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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 W.. 'u � w�, �„� Ytarrfsrt�„ ��nt�snC55 17 i �� � dr�P sC�,� nri9 ai fl'u' 7�sldhcn IH01ME CONTACT US 14 1,,,,.111 1;;;; SERVICI1:..:.;5 LICENSEE DETAII,,,.S 9.44:38AM 8/1112023 Licensee Information Ippt y for a CJc;ewn:se Name: EE&G CONSTRUCTION & ELECTRICAL Vr,riftr r LLC (Primary Name) DONALD ANTHONY SCHAMBACH JR(DBA View Foocl & Il..csctgi ng a nst,ec,fucsirrs Name) Main Address: 5751 MIAMI LAKES DRIVE dune Cc,irroiuuau u,t HIALEAH Florida 33014 Crsnbi'nuwing h:�:.chv,a:,tion Course County: DADE So asirch Vuew Ctlsltullilc;ation Status License Information Find Exa,nrn Informanhcau.n License Type: Asbestos Business Rank: Asbsts Business Uirnli°ic ei nsc,cl Activity Search License Number: ZA390 B&T 6:tO! ncta,ueunt Vuivoic e&Activity Status: Current Ust,Seaarc h Licensure Date: 04/29/2008 Expires: 11/30/2023 Special Qualification Effective Qualifications Alternate Names View in Vate d ILicense IInformation View I....'ic e n.:e Complaint 2601 Blair Stone Road,Tallahassee FL 32399:: Email: Customer Contact Center::Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer,Copyright 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity. Instead,contact the office by phone or by traditional mail.If you have any questions,please contact 850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change. fir, dbprar, i r i� I s�if Businesss�' G II tl IIBdVlllii: CONTACT U5 i¢a ai+ii 1V RegulatiC I I 111NE SERVICES LICENSEE "'FAILS 9:45:45AM 811112023 Licensee Information AID,priy k)r a L.ic a u lis(I Name: EVANS, CHARLES CARROLL(Primary Name) Vel f�'r � I " "'` " EE&G CONSTRUCTION &ELECTRICAL LLC (DBA Name) \t"Ir�,w p aar�uP:J �� q r�aaV�gfimrap giasI�rrc:;�:ur:yo�aaa Main Address: 5751 MIAMI LAKES DRIVE EAST h:olr,a t::rarrritaha np: MIAMI LAKES Florida 33014 County: DADE Coritiinuauou+l IiEdu„caat:ion Courawao Search License Information Vr:w Ajppflcadoi n Sgrrfl:a~srvn _ License Type: Construction Financial Officer V loom II1::: sx uiin giafa•nnnaall:l'on Rank: Fin Officer Uniicen o<e(J Aa twity ?"eaairc h License Number: FR02085 Status: Current /III &1 IDr;hnqu.ar na grnasrr ce ay Acfivity Licensure Date: 09/21/2005 q...os Search Expires: Special Qualification Effective Qualifications Alternate Names View Related I...icense Information View I....icense Complaint 2601 Blair Stone Road,Tallahassee FL 32399:: Email:Customer Contact Center::Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer.Copyright 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronk.,.mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions,please contact 850.487.1395."Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, °�°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. 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I 70 ��'�' IIIIIIIIII IIIIIIIIIIIIIIIIIIIIII Z O a--; 217 E u O D _N N W cn Q +� V W W W N J N O cq cn 0 W F�m�i r jr f r / CV Y � N (U MLL LLI LLI // j A / �%%�J/1 ` y ,I1�^i j/ 4 �j� tuff.,, Jai � Ij�ii�// �i�J tom' W � L 0 L Iril 4- LL +� u O LL J %%% % �ROME _ �, o LU i/I r i r k I(� �r 11 r 1� , %j rri �i W n r f 1 % r i�ioorrllC/oi a r «/ /� r Ci '/ rG 1 J r // rJ %/ n a / / ���� ii/« to � L Q 'i r U/ i ' Z O O 7 mg •/I � W 7��� 1 r � �i i rr i r ✓im///Oi •— A /+�lj— ; 0 � N N —� LLI U) w Q V) Z °�,° O Z � W Q a V u_ 0 w H = N o 4 ~ T 0 � W H 0 � 0 �n Mgl 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