01/29/2024 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT,SUMMARY FORM FOR CONTRACTS $100,000.00 and Under
Contract with- SportSurfaces,LLC
Effective Date:
Expiration Date:
Contract Purpose/Description:
Repair Plckleball and Tennis,courts at Higgs Beach Parklde due to damage sustained by Hurricane Ian,
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: John Allen Parks & Beaches
CONTRACT COSTS
Total Dollar Value of Contract: $ 0,000 00 Current Year Portion: $ 607004 00
(must be$100,000.00 or less) (If multiyear agreement then
requires BOCC approval,unless the
wwIC11111117k16vcunlolinM iS
WO llr loss}.
Budgeted? Yes❑ No ❑
Chant: $57,000.00(90%FEMA 5%FDEM) County Match: $ 3,€00
Fund/Cost Center/Spend Category: 125-045ql1 sc 00062'GNT-22;4282'
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For: Repair Pickleball and Tennis courts at Higgs Beach Parkside
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES 0 NO ❑
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: John Allen Digitallysignedby John All
Date: 20:2024.01.26 11: 50-0-OS'00'
Nathalia M.Archer Digitally signed by"athalia M.Archer
County Attorney Signature: Date:2024.012814:45:41-05'00'
Risk Management Signature: Jaclyn Flatt Digitally signedby Jaclyn Batt
}�� 1 Date:2024.01.2914:55:43-05'00'
Purchasing Signature. Julie E. Cuneo Digitallysignedby Julie Cuneo
l� Date:2024.01.24 10:44:3-05'00'
John Quinn Digitally signed by John Quinn
OMB Signature: Date:2024.01.29 15:08:10-05'00'
Comments:
Revised BOCC 4/19/2023
Page 84 of 105
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR SERVICES
FOR
HIGGS BEACH PARK PICKLEBALL AND
TENNIS COURTS REPAIRS
NON-MANDATORY/ Pre-bid Job Walk for the Higgs Beach Park Pickleball and
Tennis Courts Repairs, shall be held at the jobsite 1000 Atlantic Blvd, Key
West, FL 33040 on 12/20/2023 at 12:00 pm
BOARD OF COUNTY COMMISSIONERS
Mayor Holly Merrill Raschein, District 5
Mayor Pro Tern James K. Scholl, District 3
Craig Cates, District 1
Michelle Lincoln, District 2
David Rice, District 4
COUNTY ADMINISTRATOR
Roman Gastesi
Clerk of the Circuit Court Parks and Beaches Director
Kevin Madok John Allen
December 2023
PREPARED BY:
Monroe County Parks and Beaches Department
Page 1 of 61
Monroe County Parks and Beaches
Date: 12/12/2023
Scope of Work Resurfacing of Pickleball and Tennis courts at Higgs Beach Park.
Resurfacing of the courts includes preparing the existing court
surface, power washing, repairing cracks, leveling depressions,
new striping, per the project specifications and contract
documents. Work required under this solicitation includes
supplying all materials and labor for the resurfacing of the tennis
courts.
Job Name: Higgs Beach Park Pickleball and Tennis Court— Hurricane Ian
Repairs
Job Location: Higgs Beach Park
1000 Atlantic Boulevard
Key West, Florida 33040
Contact: Parks & Beaches
John Allen
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PROJECT OVERVIEW
PROJECT INTENT AND SCOPE
GENERAL REQUIREMENTS
1. Project Overview
a. This is a Hurricane Ian repair project which may be eligible for reimbursement
by the Federal Emergency Management Agency (FEMA). Therefore, the scope
of this project is limited to replacement of hurricane-damaged items, such as
the netting and equipment, to pre-damage configuration and like-for-like
materials.
b. A non-mandatory job walk is scheduled for 12/20/2023 at 12:00 p.m. at the
jobsite. All Quotes are due by 01/04/2024, at 3:00 p.m. via email to Parks-
AP@monroecounty-fl.gov.
2. Project Intent and Scope
Page 2 of 61
Scope of Work:
The Contractor shall provide the following Scope of Work and provide all labor and
materials to prepare existing court surfaces, repair existing cracks, level depressions
and birdbaths, resurface courts with an approved acrylic resurfacer, apply appropriate
coating and striping for tennis courts, pickleball courts, and multi-use courts. See
Exhibit "B".
The contractor shall:
COURT RESURFACING:
1. Prepare the Courts:
a. Remove nets, posts, and other furniture.
b. Scrape and clean entire court surface area including removing debris and/or
vegetation from all structural cracks and around fence post footers. All loose
dirt debris shall be cleaned from the court surface utilizing hand brooms, no air
blowing equipment shall be utilized.
c. The entire court area including any cracks down to the stone layer shall be
cleaned by using an industrial grade hot water pressure wash system to remove
stains, loose paint, and other contaminants from the surface and crack areas.
NOTE: After removing all debris and dirt from the cracks and using the pressure
washer to thoroughly clean out the cracks, allow 24 to 48 hours without any rain
for the cracks to dry out before filling them.
2. Crack Repair and Leveling:
a. Fill all cracks large enough to accept the edge of a nickel within the tennis court
playing area with crack patch. The mixing and application of all materials to be
used for sealing the cracks shall be performed in accordance with
manufacturer's latest written specifications. Any excess compound on the
surface of tennis courts shall be removed immediately. Sufficient compound
shall be applied into cracks, so that upon completion of the stated work, the
surface of the compound will be flush with the existing tennis court surface. If
the compound subsides to a level below the surface of the court, addition
application(s) shall be made immediately after settling and curing of the
compound from the previous application. All repairs needed to be sanded down
and surface area cleaned prior to installation of crack repair system.
b. Crack patch material shall be high strength acrylic cement modifier designed
for filling cracks and shall conform to the latest specifications distributed by the
approved companies listed on EXHIBIT "C".
c. Depressions holding enough water to cover a nickel shall be filled with a leveling
compound. The Contractor shall flood all the courts and shall vacuum up the
water so no water drains outside of the tennis courts. Define and mark all area
holding enough water to cover a nickel. After defined areas are dry, prime with
Page 3 of 61
tack coat mixture of 2 parts water to 1 part patch binder. Allow tact coat to dry
completely. Spread patch binder true to grade using a straight edge (never a
squeegee). Steel trowel or wood float the patch so that the texture matches the
surrounding area. Never add water to the mix, however light misting on surface
and edges to feather in is allowed as needed to maintain workability. Allow to
dry thoroughly and cure. Sand and smooth area of all rough textures, and recoat
according to manufacturer's latest instructions.
d. Leveling compound shall be acrylic leveling compound mixed onsite in
accordance with the latest specifications distributed by the approved companies
listed on EXHIBIT "C".
e. Install Riteway crack repair, or approved equal over structural cracks within the
play area in accordance with latest specifications distributed by the approved
companies listed on EXHIBIT "C". Structural cracks are cracks which penetrate
into the pavement often occurring in long straight or irregular lines. NOTE:
Contractor shall be an authorized installer of selected repair product.
