulation related
to a federal contract(including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii.An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v.An authorized official of the Department of Justice or other law enforcement
agency;
19
vi.A court or grand jury; or
vii, A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. The Contractor shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce,
T) Increasing Seat Belt Use in the United States, Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), the Contractor is encouraged to adopt and enforce on-the-job seat
belt policies and programs for its employees when operating company-owned, rented, or
personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-job
seat belt policies and programs for their employees when operating company-owned, rented,
or personally owned vehicles.
U) Reducing Text Messaging Whlle Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and
subcontractors to adopt and enforce policies that ban text messaging while driving, and the
Contractor should establish workplace safety policies to decrease accidents caused by
distracted drivers.
16. Governing Law, Venue, and Interpretation:
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida, applicable to agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that venue
shall lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
17. Severability;
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement, The
County and Contractor agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
18. Attorney's Fees and Costs:
County and Contractor agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement,
the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and
out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court
system, including in appellate proceedings.
19. Attestations:
Contractor agrees to execute such documents as the County may reasonably require to include,
but not limited to a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement, attached hereto as Attachment C and made a part hereof.
20
20. Authority:
Each party represents and warrants to the other that the execution, do|ivery, and performance of
fte Agreement have been duly authorized by all necessary County and corporate aotimn, as
required by law.
21 Cooperation:
In the event any administrative or legal proceeding is instituted against either party relating tothe
formation, execution, parfurmenoe, or breach of this Agreement, County and Contractor agree to
padioipste, to the extent required by the other party, in all prooeed[ngm^ heahnQe, prmmaaaeu,
meetinge, and other activities related to the substance of this Agreement or provision of the
services under this Agreement, County and Contractor specifically agree that no party toftm
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
22, Section HeadLag
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.
23. Entire Agf2ement
Thlsmxftimg 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 fte
Agreement shall be in vvrlting, approved by the Board of County Commlamionem, and signed by
both parties before it becomes effective.
IN WITNESS VVHEREOF, the parties hereto have caused the Agreement to be executed by
their duly authorized officers on the dates ae written below.
Contractor: Client:
EE&G Construction & Electrical,LLC Monroe County
BY: BY:
Printed Name Printed Name' RoDl@O G@St8Si
Tide: Vice President of Operations Title: County Administrator orDesignee
DATE:-November 27 2023 DATE:—November 21 2023
ATTACHMENT A
EE&G CONSTRUCTION & ELECTRICAL, LLC
PROPOSAL DATED AUGUST 23, 2023
22
48EhAvenum
E E bi G 33181
Te� {3O5) 37483OO
ConaUucbon & Bechvuai LLC
August 23. 2023
EE&G Project No. 2028-2068
Ms. ChrissyCollins
Monroe County Public Works
123 Overseas Highway
Rockland Key, FIL33O4U
Subject Proposal for Remediation of Moisture and MicrobiaU-Damaged Materials
Cmd]oe Key Fire Station
22352 Overseas H|gihwmy
CmcUme Key, Florida 33042
Dear Ms, Collins
EE&G Construction & Electric, ILLC (EE&G) is pleased to provide you with this proposal for the subject
work. EE&B'n Statement of Services and Fee Estimate are presented below:
STATEMENT OF SERVICES
EE&G. a Florida-licensed General Contractor, and K8o�d Remediatian Contractor, will provide |abor,
equipment, and materials tu complete the removal of identified muimtuna/imiorobia|'demaged materials and
subsequent cleaning and treatment of surfaces. Remedietion work will be conducted following a pre-
determined schedule of 5-6 wmrkdays, in the following locations:
w Classroom t, Computer Room, Reshomn,Kitchen, and BI1ARoom.
EE&G will install level-3 finish replacement mold resistant drywall on affected areas after the completed
remediation. Replacement includes re-installing the existing treated base.
Project Assumptions
a Remediation will follow General Recommendations and industry standards for mold memedia#on,
including containment, HEPAfi|tration' use ofdehum|difier(s). remnva|, and disposal of identified
damaged materials.
° EE&B will remove impacted materials as needed, e minimum of two feet past visual staining/mold
growth.
° Clean and treat wood base with anti-microbial coating for re-use. If significantly damaged or
deteriorated,dispose mf damaged wood base.
