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02/13/2024 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with:S"hade� orts Contract# Effective Date: Expiration Date: Contract Purpose/Description: Replace Shade Sails on Playground equipment at the Higgs Beach de Playground that were damaged duding Hurdcane Ian Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: John Alen Parks & Beaches Name Ext. De artment Sto # CONTRACT COSTS Total Dollar Value of Contract: $ 16,70,`I Current Year Portion: $ 16 701 , (must be less than$50,000) (If multiyear agreement then requires BOCC approval,unless the qos�vd dess 0wm ")'50 I h9'0 I h0) Budgeted? Yes❑ No ❑ Chant: $15,865.95(90%FEMA5%FDEM) County Match: $83&05" Fund/Cost Center/Spend Category: 125-0459116 SC G0062 GNT- '�02$ . ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Replacement of,Playg'ound halo Sails at 14ggs Beach Slide (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 Date 2 24.02.signed 8 John 50Allen Date:2024.02.08 13:56:50-05'00' Nathalia M.Archer Digitally signed by"atha'Ia M.Archer County Attorney Signature: Date:2024.02.0814:09:03-05'00' Jacl n Flatt Digitally signed by Jac'yn Flat Risk Management Signature: Y Date:2024.02.0814:33:38-05'00' L Gonzalez Digitally signed by Lynn Gonzalez Purchasing Signature: Ynn Date:2024.02.0008:19:42-05'00' John Quinn Digitally signed by John Quinn OMB Signature: Date:2024.02.09 08:03:03-05'00' Comments: Revised BOCC 2/15/2023 Page 85 of 106 M NROE COUNTY BOARD OF COUNTY COMMISSIONERS AGREEMENT FOR HIGGS BEACH PARK BEACH BIDE PLAYGROUND .SHADE SAILS HURRICANE IAN PAIR. BOARD OF COUNTY COMMISSIONERS i dIJ qq r 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 Director of Parks and Beaches Kevin Madok John Allen December 2023 PREPARED BY: Monroe County Parks and Beaches Department Page 1 of 52 Monroe County Parks and Beaches Date: 11/14/2023 Scope of Work Replace Three (3) Shade Sails 43'x38'x2l' and 30'x28'x17' and 35'x34'x18' on the Playground Equipment on the Higgs Beach Side. See quote on Exhibit "B" Job Name: Higgs Beach Park Beach Side Playground Shade Sails Hurricane Ian Repairs Job Location: Higgs Beach Park 1000 Atlantic Boulevard Key West, Florida 33040 Contact: Parks & Beaches John Allen 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 the replacement and installation of hurricane-damaged Playground Shade Sails, to pre-damage configuration and like-for-like materials. 2. Project Intent and Scope Scope of Work: The Contractor shall provide all labor and materials to replace and install Playground Shade Sails at Higgs Beach Park Beach Side (see Exhibit "B"). 3. General Requirements A) The Contractor shall coordinate all activities with the Monroe County Director of Parks and Beaches. Contact: John Allen 786-847-3358 Page 2 of 52 13) The Contractor is required to provide protection for all existing surfaces including, but not limited to: Existing fencing that remains. Playground Surfaces, shelters and pavilions and any other Infrastructure. Vehicles and Personal Property, 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 Parks and Beaches Director 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 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 needs to be aware of weather and location and plan accordingly. K) The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. L) The Contractor shall provide a safety lift plan for any crane/hoist work. M) If applicable, Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and Page 3 of 52 maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment. N) The Contractor shall provide a schedule for all phases of the project. 0) The Contractor shall coordinate all activities with concurrent site work being performed, if any. P) 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, $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. 0) The Contractor is required to have all current licenses necessary to perform the work and shall submit the Contractor's License, Monroe County Business Tax Receipt, and City of Key West 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. R) 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 Page 4 of 52 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, 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. FDEIVI 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. S) 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 Page 5 of 52 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. T) 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. U) 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. V) 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 contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Page 6 of 52 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. ADDITIONAL CONTRACT PROVISIONS 1) Nondiscrimination/Ec wal 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 Vill 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 11, which, prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix 11, 1 C, agrees as follows: Page 7 of 52 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 books, records, and accounts by the administering agency and the Secretary of Labor for Page 8 of 52 purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 11) 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 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 Page 9 of 52 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 287.1 