3. Adhesion Promoter:
a. Apply adhesion promoter over entire concrete surface in accordance with the
latest specifications distributed by the approved companies on EXHIBIT "C".
4. Acrylic Resurfacer:
a. Apply resurfacer course to provide smooth underlayment for application of color
coating.
i. Apply 1 coat on existing surfaces with minimal repairs.
ii. Apply 2 coats on existing acrylic surfaces with extensive cracks or low
spot repair.
b. The resurfacer shall be mixed to provide a consistent homogenous mixture. It
shall be applied to the entire court area using a 30-inch rubber-tipped squeegee.
After each application has cured, any ridges shall be removed scrapers.
c. Resurfacer shall be an acrylic resurfacer for tennis courts that conforms to the
latest specifications as distributed by the approved companies listed on
EXHIBIT "C".
5. Color Coating:
a. Apply 2 coats of color coating to prepared surfaces in accordance with the
manufacturer's latest instructions. The court area colors shall be coordinated
with the approval of the Director of Parks and Beaches. Contractor shall furnish
color swatches to owner for approval prior to ordering color coating. See Exhibit
"B" for painting configuration of courts.
b. Each coat shall be thoroughly dry before applying the next coat. The entire
surface shall be checked for bumps and ridges and the entire area shall be
scraped smooth and the surface cleaned of loose debris between each
application.
c. Color coating system shall conform to the latest specifications as distributed by
the approval companies listed on EXHIBIT "C".
6. Playing Lines:
Page 4 of 61
a. After the final application of color coating has thoroughly dried, 2-inch-wide
white playing lines shall be accurately laid out, taped, and hand painted with
white marking paint. Ragged lines will not be accepted. Tennis court line
orientation shall match existing layout. The playing lines shall be installed in
accordance with the regulations of the U.S Tennis Association and USA
Pickleball, See Exhibit "B" for typical striping plans.
b. White line paint shall conform to the latest specifications as distributed by the
approved companies listed on EXHIBIT "C".
7. Install Nets:
a. New nets and poles shall be installed on the pickleball courts and tennis courts
1, 2 and 3 according to the specifications set forth in the regulations of the U.S.
Tennis Association and USA Pickleball. Permanent netting will not be installed
on Tennis Court 4.
8. Finishing:
a. Remove all containers and other debris from the site.
b. After a minimum of 24 hours curing time after curing time after last application
of paint, install all net, posts and other furniture.
3. General Requirements
A) The Contractor shall coordinate all activities with the Monroe County Parks and
Beaches Department. Contact: John Allen 786-847-3358
B) The Contractor is required to provide protection for all existing surfaces including,
but not limited to:
i. Existing fencing.
ii. Infrastructure.
iii. Vehicles and Personal Property.
iv. Landscaping.
C) The Contractor shall ensure that all non-exempt employees for this effort are
compensated in accordance with all State and Local Laws.
D) The Contractor shall load, haul, and properly dispose of all construction debris and
materials. Disposal tickets shall be submitted to the County Project Manager for
submission to FEMA. If not included on the disposal ticket, the Contractor must
also provide the name of the Deposit site, the ID Number of deposit site, and
Permits relating to deposit location. If any type of fill is used, the Contractor must
provide the name, address, and permit information for the source(s) of the fill
material utilized. The Contractor must also note if the fill was obtained from a
commercial source, regularly maintained stockpile, or borrow pit. If borrow pits or
stockpiles were utilized, verification must be provided that they were not expanded
Page 5 of 61
horizontally into undisturbed areas. Due to the ground disturbance, the Contractor
shall provide the County with the length, width, and depth of the area that is dug
up. If the area is a circle, then the diameter and depth of the hole shall be provided.
The County must also be notified if the hole is outside of the existing footprint,
whether there was any vegetation removal and, if so, how it was placed back.
E) The Contractor shall provide and maintain appropriate (OSHA required)
construction warning signs and barriers.
F) The Contractor shall furnish all required work site safety equipment.
G) The Contractor shall furnish and maintain on-site material safety data sheets
(MSDS) for all materials used in the construction.
H) Construction work times shall be limited to: 8.00 A.M. to 5.00 P.M. Monday-Friday.
1) All materials must be approved by submittal prior to commencement of work.
J) The Contractor shall provide a lump sum price by Thursday, January 4, 2024, at
3:00 p.m., via email Parks-AP@monroecounty-fl.gov.
K) The Contractor needs to be aware of weather and location and plan accordingly.
L) The Contractor needs to be aware of the facility, its residents, and staff with
unusual schedules and plan accordingly.
M) The Contractor shall provide a safety lift plan for any crane/hoist work.
N) If applicable, Contractor shall provide paper or electronic copies of all original
device specifications, warranties, maintenance schedules, shop drawings,
permits, repair and maintenance contacts, and any other information necessary
for the proper function and maintenance of the equipment.
O) The Contractor shall provide a schedule for all phases of the project.
P) The Contractor shall coordinate all activities with concurrent site work being
performed, if any.
Q) Insurance Requirements:
Workers Compensation Statutory Limits
Employers' Liability $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
General Liability $200,000 per Person
Page 6 of 61
$300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
Vehicle: $200,000 per Person
(Owned, non-owned, $300,000 per Occurrence
and hired vehicles) $200,000 Property Damage
or
$300,000 Combined Single Limit
Builders Risk Not Required
Construction Bond Not Required
The Monroe County Board of County Commissioners shall be named as
Certificate Holder and Additional Insured on General Liability and Vehicle policies.
R) The Contractor is required to have all current licenses necessary to perform the
work and shall submit the Contractor's License and Monroe County Business Tax
Receipt, and City of Key West Business Tax Receipt, if applicable, along with its
Proposal. If the Contractor is not a current registered Monroe County Vendor, then
it shall also submit a properly completed and executed W-9 Form.
S) 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 and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death),
loss, damage, fine, penalty or business interruption, and (iii)any costs or expenses
that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of 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 3 Q. herein. Insofar as the claims, actions, causes of action, litigation,
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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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the Agency, the State of Florida, Department of Emergency
Management, 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
State of Florida and the (County) Agency's sovereign immunity.
T) 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.
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U) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR
EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it
has not employed, retained or otherwise had act on his/hers/its behalf any former
County officer or employee in violation of Section 2-149, Monroe County Code of
Ordinances or any County officer or employee in violation of Section 2-150,
Monroe County Code of Ordinances. For breach or violation of this provision the
County may, in its discretion, terminate this Agreement without liability pursuant to
Subsection 2-152(a), Monroe County Code of Ordinances 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 pursuant to Subsection 2-152(b), Monroe
County Code of Ordinances.
V) CODE OF ETHICS. 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.
W) DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies
that the contractor complies fully with, and in accordance with the requirements of
Section 287.087, Florida Statutes, as follows:
i. 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.
ii. 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.
iii. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (i).
iv. In the statement specified in subsection (i), notify the employees that, as a
condition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law
of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
v. 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.
vi. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
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ADDITIONAL CONTRACT PROVISIONS
1) 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 and County agrees to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title 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; 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, 129357 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, ¶ C, agrees as follows:
Page 10 of 61
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.