° EE&GwiU cover and protect furnishings during removal of damaged drywall. Following removal of
all damaged materials, HEPA vacuuming and damp wiping of surfaces throughout the containment
areas is recommended ed the finish of the removal and cleaning processes.
� Final cleaning of the affected areas iaincluded.
professional Service Agreement
2023-2068
• Areas will be off limits to other workers and residents until work is completed and containment
barriers are removed.
• The owner is responsible for moving personal items and electronics from the work area, including
equipment and materials that will need to be accessed during the work. Otherwise, EE&G will move
shelving, desks, etc. to the center of the rooms or out of the work areas, into an approved area of
the shop. Items will be moved back after the completion of the work.
• The owner will provide normal building electrical power and water for our use at no charge, as
needed.
• Cleaning of the air handler unit is not included in this proposal.
• Proposal valid for 90 days.
FEE
Presented below is EE&G's fee for the completion of the proposed work.
Microbial Remediation Remove and Replace(Lump Sum) . . . . . . . . . . . . . . . . . . . . . . . $28,620.00
If this proposal is satisfactory, please sign, date, and forward to EE&G the attached PSA and retainer fee
and/or send a purchase orderlsub-contractor agreement. EE&G appreciates the opportunity to assist.
Please call us if you have any questions regarding this proposal.
Sincerely,
Yadir Jimenez Robert DeVito
Project Manager Vice President of Operations
EE&G Construction &Electrical,LLC. EE&G Construction&Electrical,LLC.
Florida-Licensed Asbestos Contractor No CJC 115417
ATTACHMENT B
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL
ASSISTANCE AGREEMENT
25
OM Approved No. 1505.0271
Expiration Unto:11/30/2021
U.S. DEPAR'i'Mr,,N'140f, r.1-IC'1'IiGASIJRY
CORONAVIRUS STATE AND LOCAL,FISCAL,RECOVERY FUNDS
Recipient name and address: BUNS Namlber:073876757
Monroe County Board of Commissioners Taxpayer Identification Number:$96000749
1.100 Simonton Street,Room 2-213 Assistance Listing Number and`L'itk 21,027
Key West,Florida 33040
Sections 602(b)and 603(b)of the Social Security Act(the Act)as added by section 990t of the American Itescue Plan Aet,Pub,L.,
No. 117-2(March 1.1,2021)authorizes the Department of the Treasury(Treasury)to make payments to certain recipients from the
Coronavirus.State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipients hereby agrees,as a condition to receiving such payment from'.Treasury,agrees to the tenns attached hereto.
Recipient,
Digitally signed by Tma Shan
Tina B o a n Date:2022.08.02 09:11:02
U4 00
Authorized Representative Signature(above)
Authorized Ropresentative Name: Tina Boan
Authorized Rcpresentativc Title: Senior Director Budget&Finance
Date Signed:
U.S,Department of the T'reastuy:
Authorized Representative Signature(above)
Authorized Representative Name: Jacob Loibenlutt
Authorized Representative Title; Chief Rocavery Officer,Office of Recovery Programs
Date Signed: May 14,2021
PAPERWORK REDUCTION ACT NOTICE
The inrarmatign collected will be used for the U S.Govomment to process requests for support.Tho estimated burden assaeiatad with this collection of
infoemation is 15 n1inutes per response.Comments a rwerning the accuracy of this burden estimate And suggestions rar reducing this burden should lx directed
to the.OtlficeofPrivaey,Tr<utsparency and Records,Department ofthe Treasury,1500Pennsylvania Ave.,1<7.W.,Washington,D.C.20220.DO NOT send the
rona 0 alia Hddress,fall ouomy may wt o6nL uo x sponsor,and a Ponon la not roqulred to respond to,a collactlali QfInfOnl7atiQ11 unlo3s it displays a valid
catltrol number essiWied by 01AB.
26
U,S.DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1.Ilse of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections
602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and
financial capability to ensure proper planning,management,and completion of such project.
2.PeriQcl.Qf RpEfpzmanmThe period of performance for this award begins on the date hereof and ends on December 31,2026,As
set forth in Treasury's implementing regulations,Recipient m ay use award funds to cover eligible costs inciured during the period
that begins on March 3,2021 and ends on December 31,2024
3.Reportine.Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award.