35(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 111) 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; 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 Page 10 of 52 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; 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 Paa,e I 1 of 52 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 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. Page 12 of 52 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 1.19, _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-BRIANA-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 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: Industrial Shadeports Inc. _ 6600 NW 12th Ave Suite 220 Jq 3309 For Owner: Director of Parks and Beaches Assistant County Administrator, PW 102050 Overseas Hwy, 1100 Simonton Street Key_Largo, FL 33070 Key West, Florida 33040 Page 13 of 52 Monroe County Attorney's Office 1111 121h 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 set-vices, 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. 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 1, Nondiscrimination, or Section 11, concerning termination or cancellation. 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 11 to C.F.R. Part 200, as amended, including but not limited to: A) Clean Air Act (42 U.S.C. §V401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387 . CONTRACTOR agrees to comply with all applicable Page 14 of 52 standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to 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. §43701-3708). 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. g3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty 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 Page 15 of 52 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). 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 vvw\tv, ,i i, nov. 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 Page 16 of 52 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 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 certifications) 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. Page 17 of 52 Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, " I VV / "MA/ ,."lo"lls r�1 I'MCC) 11' t V(` 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 115-232, Section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities): (I) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director 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- Page 18 of 52 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 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. Page 19 of 52 (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 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. 13) 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: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business Page 20 of 52 enterprises are solicited whenever they are potential sources; iii. 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; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. 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. vi. 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 E!gg.§i: 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) Change s to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement Paa,e 21 of 52 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(s) 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, 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 County webpage: oi D, t l"D 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 22 of 52 PROPOSAL FORM PROPOSAL TO: Monroe County Parks and Beaches 102050 Overseas Hwy, Suite 213 Key Largo, FL 33037 PROPOSAL FROM; Industrial Shade arts Inc. 6600 NW 12th Ave, Suite 220 Fort Lauderdale, FL 33309 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 BEACH SIDE PLAYGROUND SHADE SAILS 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 Sixty (60)calendar days. The undersigned shall accomplish Final Completion of the Project within Sixty (60) days, thereafter, unless an extension of time is granted by the County. Page 23 of 52 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. Sixteen Thousand Seven Hundred One and 00 /100 Dollars. (Total Base Proposal- words) $16,701.00 Dollars (Total Base Proposal — numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No. Dated No. Dated Page 24 of 52 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: htti):/M- 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: lndust6al Siwdepuft, kw, Mailing Address: 6600 NW 120 Ave 9220 FLO Lauderci,,rOe, FL 13309 1 Phone Number: 454 7,&OW E.1. 8-4247013 Email: sWe,,;@shad(:q>orts can"€ Date: 0 110512024 Signed: 7," erorr,a. GenerW Wmager Name Title Contractor's Witness signature: Witness name: John Weidinae/ Date: 01/05/2024 The County accepts the above proposal: MONROE COUNTY, FLORIDA Digitally signed by Roman Gastesi Roman Gastesi Date:2024.02.13 09:48:27-05'00' Date: By: County Administrator or Designee APPROVED AS TO FORM&LEGAL SUFFICIENCY tp Mon+ ounty Attorney's Office Page 25 of'52 �--)-�2A ()k 1-0) N hallellies Archer t a i1 A.. t..t County Attorney NON-COLLUSION AFFIDAVIT I, Joy Kerner of the city of Ep1 l._al,d rd 1 according to law on my oath, and under penalty of perjury, depose and say that: a. I am__G2LLLaJ_Maaa= of the firm of Industrial Shadeports, Inc the bidder making the Proposal for the project described in the Request for Proposals for: 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. _=� �L202�l. .