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
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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 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.
II) Termination.
A. In the event that the Contractor shall be found to be negligent in any aspect of
service, the County shall have the right to terminate this agreement after five (5)
days' written notification to the Contractor.
B. Either of the parties hereto may cancel this Agreement without cause by giving
the other party sixty (60) days' written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract
terms, the County retains the right to terminate this Agreement. The County may
also terminate this agreement for cause with Contractor should the Contractor
fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination, prior to termination, the
County shall provide Contractor with five (5) calendar days' notice and provide
the Contractor with an opportunity to cure the breach that has occurred. If the
breach is not cured, the Agreement will be terminated for cause. If the County
terminates this agreement with the Contractor, County shall pay Contractor the
sum due the Contractor under this agreement prior to termination, unless the
cost of completion to the County exceeds the funds remaining in the contract;
however, the County reserves the right to assert and seek an offset for damages
Page 12 of 61
caused by the breach. The maximum amount due to Contractor shall not in any
event exceed the spending cap in this Agreement. In addition, the County
reserves all rights available to recoup monies paid under this Agreement,
including the right to sue for breach of contract and including the right to pursue
a claim for violation of the County's False Claims Ordinance, located at Section
2-721 et al. of the Monroe County Code.
D. Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty (30) days' notice to Contractor. If the
County terminates this agreement with the Contractor, County shall pay
Contractor the sum due the Contractor under this agreement prior to
termination, unless the cost of completion to the County exceeds the funds
remaining in the contract. The maximum amount due to Contractor shall not
exceed the spending cap in this Agreement. In addition, the County reserves all
rights available to recoup monies paid under this Agreement, including the right
to sue for breach of contract and including the right to pursue a claim for violation
of the County's False Claims Ordinance, located at Article IX, Section 2-721 et
al. of the Monroe County Code.
E. Scrutinized Companies:
For Contracts of any amount, if the County determines that the
Contractor/Consultant 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.
III) 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 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 §200.334,
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.
IV) 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;
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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 an auditor employed by the County or Clerk determines
that monies paid to Contractor pursuant to this Agreement were spent for purposes
not authorized by this Agreement, or were wrongfully retained by the Contractor,
the Contractor shall repay the monies together with interest calculated pursuant to
Section 55.03, Florida Statutes, running from the date the monies were paid to
Contractor. The right to audit provisions survive the termination or expiration of this
Agreement.
V) Payment of Fees / Invoices.
County shall pay pursuant to the Florida Local Government Prompt Payment Act,
Section 218.70, Florida Statute, upon receipt of a Proper Invoice from the
Contractor. Payments due and unpaid under the Contract shall bear interest
pursuant to the Florida Local Government Prompt Payment Act.
The Contractor is to submit to the County invoices with supporting documentation
that are acceptable to the Clerk. 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.
VI) Public Access.
The Contractor and County shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters, or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the Contractor and County in connection with this Agreement;
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and the County shall have the right to unilaterally cancel this Agreement upon
violation of this provision by Contractor.
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 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 Section 119.0701, Florida Statutes, and the terms and conditions of
this contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the 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
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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(&-MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE, 1111 12T" Street, SUITE 408, KEY
WEST, FL 33040.
VII. E-Verify System
Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes,
the Contractor and any subcontractor shall register with and shall utilize the U.S.
Department 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 Section 448.095, Florida
Statutes.
VIII)Notice Requirement.
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
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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: Sport Surfaces LLC
7011 Wilson Road
West Palm Beach FI 33413
For Owner:
Director of Parks and Beaches Assistant County Administrator, PW& E
102050 Overseas Hwy, Suite 213 1100 Simonton Street
Key Largo, Florida 33037 Key West, Florida 33040
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, Florida 33040
IX) 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 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 Owners Representative may
determine.
X) Adjudication of Disputes or Disagreements.
Page 17 of 61
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 Sections I,
Nondiscrimination, or Section II, concerning termination or cancellation or any of
the Federal Contract Requirements.
FEDERAL CONTRACT REQUIREMENTS
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. $$7401-7671g.) and the Federal Water Pollution
Control Act (33 U.S.C. $$1251-1387). CONTRACTOR agrees to comply with all
applicable standards, orders, or regulations issued pursuant to the Clean Air
Act, as amended, (42 U.S.C. §§7401-7671q) and the Federal Water Pollution
Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to
FEMA 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 FEMA. The
Contractor agrees to report each violation to the COUNTY, understands, and
agrees that the COUNTY will, in turn, report each violation as required to assure
notification to FEMA and the appropriate EPA Regional Office.
B) Contract Work Hours and Safety Standards Act (40 U.S.C. $$3701-3708).
Where applicable, which includes all FEMA grant and cooperative agreement
programs, all contracts awarded by the County in excess of $100,000 that
involve the employment of mechanics or laborers must comply with 40 U.S.C.
M3702 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.
Page 18 of 61
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 hours in such
workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages, liquidated damages. In the
event of any violation of the clause set forth in Paragraph (b)(1) of
this section, the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or
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 (b)(1) of this section, in the sum of$27 for each calendar
day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in Paragraph
(b)(1) 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 be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in Paragraph (b)(2) of 29 C.F.R.
§5.5.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs
(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 29 C.F.R.
§5.5, Paragraphs (1) through (4).
Page 19 of 61
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 implement Executive Orders 12549 (3 C.F.R. Part 1986 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
(Nonprocurement Debarment and suspension). SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549. SAM exclusions can be accessed at
.........:.... . r.r.]..:.„ ov. Contractor is required to verify that none of the contractor's
principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R.
§180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined
at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to
comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by the County.
If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to
the County, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment. Bidders or Proposers agree to
comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. Pt.
3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The Bidder or Proposer further agrees to include
a provision requiring such compliance in its lower tier covered transactions.
E) Byrd Anti-Lobbying Amendment (31 U.S.C. $1352). Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying
Page 20 of 61
with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the
recipient who in turn will forward the certification(s) to the awarding agency. If
the award exceeds $100,000, the attached certification must be signed and
submitted by the Contractor to the County.
F) Compliance with Procurement of Recovered Materials as set forth in 2 CFR
200.322. The Contractor must comply with Section 6002 of the Solid Waste
Disposal Act, as amended, by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247
that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement
of recovered materials identified in the EPA guidelines. In the performance of
this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA-designated items unless the product cannot
be acquired —
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines website,
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The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
G) Prohibition on certain telecommunications and video surveillance services or
equipment as set forth in 2 CFR $ 200.216. Recipients and subrecipients and
their contractors and subcontractors may not obligate or expend any federal
funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or
obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or
obtain equipment services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system,
or as critical technology as part of any system. As described in Public Law 115-
2327 Section 8897 covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities):
Page 21 of 61
(i) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced
by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities
or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced
or provided by an entity that the Secretary of Defense, in consultation with
the Director of the National Intelligence or the Director 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) Davis-Bacon Act, as amended (40 U.S.C. $$3141-3148). When required by
Federal program legislation, which includes emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit
Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program and Transit Security Grant Program, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities
must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate
not less than the prevailing wages specified in a wage determination made by
the Secretary of Labor. In addition, contractors must be required to pay wages
not less than once a week. If applicable, the COUNTY must place a current
prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned
Page 22 of 61
upon the acceptance of the wage determination. The COUNTY must report all
suspected or reported violations to the Federal awarding agency.