4.by aintenance of and Access to Records
a. Recipient shall maintainn records and financial documents sufficient to evidence compliance with sections 602(c)and
603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds.
b. 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 otberwise)of Recipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Recipient for a period of five(5)years after all funds.have been expended or returned to
Treasury,whichever is later.
5.Pre-award C, Pets-Pre-award costs,as defined in 2 C.F.R.§200.458,may not be paid with funding from this award.
6.Administrative Costs,Recipient may use funds provided under this award to cover both direct and indirect costs.
2.Cost Sharing.Cost sharing or matching funds are not required to be provided by Recipient.
8.Conflicts of Interest.Recipient understands and agrees it must iaintain a conflict of interest policy consistent with 2 C.F.R.§
200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and
subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest
affecting the awarded funds in accordance with 2 C,P,R.§200.112.
9.Compliance with&L2 icahle LM andReg_ulations.
a. Recipient agrees to comply with the requirements of sections 602 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.Recipient also
agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include,without limitation,the following:
i. Uniform Adminlstrative Requirements,Cost Principles,and Audit Requirements for Federat 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 maybe otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act,shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term
set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term
set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference,
iv. OMB Guidelines to Agencies on Goverrmentwide Debarment and Suspension(Nonprocuremcm.),2 C.P.R.Part
180,including the requirement to include a tern or condition in all lower tier covered.transactions(contracts and
subcontracts described in 2 CY R,Part 180,subpart 13)that the award.is subject to 2 C.F.R.Part 180 and Treasury's
implementing regulation at 31 C.P.R.Part 19.
27
v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 G.F.R.Part 200,
Appendix XII to Part 200 is hereby incorporated by reference.
vi. Govenumentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20.
vii. New Restrictions on Lobbying,31 C.F.R.Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C.§§4601-4655)and
implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
o. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following:
i. Title VI of the Civil Rights Act of 1964(42 U.S.C.§§2000d et seq.)and Treasury's implementing regulations at 31
C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),which prohibits
discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability;
iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the
basis of disability under any program or activity receiving federal financial assistance.-
iv The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 at soq.),and Treasury's implementing
regulations at 31 C.F.LL Part 23,which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance;and
v. Title 11 of the Atttericans with Disabilities Act of 1990,as amended(42 U.S.C. §§ 12101 et seq.),which prohibits
discrimination on the basis of disability under programs,activities,and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
1 Q.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws,
Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2
C.F.R.§200 339,In the case of a violation of sections 602(c)or 603(a)of the Act regarding the use of funds,previous payments
shall be subject to recoupmcnt as provided in sections 602(e)and 603(e)of the Act
11.Hatch Act.Recipient agrees to comply,as applicable,with requirements of tl-ie Hatch Act(5 U.S.C.§§1501-1508 and
7324-7328),which limit certain political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by this federal assistance.
12,False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of
federal law and m ay result in criminal,civil,or administrative sanctions,including fines,umprisonument,civil damages and
penalties,debann ent from participating in federal awards or contracts,and/or any other remedy available by law.
13,Publications.Any publications produced with fluids from this award must display the following language;`Phis project[is
being][was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of
Ccrumissionors by the U.S.Department of the Treasury."
14 Debts Owed the Federal Government.
a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain
under the terms of this award;(2)that are determined by the Treasury Office of Inspector General to have been m ist=d;or
(3)that are determined by Treasury to be subj act to a repayment obligation pursuant to sections 602(e)and 603(e)of the
Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determ ined to he owed the federal govemment must be paid pramptly by Recipient.A debt is delinquent i,f it has
not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements
have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a).
Treasury will take any actions available to it to collect such a debt.
28
15.Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of
Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from
the performance of this award or any other losses resulting in any way from the performance of this award or any contract,
or subcontract under this award.
E The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States
and Recipient,
1.6.Protections for Whistleblowers.
a. In accordance with 41 U.S.C,§4712,Recipient may not discharge,demote,or otherwise discriminate against an employee
in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably
believes is evidence of gross m ismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of
authority relating to a federal contract ar grant,a substantial and specific clanger to public health or safety,or a violation of
law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury;or
vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to
investigate,discover,or address misconduct
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant
native language of the workforce.