When required by Federal program legislation, which includes emergency
Management Preparedness Grant Program, Homeland Security Grant
Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program (it
does not apply to other FEMA grant and cooperative agreement programs,
including the Public Assistance Program), the contractors, in contracts for
construction or repair work above $2,000 in situations where the Davis-Bacon
also applies, must also comply with the Copeland "Anti-Kickback"Act (40 U.S.C.
§ 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States"). As required by
the Act, each contractor or subrecipient is prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he or she is otherwise
entitled. The COUNTY must report all suspected or reported violations to the
Federal awarding agency.
(1) Contracts. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which
are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
Additionally, in accordance with the regulation, each contractor and
subcontractor must furnish each week a statement with respect to the wages
paid each of its employees engaged in work covered by the Copeland Anti-
Kickback Act and the Davis Bacon Act during the preceding weekly payroll
period. The report shall be delivered by the contractor or subcontractor, within
seven days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at the site of the building
or work.
Other Federal Requirements
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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) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy
of the County that DBE's, as defined in 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.
Page 24 of 61
(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) E-Verify System.
Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes,
the Contractor and any subcontractor shall register with and shall utilize the U.S.
Department 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 Section 448.095, Florida
Statutes.
Additional FEMA Requirements:
A) Access to Records. Contractor and its successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions
governing the Department of Homeland Security (DHS) and the Federal
Emergency Management Agency's (FEMA) access to records, accounts,
documents, information, facilities and staff. Contractors must: (1) Cooperate with
any compliance review or complaint investigation conducted by DHS; (2) Give
DHS access to and the right to examine and copy records, accounts, and other
documents and sources of information related to the grant and permit access to
facilities, personnel, and other individuals and information as may be necessary,
as required by DHS regulations and other applicable laws or program guidance;
and (3) Submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate backup documentation to support the reports.
B) DHS Seal, Logo and Flags: Contractor shall not use the Department of Homeland
Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency
officials without specific FEMA pre-approval. The Contractor shall include this
provision in any subcontracts.
C) 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.
D) Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance may be used to fund all or a
portion of the contract. The contractor will comply will all applicable Federal Law,
Page 25 of 61
regulations, executive orders, FEMA policies, procedures, and directives.
E) No Obligation by Federal Government. The Federal Government is not a party to
this contract and is not subject to any obligations or liabilities to the COUNTY/non-
Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
F) Program Fraud and False or Fraudulent Statements or Related Acts. The
contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to the Contractor's actions pertaining to this
contract. The Contractor understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and
penalties, debarment from participating in federal awards or contracts, and/or any
other remedy.
Florida Department of Emergency Management Requirements
A) The Contractor is bound by the terms and conditions of the Federally-Funded
Subaward and Grant Agreement between County and the Florida Division of
Emergency Management (Division) found at the following link on the Monroe
Count web a e: Irr s://r r r .rrnoi iroeacoui fll. o�/IC:::�11::::Z 4673 Monroe Count
Y p g ,,,,,,,,,,,,,,,,,,p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,,,,,,q,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,........................,,y
Aq„ire errneant
B) The Contractor shall hold the Division and County harmless against all claims of
whatever nature arising out of the Contractor's performance of work under this
Agreement, to the extent allowed and required by law.
Page 26 of 61
PROPOSAL FORM
PROPOSAL TO: Monroe County Parks and Beaches
102050 Overseas Hwy
Key Largo, FL 33037
PROPOSAL FROM: Sport Surfaces LLC
7011 Wilson Road
West Palm Beach FI 33413
The undersigned, having carefully examined the Work and reference Drawings,
Specifications, Proposal, and Addenda thereto and other Contract Documents for the
construction of:
HIGGS BEACH PARK PICKLEBALL AND TENNIS COURTS REPAIRS
and having carefully examined the site where the Work is to be performed, having
become familiar with all local conditions including labor affecting the cost thereof, and
having familiarized himself with material availability, Federal, State, and Local laws,
ordinances, rules and regulations affecting performance of the Work, does hereby
propose to furnish all labor, mechanics, superintendents, tools, material, equipment,
transportation services, and all incidentals necessary to perform and complete said
Work and work incidental hereto, in a workman-like manner, in conformance with said
Drawings, Specifications, and other Contract Documents including Addenda issued
thereto.
The undersigned further certifies that he/she has personally inspected the actual
location of where the Work is to be performed, together with the local sources of supply
and that he/she understands the conditions under which the Work is to be performed.
The proposer shall assume the risk of any and all costs and delays arising from the
existence of any subsurface or other latent physical condition which could be
reasonably anticipated by reference to documentary information provided and made
available, and from inspection and examination of the site.
The undersigned agrees to commence performance of this Project within Ten (10)
calendar days after the date of issuance to the undersigned by Owner of the Notice to
Proceed or Purchase Order, which commencement of performance may include
applying for a permit if one is required for the Project. If a permit is required for the
Project, Contractor agrees to commence further performance of its work within Ten
(10) calendar days of issuance of the permit. The undersigned shall accomplish
Substantial Completion of the Project within Thirty (30) calendar days. The
undersigned shall accomplish Final Completion of the Project within Thirty (30) days,
thereafter, unless an extension of time is granted by the County
Page 27 of 61
The Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two, the Proposal in words shall control.
Sixty Thousand US Dollars Dollars.
(Total Base Proposal- words)
$60,000.00 Dollars.
(Total Base Proposal — numbers)
I acknowledge Alternates as follows: N/A
I acknowledge receipt of Addenda No.(s) or None
No. "'I Dated a L
No. Dated
Page 28 of 61
In addition, Proposer states that he/she has provided or will provide the County, along with
this Proposal, a certified copy of Contractor's License, Monroe County Business Tax
Receipt, and Certificate of Insurance showing the minimum insurance requirements for this
project.
Execution by the Contractor must be by a person with authority to bind the entity.
By signing this agreement below, the Contractor has read and accepts the terms and
conditions set forth by the Monroe County General Requirements for Construction found at
the link on the Monroe County web page: http:Hfl-
monroecounty.civicplus.com/Bids.aspx?CatlD=18; AND accepts all of the terms and
conditions and all Federal required contract provisions herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized representatives, as follows:
Contractor: Sport Surfaces LLC
Mailing Address: 7011 Wilson Road
West Palm Beach FL 33413
Phone Number: 561-964-2001
E.1.N.- 26-4143866
Email: sandra@sportsurfaces.com
Date: 12/20/23 Signed: 16aZd q&Z61 Z
61
Paul Gold - Manager
Name Title
Contractor's Witness signature:
Witness name: Maria Terantiv Date: 12/20/23
The County accepts the above proposal:
MONROE COUNTY, FLORIDA
Digitally signed by Roman Gastesi
Roman Ga stes i
Date:2024.01.29 16:04:02-05'00' Date:
By: County Administrator or Designee
APPROVED AS TO FORM&LEGAL SUFFICIENCY
Monr e' ounty Attorney's Office
Page 29 of 61
thalia Mellies Archer
Ass tant County Attorney
NON-COLLUSION AFFIDAVIT
I Paul Gold of the city_ofWest Palm Beach
according to law on my oath,and under penalty of perjury,depose and say that:
a. I am Manager
of the firm of Sport Surfaces LLC
the bidder making the Proposal for the project described in the Request for Proposals for:
Higgs Park
and that I executed the said proposal with full authority to do so;
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 to such prices with any other bidder or with any competitor;and
C. Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to bid opening,directly or indirectly,to any other bidder or to any competitor; and
d. No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;and
e. The statements contained in this affidavit are true and correct,and made with full knowledge
that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
tiZ - to - Z3
(Signature of Proposer (hate)
STATE OF: tC l a c'T d a
COUNTY OF: ?a\m. �� ��'
Subscribed and sworn to(or affirmed)before me,by means of N physical presence or❑online
notarization,on Z, Zo1 2 OZ 3 (date)by �_
C)AA (name of afftant). He/She is personally known to me or has
produced (type of identification)
as identification.
{lCYR�
QQ Issioy
NOT LIC Qa.oa.202
�N
�QTaRY
My commission expires: 3 Zon. _ (SEAL PUBLIC
n0
NNW A;Z�*ti�P
�0 Ft.OQ`�O
Page 30 of 61
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE
Sport Surfaces LLC
(Company)
wan-ants that he/she/it has 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. 0 10-
1990 or any County officer or employee in violation of Section 3 of Ordinance No.0 10-1990. 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 M amount of any fee,commission,percentage,gift,or consideration paid to
the former County officer or employee".
(Signature)
Date: t Z. - 4-0 -1.3
STATE OF:
COUNTY OF: Ge-q:L
Subscribed and sworn to(or affirmed)before me,by means of M physical presence or D online
notarization,on 3->ef-gn2be-c 2-0 ..20 ZS (date)by 9!,A�C
(name of affiant). He/she is personally known to me or has produced
as identification.
(Type of identification) cypo
MISSI
—4zol %- _03-
NOT P NOTqZYpUBLlC
My commission expires: 0ejcr-;4Z-cq-4, 0 V
(SEAL) 11H&
FL
Page 31 of 61
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, Sport Surfaces LLC , certifies, by
submission of this document, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the
prospective contractor shall attach an explanation to this form.
CONTRACTOR:
Sport Surfaces LLC
Signature Y Recipient's Name
Paul Gold - Manager
Name and Title Division Contract Number
7011 Wilson Raod
Street Address FEMA Project Number
West Palm Beach FI 33413
City, State, Zip
12/20/23
Date
Page 32 of 61
DRUG-FREE WORKPLACE FORM
The undersigigdov p Arguohgn acc d Ces prince with Florida Statute,Sec.287.087 hereby certifies that:
of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing,possession,or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace,the business'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 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.
Proposer's
Date
STATE OF: I�A
COUNTY OF: Se-
Subscribedand sworn to(or affirmed)before me,by means of 19 phy�ical presence or 0 online
notarization,on Jecerv�bgi 20 . Z02a (date)by9&-,o
(name of affiant). He/She is personally to me or has produced
(type of identfi ao identification.
C RO ZN&FARY PUBLIC
N t,,vwss1ow
(SEAL) .03- 0 My Commission Expires: oe 4(a) A02-4
NOTARYPUBLIC
0 Page 33 of 61
0
HH 1.
F.LO
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 properly 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
Sport Surfaces LAC (Respondent's name)nor any Affiliate has
been place t �nvlcted vendor list within the last thirty-six(36)months.
(Sig ature)
Date: l I -UJ
STATE OF: '�VAcaa?�1.
COUNTY OF: a- y i + e"\
Subscribed and sworn to (or affirmed) before me, by means of 9 physical presence or
online notarization, on the ZO dayof JPc-e�e-e , 20Z3 (date), by
�&a C-1 \ (name of affiant). He/She is erg
known to me or has produced (type of identification)
as identification
<yCYRQ
F' -dissroH Dtc`
A Y PUBLIC %% 0. oa-2Ga Q
NOTARYpUE E L)
My Commission Expires: 06 o31Zon. LIC
cp
OP FLO
Page 34 of 61
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):Tennis & Pickleball Court Repairs
Respondent Vendor Name: Sport Surfaces LLC
Vendor FEIN: 26-4143866
Vendor's Authorized Representative Name and Title: Paul Gold Manager
Address: 7011 wilson Road
City: West Palm Beach State: FL Zip: 33413
Phone Number561-964-2001 Email Address: sandra@sportsurfaces.com
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,
Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a
company from bidding on, submitting a proposal for, or entering into or renewing a contract for good or
services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to
s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above
in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott
Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Terrorism Sectors List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with
the County may be terminated, at the option of the County, if the company is found to have submitted a false
certification or has been placed on the Scrutinized 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 Terrorism Sectors List or been engaged in business operations in Cuba or Syria.
Certified By: Paul Gold who is authorized to sign on
behalf of the above refere iced po arty.,
Authorized Signature: �G ��
Print Name: Paul Gold
Title: Manager
Note: The List are available at the following Department of Management Services Site:
Ihtt➢ ..://www .cinis.ni .Flc..ricia,orTi/�)usiins.ss o....sirations/state,,,,,,,.........................h.�.siin
........�...................................................................................... ......................................................................................................... ............................................................................................. .... .2. f.o..ir.r..T]a.tJ o i.n/..c.c.nyi.c..t.o.cJ.,,,,,,,..... .s..I.,....o,nclecl....._cl.isciri_rr iin���criry........�orr�pnl��„iints........yeincloir.......l.ists
Page 35 of 61
APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant,loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress,or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The Contractor,Sport Surfaces LLC certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies
for False Claims and Statements, apply to this certification and disclosure, if any.