17.Increasing Seat Felt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient
should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when
operating company-owned,rented or personally owned vehicles.
18 Reducing Text lytessagging While lLvine.Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should
encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and
Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
29
OMB Approved No. 1505-0271
Expiration Date; 11/30/2021
ASSURANCE OF COMPLIANCE WITH CIWL RIGHTS REQuIRENMENTS
ASSURANCE OF COMPLIANCE WITH TITLE VI OFTHE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of
Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance
may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land
or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the
intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated
programs,licenses,procurement contracts by the Federal goverrunent at market value,or programs that provide direct benefits.
This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury,
including any assistance that the Recipient may request in the future,
The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs,
services and activities,so long as any poition of the recipient's program(s)is federally assisted in the manner proscribed above.
I, Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which
prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under program s and
activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42
U.S.C.§2000d et seq),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and
other pertinent executive orders such as Executive Order 13166;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 programs and activities for individuals who,because of national
origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs,
services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil
Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate
reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have tneaningful
access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail
providing language assistance services,including oral interpretation and written translation where necessary,to ensure
effective communication in the Recipient's programs,services,and activities.
3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and
when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP
guidance at 70 FR 6067.For more information on LEP,please visit
4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of
federal Financial assistance and is binding upon Recipient and Recipient'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,successors,
transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every
contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees,
contractors,subcontractors,successors,transferees,and assigneesi
The sub-grantee,contractor,subcontractor,successor. transferee,and assignee shall comply i0th Title V1 o the
f
Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program
or activity, denying benefits of or othe?wise discriminating against a person on the basis oj'race,color,or
national origin(42 U.&C.§2000d et seep-,),as implemented by the Deparhmeni of the Treasury's Title V1
regulations,31 CFR Part 2Z which are herein incorporated by reference and made a part ofthis contract(or
agreement).Title H also includes protection to persons with "Limited English Proficiency"'in any program or
activity receiving,lMeralfinancial assistance, 42 U.S.C.. 2000d et sect.,as implemented by the Department of the
Treasury's Title H regulations, 31 CFR Part 22,and herein incorporated by reference and made a part of this
contract or agreement.
6 Recipient understands and agrees that if any real property or structure is provided or unproved with the aid of federal
financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent
transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal
financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any
30
personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or
possession of the property,
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the
aforementioned obligations,Enforcement may include investigation„arbitration,mediation,litigation,and monitoring of
any settlement agreements that may result from these actions.That is,the Recipient shall comply with inforiation requests,
on-site compliance reviews,and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on
the grounds of race„color„or national origin,and limited English proficiency covered by Title V'1 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 Title VI..
p. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and
efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and
the adm inistrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the
Recipient must provide documentation of the settlement If Recipient has not been the subject of any court or administrative
agency finding of discrimination,please so state.
10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that
sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make
sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub-recipients.
The United States of.America has the right to seek judicial enforcem ent of the tenus of this assurances document
and nothing in this document,alters 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 he/she has read and understood its obligations as
herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and
that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
f.
10/10/2023
Recipient
�gl obertDeVito,VP Operations Date
Tlna Boar =o��nri�s�u�12L. arrr_
Signature of Authorized Official:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S.Government to process..requests for support,The estimated burden,sscciated with dais collection of
information is 15 minutes per response.Continents concendng the accuracy of this burden estimate and suggestions for reducing Otis burden should be directed
to the Office ofPrivacg,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT semi the
forth to this address.An agency-may not conduct or sponsor,and a person is not required to respond to,a collection of information tudess it displays a valid
control number assigned by ONIB.