toazd&Y&&/
Signature of Contractor's Authorized Official
Paul Gold - Manager 12/20/23
Name and Title of Contractor's Authorized Official Date
Page 36 of 61
DISC,'LOSURE Of LOBENING ACTWITITS
CONIPUT17HIS F0924 TODISCLO"'ZIOBB".—NC,ACTV=S FT:&SU,,U;TTCj Yl US'C',,1352
L Typ e,of Fed e:r.il Action: 2 tam, of Federfl Action: 3,„, Report T,.,-pe,:
H a COILIT'NCT ❑A.bAleffer,app
b PRE'l b aMhal 71wayd b mEeha]chaRpe
I
1. ll:0GpIETZtVe,3117TRMI-EM c. posl-wwrd
d 10M for Materiall Champ Only:
e. boan paranlee velm apurnpi
f D o,atin-umnic a date of LIA T EPID L7
4. Name amd Address of PAparting Etudly S. If RATartimg Ezifity in No.4 is Stibawairdee,
Enter Name amdAddresz,of Pnme:
subawnr&e
Tipz ifkM0TNM
CM,Rg�MSMIUA DiStrillt.,if knOWM Comgressionall District.,if known
6, Federal DepairtmeatAgency: '7. Federal PreqT=.NameTesdcriplmca:
CFDA.Namber,if appdcnble
8 FederalActiami Number,ift-nown: Award Amzuml.,if kmown:
11 a. Name and AAA4esz,of Lobby Emfitr F. Indhtftals Performimg Semiges (mcloudugg
(If nanat,fust namp,M)<',k addzeis ifIffE,2111 from.No. I 0A)
Claw nama,frsl name, if
(Wlach Cai=mtiam Shper(,-,)':if necesmyv)
11. Amzuat of Fiyment(chm k,a+ at appiry) 13. Typed PINMent(Chleclz IM that Ippily),
❑ cvml ❑p L=ed F—I 3, reTniner
F—I b. ooze-timefe-!
IL F%rppuf Paymemg(check all that apply): c cocmuiilcu
F—I a" Ca"sh d. cmhqFnt fie
F—] b in-buid, speczf-y natze e defknsd
valma f othar,specift
14- Brief Descripboa,af'Serdices Performed acto bp perloirm*d nand Date(i)of Semlixe,includimig
officer(s),.,employWr),.,oar ooembex(s)contacted,for Fzymemit ladicaded ia Item 11:
(atlach Cotrtmmbon Shastffs)if necas;arv.)
IS- Cantmoativon Sheet(s)attached: Yes El No El
06, h6olmlatan rKmallad.&zcYQ4 thm,fdw:s vaffi=ad by
71tip U,S C SAciiaa 1.3 32, Thn dnd,-xvun oflobtrms Sipanze:!
risLimic4 wis pLzrad by thA,bu a�v:z whan Lt tramuctim.
wu,ma di&w ant". .Lmodo, Mis&%clD imra cc mgund. Print Mmp,_
p1blTcLavpwlaaa, Amy porlm wID fiLIN feEk&,&."rlind
&i zlovun aLan.bsvrA ;,ct.to a pGmairty'r f as lip,thmm
U.10,00D lmdnoo,Mas th=SIMM"col lfiriacl Nurl fail,'mm TeLEphmiE No.',� Diva:
Aox1ho,nzpd for L4cal Repruduction
Fecle:rfl Us*Only: St dud Form-LLL
2-6c RAR7 DCOIJIM7Y
Page 37 of 61
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of
covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such
payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a
Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action.
Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial
filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the
outcome of a covered Federal action.
2. Identify the Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to
the information previously reported,enter the year and quarter in which the change occurred. Enter the date of
the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known.
Check the appropriate classification of the reporting entity that designates if it is or expects to be aprime or
subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier.
Subawards include but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and
zip code of the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization
level below agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full
Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g.,
Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.
or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,
e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the
Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified
in item 4 to influenced the covered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a).
Enter Last Name,First Name and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the
lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check
all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to
be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify
the nature and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to
perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in
actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)
employee(s)or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project
(0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-
90aENDIF»
Page 38 of 61
14�F
Minority Owned Business Declaration
Sport Surfaces LLC , a sub-contractor engaged by Monroe County during the
completion of work associated with the below indicated project
(Check one)
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
X is not a minority business enterprise, as defined in Section 288.703, Florida Statutes.
F.S. 288.703(3) "Minority business enterprise" means any small business concern as defined in
subsection (6)(see below) which is organized to engage in commercial transactions, which is
domiciled in Florida, and which is at least 5 1-percent-owned by minority persons who are members
of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which
has been subjected historically to disparate treatment due to identification in and with that group
resulting in an under representation of commercial enterprises under the group's control, and whose
management and daily operations are controlled by such persons. A minority business enterprise
may primarily involve the practice of a profession. Ownership by a minority person does not include
ownership which is the result of a transfer from a nonminority person to a minority person within a
related immediate family group if the combined total net asset value of all members of such family
group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"
means one or more children under 16 years of age and a parent of such children or the spouse of such
parent residing in the same house or living unit.
F.S 288.703(6) "Small business"means an independently owned and operated business concern that
employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net
worth of not more than $5 million or any firm based in this state which has a Small Business
Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth
requirement shall include both personal and business investments.
Contractor may refer to F.S. 288.703 for more information.
Contractor Sub-Recipient: Monroe County
(G//� Digitally signed by Julie E.Cuneo
/ ca-Z± Julie E. Cuneo Date 2924.01.24 10:22 39-95'00'
Signature Signature
Print Name- Paul Gold Printed Name: Julie Cuneo
Title: Manager Title/OMB Department:Qssist nor, Pr rrehaslnq
Verified via:
lnp l/oa �lii��r jr y .a.�w�A�rrnl� ,.r�,�,
7011 wilson Road
Address: DEM Contract: Z3369
City/State/Zip West Palm Beach FI 33413
Date: 12/20/23 FEMA Project Number:
Page 39 of 61
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements For
Other Contractors, Subcontractors and Professional Services
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 any attached schedules, which are 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 attached schedules.
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 specified in the attached schedules. 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 the Contractor from any liability or obligation assumed under this contract or imposed
by law.
Page 40 of 61
The Monroe County Board of County Commissioners, its employees and officials, at 1100
Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all
policies, except for Workers' Compensation.
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.
Page 41 of 61
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Workers' Compensation Statutory Limits
Employers' Liability $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy
limits
$100,000 Bodily Injury by Disease each
employee
General Liability $200,000 per Person;
$300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
Vehicle $200,000 per Person
(Owned, non-owned, and hired vehicles) $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
Builders Risk Not Required
Construction Bond Not Required
The Monroe County Board of County Commissioners shall be named as Certificate
Holder and Additional Insured on General Liability and Vehicle policies.
INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any
minimum insurance requirements prescribed elsewhere in this agreement, Contractor
shall defend, indemnify and hold the County and the County's elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate 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 Contractor or any of its employees, agents, contractors
or other invitees during the term of this Agreement, (B) the negligence or recklessness,
intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or
any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default
in respect of any of the obligations that it undertakes under the terms of this Agreement,
except to the extent the claims, actions, causes of action, litigation, proceedings, costs or
expenses arise from the intentional or sole negligent acts or omissions of the County or
Page 42 of 61
any of its employees, agents, contractors or invitees (other than Contractor). The
monetary limitation of liability under this contract shall be equal to the dollar value of the
contract and not 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 3.Q. 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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
This indemnification shall survive the termination of this Contract. Nothing contained in
this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of
the United States or the County.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all of the requirements herein. I fully accept the indemnification and hold
harmless and duty to defend as set out in this proposal.
Sport Surfaces LLC Aaa4a
PROPOSER Signature
re
Page 43 of 61
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
72362955 $0
5273725901 $0
509-82008-4890-001 $1000 Comprehensive/$1000 Collision
Liability policies are X Occurrence Claims Made
RSC Insurance Agency Cindy Cuellar
Insurance Agency Signature
Page 44 of 61
DATE(MMIDD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE 12/22/2023
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 Cindy Cuellar
NAME:
RSC Insurance Brokerage,Inc. pHONE (954)963-6666 FAx
A/C No Exf: A/C,No):
3250 N.29th Avenue E-MAIL ccuellar@advancedins.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Hollywood FL 33020 INSURERA: Southern-Owners Insurance Company 10190
INSURED INSURER B: Infinity Assurance Insurance Company
Sport Surfaces LLC INSURER C: Technology Insurance Company 42376
Mondo Padel,LLC INSURER D:
7011 Wilson Rd INSURER E
West Palm Beach FL 33413-2234 1INSURER F:
COVERAGES CERTIFICATE NUMBER: CL2341340676 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 INSURANCE POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 300,000
MED EXP(Any one person) $ 10,000
A Y 72362955 05/04/2023 05/04/2024 PERSONAL&ADV INJURY $ 1,000,000
MOTHER
LAGGREGATE LIMITAPPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ 3,000,000
PRO-
- ''�' PRODUCTS-COMP/OP AGG $ '
POLICY X JECT LOC BY »�-;.. ., a ....,�„, '"�:�", 3000000
: DATE 1 2024
Premises/Operations $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
WAIVER N/A YES Ea accident
X ANYAUTO BODILY INJURY(Per person) $
B OWNED SCHEDULED 509-82008-4890-001 03/01/2023 03/01/2024 BODI LY I NJ U RY(Pe r accide nt) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
Uninsured motorist BI $ 100,000
UMBRELLA LIAB AC """ 5,000,000
OCCUR EACH OCCURRENCE $
A EXCESS LAB CLAIMS-MADE 5273725901 05/04/2023 05/04/2024 AGGREGATE $ 5,000,000
DED I X1 RETENTION $ 10,000 $
WORKERS COMPENSATION X1
SPTER
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 TWC4312474 10/29/2023 10/29/2024
(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 $
Contractors Equipment-Scheduled
A Rented Equipment 72362955 05/04/2023 05/04/2024 $459,627/$500 Ded
$25,000/$500 Ded
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE:Higgs Beach Park Pickleball and Tennis courts repairs. 1000Atlantic Blvd Key West,FL 33040
Certificate holder is Additional Insured
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
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
MONROE COUNTY, FLORIDA
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract.
Contractor/Vendor:
Project or Service:
Contractor/Vendor Address & Phone #:
General Scope of Work:
Reason for Waiver or Modification:
Policies Waiver or Modification will apply to:
Signature of Contractor/Vendor:
--------------------------------------------------------------------------------------------------------------------------------
Date: Approved Not Approved
Risk Management Signature:
Date:
County Administrator appeal:
Approved: Not Approved: Date:
Board of County Commissioners appeal:
Approved: Not Approved: Meeting Date:
Page 45 of 61
EXHIBIT "A"
REQUEST FOR SERVICES
FOR
HIGGS BEACH PARK PICKLEBALL AND TENNIS COURTS REPAIRS
Location Map
yr W I i
h
iGii� IrII// p
f
Project Location
24.547642638186666 N,
V 1 r/� 81.78860004434284 0 W
Page 46 of 61
EXHIBIT `B"
REQUEST FOR SERVICES
FOR
HIGGS BEACH PARK PICKLEBALL AND TENNIS COURTS REPAIRS
Typical Striping Plans
Tennis Courts 1 and 2
fir
%1 .........WWI-
...
TF FOOT COURT
NOW,
7,&L UIWEIMAS ME TO IRE OkIMUE M c OF THE FLArW 78 FOOT TENNIS
LKS,ON THE EEUEMIua 4E THE CEHaTEYt W4E'AVICH
M1#1 WE S'LY'ED Off T6 CENTER
2 THE EeaTER GEKV E WE W aENTErx HWPS srw.L ICE a TYPICAL FTFflPINC G'LARf i/ ///
C E ODD OTHEH'UNM S—PE CaETNM I'AbC'P
.E, .E —RISE L-;-1 ME LIP T1 4 11YLFE9'
MDE
W,11,MIR
Page 47 of 61
Pickleball Courts
a
, ______S 1XIgym
�......e ...............; N- llmm..
POST
:r :. � ►
L w ION
OMRTI.rlDM of-INM.
CMS S HAI1.BE 2" ,
T rAXIA AREA
0
.... ...
Page 48 of 61
Combination Court 3
INN IN
60
6U,
Combination Court 4
p � E
y ,
Page 49 of 61
EXHIBIT "C"
APPROVED MANUFACTURERS
Manufacturing of the crack filler, crack repair system, prime coat, leveling course,
adhesion promoter, resurfacer, acrylic color and playing lines shall conform to the latest
specifications as distributed by the following approved companies, or approved
equivalent:
Advanced Sport Coatings
5201 Brighton
Kansas City, MO. 64130
(800)821-8549
RiteWay Tennis Products
4 Sycamore Way
Branford, CT 06405
(877) 5-RITEWAY
Laykold Sport and Recreational Surfaces by Advance Polymer Technology
109 Conica Lane
P.O. Box 160
Harmony, PA, 16037
(724) 452-1330
TPS Coatings by Hellas Construction, Inc
12710 Research Blvd.
Austin, TX 78759
(512)250-2910
World Class Athletic Surfaces
817 North Broad Street
TS-7
P.O. Box Drawer 152
Leland, MS 38756
(800) 748-9649
SportMaster Sport Surfaces
P.O. Box 2277
Sandusky, OH 44870
(800) 395-7325
Nova Sports USA, Inc.
6 Industrial Road, Building #2
Milford, MA 01757
(508) 473-6540
Page 50 of 61
EXHIBIT "D"
REQUEST FOR SERVICES
FOR
HIGGS BEACH PARK PICKLEBALL AND TENNIS COURTS REPAIRS
Davis-Bacon Act -Prevailing Wage Determination
Issued by the Department of Labor
Page 51 of 61
"General Decision Number : FL20230022 10/13/2023
Superseded General Decision Number : FL20220022
State : Florida
Construction Type : Building
County : Monroe County in Florida .
BUILDING CONSTRUCTION PROJECTS (does not include single
family
homes or apartments up to and including 4 stories) .
Note : Contracts subject to the Davis-Bacon Act are
generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order
13658 .