31
ATTACHMENT C
COUNTY FORMS
32
NON-COLLUSION AFFIDAVIT
] Robert DeVito of the cit of Melbourne
according to law,onmy oath, and under penalty Vf perjury, depose and say that:
a. | am Vice President of Operations
of the firm
the bidder making the Proposal for the project described in the Request for Proposals
for:: RemadiaMonofm6stu/e and miombia|-dom aged materials ot the Cudjma Key Fire Station located
at 22352 Overseas Highway,
and that | executed the said proposal with full authority todoso;
b. The prices in, this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating io such prices with any other bidder urwith any competitor; and
C. Unless otherwise required by |avv, the prices which have been quoted in this bid have
not been knowingly disclosed bv the bidder and will not knowingly be disclosed by the
bidder prior to bid open|ng, directly or Und|rect|y, to any other bidder mrtO any competitor;
and
d, No attempt has been made or will be made by the bidder to induce any other persum,
partnership or corporation to submit, or not to eubmit, a bid for the purpose of restricting
competition; and
e� The statements contained in this affidavit are true and onrneot, and made with full
knowledge that Monroe, County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
10/10/2023
(Signature OfPrmp6�6r) Robert Devito (Date)
Vice President ofOperations
STATE OF:
COUNTY OF: Brevard
Subscribed and sworn to (or affirmed) before me, bV means ofX physical presence or [] online
notarization, on (date) by Robert Devito —
(name 0faffi@nt). HG/&heispecaona||y known tonneorhas
produced (type of
identification) asidentification,
NOTARY POWC Margaret L. Wck
W4y commission expires: ~r1202z 14 (SEAL)
33
LOBBYING AND CONFLICT OF INTEREST' CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
EE&G Construction&Electrical, LLC
(Company)
warrants that he/she/it Ihas not employed, retained or otherwise had act on his/her/
its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990.
For breach or violation of this provision the County may, in its discretion, terminate this
Agreement without liability and may also, in its discretion, deduct from the Agreement or
purchase priice, or otherwise recover, the full amount of any fee, commission, percentage, gift,
or consideration paid to the former County officer or employee".
Q.�
(Signature) Robert DeVito,Vice President of Operations
Date:
STATE OF: Florida
COUNTY OF: Brevard
Subscribed and sworn to (or affirmed) before me, by means of Zphysical presence or El online
notarization, on October 10, 2023 (date) by Robert Devito
(name of affiant). He/� is-perscinally-known-to-me or has produced as identification.
(Type of identification)
Ulu
NOTA`RY OBLIC Margaret L. Quick
My commission expires: 4/2112025
(SEAL)
Notary Public State of Roncia
Notary L Ouick
My Commission HH 120174
Expires O4121�2025
E=:!]
34
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute, See. 287.087 hereby, certifies that:
EE&G Construction&Electrical, LLC
(Name of Business)
1. Publish a statement notifying employees that ti-e unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2, Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are Linder bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or noto contendere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after Such conviction.
5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if Such is available in the employee's community, for any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this Firm complies fully with the
above requirements.
Robert DeVito Proposer's Signature
10/10/2023
Date
STATE OF: Florida
COUN'ry OF: Brevard
Subscribed and sworn to (of-affirmed) before me, by means of FKI physical presence or 0 online
notarization, on ___ 10' 2'/10120 3 (date) by Robert DeVito
(name of affiant). He/_S-1:w_is per
has produced
(type of identification as i gntification,
t)A.A,�_A
Margai t L. NOTARY PUBLIC
09 Pu Notary Public State Of Florda
arel L Quick My Commission Expires:
MMi$Sion HH 12074
,)EX K' 4/21/2025
..................................
1)>,Df IN. Expires 041'2112025 .
35
PUBLIC ENTITY CRIME STATEMENT
"A person;, or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods
or services to a public entity, may not submit a bid, proposal, or reply on, a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list."
I have read the above and state that neither Robert DeVito
(Respondenit's name) nor any Affiliate has been placed on the convicted vendor list within the
last thirty-six(36) months,.