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5 . 1 (a) (2 ) - (60) .
lIf the contract is entered 1 Executive Order 14026
I
linto on or after January 30 , 1 generally applies to the
I
12022, or the contract is 1 contract .
I
lrenewed or extended (e . g. , an 1 . The contractor must pay
I
loption is exercised) on or I all covered workers at
I
lafter January 30, 2022 : 1 least $16 . 20 per hour (or
I
I I the applicable wage rate
I
I I listed on this wage
I
Page 52 of 61
determination, if it is
I
higher) for all hours
I
spent performing on the
I
contract in 2023 .
I
I I
I
lIf the contract was awarded onl . Executive Order 13658
1
for between January 1, 2015 andl generally applies to the
I
( January 29, 2022, and the 1 contract .
I
lcontract is not renewed or 1 . The contractor must pay
alll
lextended on or after January l covered workers at least
1
130, 2022 : 1 $12 . 15 per hour (or the
I
I I applicable wage rate
listedl
I I on this wage
determination, )
if it is higher) for all
I
I I hours spent performing on
I
I I that contract in 2023 .
1
1 1
I
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of
the
Executive Orders and a classification considered necessary
for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request .
Page 53 of 61
Additional information on contractor requirements and
worker
protections under the Executive Orders is available at
http : //www . dol . gov/whd/govcontracts .
Modification Number Publication Date
0 01/06/2023
1 01/13/2023
2 01/20/2023
3 07/07/2023
4 09/22/2023
5 09/29/2023
6 10/13/2023
ELEC0349-003 09/01/2021
Rates Fringes
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72
-----------------------------------------------------------
ENG10487-023 07/01/2023
Rates Fringes
OPERATOR: Crane
All Cranes 75 Tons and
below . . . . . . . . . . . . . . . . . . . . . . . $ 37 . 07 14 . 90
All Cranes Over 300 Ton,
Electric Tower, Luffing
Boom Cranes . . . . . . . . . . . . . . . . . $ 40 . 40 14 . 90
Cranes 130-300 Ton . . . . . . . . . . $ 39 . 38 14 . 90
Cranes 76 ton to 129 Ton . . . . $ 37 . 57 14 . 90
-----------------------------------------------------------
* IRON0272-004 10/01/2023
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 27 . 75 15 . 27
-----------------------------------------------------------
Page 54 of 61
PAIN0365-004 06/01/2021
Rates Fringes
PAINTER: Brush Only . . . . . . . . . . . . . $ 20 . 21 12 . 38
-----------------------------------------------------------
SFFL0821-001 07/02/2023
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 32 . 03 22 . 15
-----------------------------------------------------------
SHEE0032-003 08/12/2023
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation) . . . . . . . . . . . . . . . . . . . . $ 29 . 10 14 . 68
-----------------------------------------------------------
* SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 ** 5 . 07
CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 ** 0 . 00
FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 ** 0 . 00
LABORER: Common or General . . . . . . $ 8 . 62 ** 0 . 00
LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 ** 0 . 00
OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 ** 0 . 00
OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 ** 0 . 00
Page 55 of 61
PAINTER: Roller and Spray . . . . . . . $ 11 . 21 ** 0 . 00
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 ** 3 . 33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply . . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 ** 0 . 00
SHEET METAL WORKER, Excludes
HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 ** 3 . 61
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 ** 0 . 15
-----------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
-----------------------------------------------------------
** Workers in this classification may be entitled to a
higher
minimum wage under Executive Order 14026 ($16 . 20 ) or 13658
($12 . 15) . Please see the Note at the top of the wage
determination for more information .
Note : Executive Order (EO) 13706, Establishing Paid Sick
Leave
for Federal Contractors applies to all contracts subject to
the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1 , 2017 . If
this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year .
Employees must be permitted to use paid sick leave for
their
own illness, injury or other health-related needs,
including
preventive care; to assist a family member (or person who
is
Page 56 of 61
like family to the employee) who is ill, injured, or has
other
health-related needs, including preventive care; or for
reasons
resulting from, or to assist a family member (or person who
is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional
information
on contractor requirements and worker protections under the
EO
is available at
https : //www. dol . gov/agencies/whd/government-contracts .
Unlisted classifications needed for work not included
within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract
clauses
(29CFR 5 . 5 (a) (1) (ii) ) .
-----------------------------------------------------------
The body of each wage determination lists the
classification
and wage rates that have been found to be prevailing for
the
cited type (s) of construction in the area covered by the
wage
determination . The classifications are listed in
alphabetical
order of " "identifiers"" that indicate whether the
particular
rate is a union rate (current union negotiated rate for
local) ,
a survey rate (weighted average rate) or a union average
rate
(weighted union average rate) .
Union Rate Identifiers
Page 57 of 61
A four letter classification abbreviation identifier
enclosed
in dotted lines beginning with characters other than " "SU" "
or
""UAVG"" denotes that the union classification and rate
were
prevailing for that classification in the survey . Example :
PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier
of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers .
0198
indicates the local union number or district council number
where applicable, i . e . , Plumbers Local 0198 . The next
number,
005 in the example, is an internal number used in
processing
the wage determination . 07/01/2014 is the effective date of
the
most current negotiated rate, which in this example is July
1,
2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing
this classification and rate .
Survey Rate Identifiers
Classifications listed under the " "SU" " identifier indicate
that
no one rate prevailed for this classification in the survey
and
the published rate is derived by computing a weighted
average
rate based on all the rates reported in the survey for that
classification . As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates . Example : SULA2012-007 5/13/2014 . SU
indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates . LA
indicates
Page 58 of 61
the State of Louisiana . 2012 is the year of survey on which
these classifications and rates are based. The next number,
007
in the example, is an internal number used in producing the
wage determination . 5/13/2014 indicates the survey
completion
date for the classifications and rates under that
identifier .
Survey wage rates are not updated and remain in effect
until a
new survey is conducted.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the
classifications was union data . EXAMPLE : UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted
union
average rate . OH indicates the state . The next number, 0010
in
the example, is an internal number used in producing the
wage
determination . 08/29/2014 indicates the survey completion
date
for the classifications and rates under that identifier .
A UAVG rate will be updated once a year, usually in January
of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate
is
based.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
Page 59 of 61
1 . ) Has there been an initial decision in the matter? This
can
be .
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position
on
a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including
requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility
for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process
described
in 2 . ) and 3 . ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to :
Branch of Construction Wage Determinations
Wage and Hour Division
U. S . Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
2 . ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
Administrator
(See 29 CFR Part 1 . 8 and 29 CFR Part 7 ) . Write to :
Wage and Hour Administrator
U. S . Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
Page 60 of 61
The request should be accompanied by a full statement of
the
interested party ' s position and by any information (wage
payment data, project description, area practice material,
etc . ) that the requestor considers relevant to the issue .
3 . ) If the decision of the Administrator is not favorable,
an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to :
Administrative Review Board
U. S . Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are
final .
-----------------------------------------------------------
END OF GENERAL DECISION
Page 61 of 61
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