(Signature) ROber DeVito, Vice President of Operations
Date: 10/10/2023
STATE OF: Florida
COUNTY OF: Bmvard
Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online
notarization, on the loth, day of_artobpr
20 23 (date), by Robert pevito (name of affiant). He/-She is
personally known to me or has produced
(type of identification) as identification,
NOTARY PUBLIC Margaret L QW&
(SEAL)
My Commission Expires: 4/21/2025
lo'dl'
,,0 P%�, Notary Public Stag of Honda
Margarel L Quick
"".n HH 1201 74
m 1211 0
M Margaret Commission HH 120174
Expires:04/21/2:025
Of 0
36
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS,
Remediationnf moisture and microbial-damaged materials at the Cudjoe Key Fire
Project Deooh[tion(m): Station located at 22352 O Highway, Cudjoe Key, Florida 33042
Respondent Vendor Name:
Vendor FEft 86-1106610
Vendor's Authorized Representative Name and��e,- Robert DeVito,Vice President of Operations
Address: 14879 NE 20th Avenue
City: North Miami State: Zip: 33181
Phone Number Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, F|or�da Sta\mtes, or is engaged in a Boycott ofIsrael. Section 287.135. Florida
Gto1utes, also prohibits a company from bidding on, submitting e proposal for, or entering into or renewing
a contract for good or services of$1.008`000 or more, that are on either the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the |men Petroleum Energy Sector
Lists,which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in
Cuba orSyria.
As the person authorized to sign on behalf ofRespondent, | hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott iorme| Lied or engaged in a boycott of Usnye| and for Projects of$1.000.000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized CVmopam4es with Activities
in the Iran Petr6eum, Energy Sector List, or engaged in business operations in Cuba or Syria.
| understand that pursuant tn Section 287.135^ Florida Statutes, the submission ofa false certification
may subject company to civil penalties, attorney'a feea, and/or costs. i further understand that any
contract with the County may be bsnninated, at the option of the Cmunty, if the company is found to have
submitted e fa<me cortificafinn or has been placed on the Borufimized Companies that Boycott Israel List or
engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Uat or been engaged in
business operations in Cuba orSyria.
Certified By. RobertBeVho . who is authorized to sign
on behalf cf the above
Authorized Signature:
Print Name: Robert Devito
Tifle� Vigo President of Operatigns
Note: The List are smmi|ab|a at the following Department of Management Services Site:
37
DATE(MMIDD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
08/09/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Bellwether Insurance Group
NAME:
Bellwether Insurance Group,LLC HCNN. Ext: (954)800-6400 a/c,No): (954)935-7597
225 SE 15th Terrace E-MAIL certificates@BIGRiskManagement.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Deerfield Beach FL 33441 INSURERA: CRUM&FORSTER SPECIALTY INSURANCE 44520
INSURED INSURER B: Vantapro Specialty Insurance Co 44768
EE&G Construction&Electrical,LLC INSURERC: AMERICAN INTERSTATE INSURANCE COMPANY 31895
14879 NE 20th Ave INSURER D:
INSURER E:
N Miami FL 33181 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL2372704408 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 50,000
X Contractors Pollution Liability MED EXP(Any one person) $ 5,000
A X Ind Asbestos/Lead Ops Y EPK144869 08/18/2023 08/18/2024 PERSONAL&ADV INJURY $ 2,000,000
GEMLAGGREGATE LIMITAPPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ 2,000,000
PED ❑ LOC BY-_r --:t _ .,a.;,'' .'m PRODUCTS-COMP/OPAGG $ 2000000
POLICY �
X OTHER: Prof Liab-claims made DATE 8/1 j/2023 '"" Professional Liability $ 2,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
WAIVER N/A YES Ea accident
X ANYAUTO BODILY INJURY(Per person) $
B OWNED SCHEDULED Y 5087-1095-00 03/30/2023 03/30/2024 BODILY INJURY(Pe r accide nt) $
AUTOS ONLY AUTOS
X HIRED �/ NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY /� AUTOS ONLY Per accident
Uninsured motorist $ 100,000
UMBRELLA LIAB X 5,000,000
OCCUR EACH OCCURRENCE $
A EXCESS LAB CLAIMS-MADE Y EFX123456 08/18/2023 08/18/2024 AGGREGATE $ 5,000,000
DED I X1 RETENTION $ 25,000 $
WORKERS COMPENSATION X STATUTE EORH
AND EMPLOYERS'LIABI LI TY Y/N 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
C OFFICER/MEMBER EXCLUDED? N/A AVWCFL3169002023 03/25/2023 03/25/2024
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
M
Mold Ops-Claims Made Form old/Per Claim $1,000,000
A Bailees Coverage EPK140744 08/18/2023 08/18/2024 Mold Aggregate $2,000,000
Bailees Coverage $500,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Re:All projects done during the Captioned Policy term.
Monroe County BOCC is Additional Insured with respect to General Liability and Auto Liability
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton St
AUTHORIZED REPRESENTATIVE
/ r
Key West FL 33040 -
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
2023. FLQR1QA,,,LtM,IT ,P LIABILITY COMPANYANNUAL I EP :T FILED
DOCUMENT# L04000039405 Mar 09, 2023
Entity Name: EE&G CONSTRUCTION & ELECTRICAL, LLC Secretary of State
7856352988CC
Current Principal Place of Business:
5751 MIAMI LAKES DRIVE
MIAMI LAKES, FL 33014
Current Mailing Address:
5751 MIAMI LAKES DRIVE
MIAMI LAKES, FL 33014 US
FEI Number: 86-1106610 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301-2525 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Authorized Person(s) Detail
Title MANAGER Title MEMBER
Name WOODS,ADRIAN Name SCHAMBACH,DONALD
Address 5751 MIAMI LAKES DRIVE Address 5751 MIAMI LAKES DRIVE
City-State-Zip: MIAMI LAKES FL 33014 City-State-Zip: MIAMI LAKES FL 33014
Title MEMBER Title MEMBER
Name GIPE,TIMOTHY R. Name SMITH, KIRK
Address 5751 MIAMI LAKES DRIVE Address 5751 MIAMI LAKES DRIVE
City-State-Zip: MIAMI LAKES FL 33014 City-State-Zip: MIAMI LAKES FL 33014
Title MEMBER Title AUTHORIZED PERSON
Name DEVITO, ROBERT Name MORALES,ERIKA
Address 5751 MIAMI LAKES DRIVE Address 5751 MIAMI LAKES DRIVE
City-State-Zip: MIAMI LAKES FL 33014 City-State-Zip: MIAMI LAKES FL 33014
1 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath;that 1 am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and
that my name appears above,or on an attachment with all other like empowered.
SIGNATURE:ERIKA MORALES AUTHORIZED PERSON 03/09/2023
Electronic Signature of Signing Authorized Person(s)Detail Date
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Licensee Information
Ippt y for a CJc;ewn:se Name: EE&G CONSTRUCTION & ELECTRICAL
Vr,riftr r LLC (Primary Name)
DONALD ANTHONY SCHAMBACH JR(DBA
View Foocl & Il..csctgi ng a nst,ec,fucsirrs Name)
Main Address: 5751 MIAMI LAKES DRIVE
dune Cc,irroiuuau u,t HIALEAH Florida 33014
Crsnbi'nuwing h:�:.chv,a:,tion Course County: DADE
So asirch
Vuew Ctlsltullilc;ation Status License Information
Find Exa,nrn Informanhcau.n License Type: Asbestos Business
Rank: Asbsts Business
Uirnli°ic ei nsc,cl Activity Search License Number: ZA390
B&T 6:tO! ncta,ueunt Vuivoic e&Activity Status: Current
Ust,Seaarc h Licensure Date: 04/29/2008
Expires: 11/30/2023
Special Qualification Effective
Qualifications
Alternate Names
View in Vate d ILicense IInformation
View I....'ic e n.:e Complaint
2601 Blair Stone Road,Tallahassee FL 32399:: Email: Customer Contact Center::Customer Contact Center: 850.487.1395
The State of Florida is an AA/EEO employer,Copyright 2007-2010 State of Florida.Privacy Statement
Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do
not send electronic mail to this entity. Instead,contact the office by phone or by traditional mail.If you have any questions,please contact
850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must
provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee.
However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email
address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change.
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I I 111NE SERVICES LICENSEE "'FAILS 9:45:45AM 811112023
Licensee Information
AID,priy k)r a L.ic a u lis(I Name: EVANS, CHARLES CARROLL(Primary Name)
Vel f�'r � I " "'` " EE&G CONSTRUCTION &ELECTRICAL
LLC (DBA Name)
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Main Address: 5751 MIAMI LAKES DRIVE EAST
h:olr,a t::rarrritaha np: MIAMI LAKES Florida 33014
County: DADE
Coritiinuauou+l IiEdu„caat:ion Courawao
Search
License Information
Vr:w Ajppflcadoi n Sgrrfl:a~srvn _
License Type: Construction Financial Officer
V loom II1::: sx uiin giafa•nnnaall:l'on Rank: Fin Officer
Uniicen o<e(J Aa twity ?"eaairc h License Number: FR02085
Status: Current
/III &1 IDr;hnqu.ar na grnasrr ce ay Acfivity Licensure Date: 09/21/2005
q...os Search
Expires:
Special Qualification Effective
Qualifications
Alternate Names
View Related I...icense Information
View I....icense Complaint
2601 Blair Stone Road,Tallahassee FL 32399:: Email:Customer Contact Center::Customer Contact Center: 850.487.1395
The State of Florida is an AA/EEO employer.Copyright 2007-2010 State of Florida.Privacy Statement
Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do
not send electronk.,.mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions,please contact
850.487.1395."Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must
provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee.
However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email
address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change.
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°�°J ^ BUSINESS TAX RECIEPT
Town of Miami Lakes
EXPIRES
THIS IS NOT A BILL- DO NOT PAY Sq:T'tei'n q:Nr 30, 02
License Number: 2754 BUSINESS NAME /LOCATION
Issued: 10/15/2013 EE&G CONSTRUCTION& ELECTRICAL, LLC
TIMOTHY GIPE
5751 E MIAMI LAKES DR EAST
LICENSE TYPE Miami Lakes,FL 33016
CONTRACTOR SPECIALTY
This business tax receipt does not permit the holder to operate in violation of any City law,ordinance or regulation. Any change in location or ownership must be
approved by the City Business Tax Section,subject to zoning restrictions. This Receipt does not constitute an endorsement,approval or disapproval of the holder's skill
or competence or of the compliance or noncompliance of the holder with other laws,regulations or standards.
F(ECE111PT M0 wT BE CON SPII0.M0 111 Y[ll SP111 AYII';I11)I11N YO4 F'C P111.ACE OF 0'i 111NE,S S
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Ruddy Farias
2652 NW 31st Ave,
Fort Lauderdale, FL 33311
786-424-7625
September 13, 2023
Subject: Mold Remediation and Drywall Replacement Proposal
Dear Chrissy Collins,
I am writing to propose a comprehensive solution for the remediation of mold and the replacement of
damaged drywall in your property, located at 22352 Overseas Highway. Our team Decon Enviromental is
dedicated to providing professional, efficient, and effective services to ensure the restoration and safety
of your property.
1. Remediation Plan:
Based on the assessment results,we will develop a detailed remediation plan tailored to your property's
specific needs.This plan will outline:
- Isolation of affected areas to prevent cross-contamination.
-Safe removal and disposal of contaminated materials.
-Application of environmentally-friendly, industry-standard mold remediation techniques.
- Post-remediation air quality testing to ensure the elimination of mold spores.
2. Drywall Replacement:
After successful mold remediation, we will proceed with the drywall replacement phase, including:
- Removing and disposing of damaged drywall.
- Installing new drywall to restore the structural integrity of affected areas.
-Taping, mudding, and sanding to achieve a smooth finish.
3. Quality Assurance:
We are committed to delivering the highest quality workmanship.To ensure your complete satisfaction,
we will:
-Conduct a final inspection to verify the successful remediation and drywall replacement.
- Provide you with documentation, including before and after photos and air quality test results.
-Offer a warranty on our services to guarantee your peace of mind.
4.Timelines and Costs:
Remediation and Drywall Replacement(Lump Sum) $34,320.00
5. Compliance and Safety:
Our team adheres to all relevant safety and environmental regulations and will take the necessary
precautions to protect your property and its occupants during the entire process.
6. Client Communication:
We believe in open and transparent communication.Throughout the project,you will receive regular
updates on our progress and be able to reach out to our project manager for any inquiries or concerns.
7. Conclusion:
Choosing Decon Environmental for your mold remediation and drywall replacement needs means
selecting a trusted partner committed to the highest industry standards and client satisfaction.
We would be delighted to discuss this proposal in more detail and answer any questions you may have.
Please feel free to contact me at(786)424-7625 or Rfarrias@DeconEnviromental.com.
Thank you for considering our proposal.We look forward to the opportunity to restore your property to
its safe and beautiful condition.
Sincerely,
Ruddy Farias
Project Manager
Decon Environmental