__ (Sid at ire of Proposer) (Date) STATE OF: Florida COUNTY F: rn arcs Subscribed and sworn to (or affirmed) before me, by means of x physical presence or ❑ notarization on 0�/QS[� �4 (date) by_ .� o ine � ' j r ", �m. (name of affiant). He/She is Sona.11y known t e or has .......... Mmd_ :..... produced mm" 'm° -( entification) as identification. N TARY PUBLIC My commission expires:.,,_ f -°° (SEAL) DANIELLE SHA Notary Public state of Florida Comm#HH417471 Wres 10/9/2027 Page 26 of 52 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 66 industrial Shadeports, ire (Company) ".,. warrants 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. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". ,.Asa., (Sig t e) Date: 01105120 STATE OF: IQ COUNTY r r Subscribed and sworn to( or affirmed) before me, by means of❑x physical presence or❑ on line notarization on r20.... producedpn, �� me or has24 — (date) by Kerner name of affiant He/She is as identification. (Type of identification) ------- "� w, NOTARY PUBLIC Danielle Shaw y commission expires:,,,,,_ 1L17 _ ... DANIFL1 F $HAW (SEAL) Notary Public State of Florida l N2 Comm#HH41747t1 Wres 10/9/2027 Page 27 of 52 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, 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 By Sin re Recipient's Name ,ea Name and Title Division Contract Number Street Address FEMA Project Number Fort Lauder-dale FL 33309 City, State, Zip 01/05/2024 Date Page 28 of 52 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: l � tril c�c�rt (Name of Business) I. 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. 5 o oser's Signature _ M l 2M Date STATE F: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of EXphysical presence or ❑ online notarization, on .y ............... 1/ , � �� (date) by JOB Kerner name of affiant He/She is pally kno%,kn 1� or has produced ( ) of identification as ider1n1jc:Y`io_,.. __.__ n M1 r� r (type ) ��aon. DaNeHe Shaw DANIELLE SHAW NOTARY PUBLIC Notary Public (SEAL) �mmp FlH417te of orida 1 y Commission Expires: l l7(1.7.......... EVIres 10/9n027 Page 29 of 52 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither hidustrial Shadeports, Inc (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Sfoature) Date: 01/05/2024 STATE OF: Ror d COUNTY OF: Br ward Subscribed and sworn to (or affirmed) before me, by means of CK physical presence or 0 online notarization, on the 5 day of January b 20 24 d pe rsona Joe Kerner (name of affiant). He/S�_e is' ersona�llyfy,> �nrb`W�Jt&_�F 6�,�has produced (type blidentificafion) as' iWitif—ic6tion. DANIELLE SHAW Notary Public Daniek h o aw NOTARY PUBLIC state of n*HH41Florida 7471 A 1019/2027 it My Commission Expires: 101912022, Page 30 of 52 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Higgs each Park Beach Slde P aygroand Shade Sails HUrricane Project Description(s):lan Repair Respondent Vendor Name: Industrial Shadeporls, Inc VendorFEIN: 81-4247013 Vendor's Authorized Representative Name and Title: Address: 6600 NW 12th Ave #220 Fort LauderdMe, FL 33309 City: Fort Lauderdale State:Florida zip: Phone Number 954-755-0U1 Email Address: infoashadeports.can 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: , who is authorized to sign on behalf of the abcWrefer d Cpany. Authorized Signature: P - Print Name: Ile Krarr-1 r Title: General Manager Note: The List are available at the following Department of Management Services Site: Page 31 of 52 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 MA afMnTriwed ninds have been paki or W be rmki. by m (m 1whaWorthe uWasQned, to any person for influendrig or auemptog to inflwmce at, onker or wriphyee of an ageny. as MdonM of Cong,.,,,ress, an officer or eniployee of Chngms. or an employee of as Member or C. W emmwoWn w4h we awmANg ofany Fedcral contract, die making or my P&G grant, Ow nmkbl,,, orany Federal W4 the enwHng into of my cool)erative agreernew, and the extenskin, con6rnia6on, rcriec)/A arnerldnient, or niodit"ickition ofany Adet-al contract, grant, loan. or cooperative agreement. 2, If my RwWs Mher than Federal appropriated Conds have been paid or kN HI be p&d to wry pemon Rn Muencing or aatterriptirng (o influcrice an Weer (w =Mojee cd' any agency. a Adonher (W(Ingrem an oRker (w emplijee or(agress. m an empkyee of' at Member of(Ningress W connection with this Federal contract, graint, loan. or cooperative agreement. the Wervigned shall complete kind subn& vita mhwd WWII. -Wkwure Form to Report I MyOgY in acoWnce with its Annuohns, 3. The undersigned shall re(JUire that the laq�,Uage ofthis ccrflficafion he hwhWed in floe award docurnents fON11I SUbawards ,".0 all tiers (inch,iding subcontnicts, subgraw s, mid cormacts Linder gn=. Wn, and cooperative agreements) and that al subrecipients shall certify and disclose acc(ndingly. Thk cemificatkm is a nNnetbi representudw, of Jbct upon Mich rchance was 1flaced when this transaction avas made, or entered into. SuNnission of this cedif1cmion is lit-crequisite for Wiry (w cnwdng into this transac6on irrip(sed by woM 1352. Ode 31. US. Wde. Any person Mro Cails to file the requked ccrdAcmimi shQ1 be sr, lct lo as civil penalty, ofno[ less th,,in $10,000 and not more than $J W000 161-each such f1iikl['e. The Contract(kid'Ustria� ShadepQ , certifies or affirins the truthfulness and accuracy of each statementof 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. �--t ture of Ztrctoi�'s7A ut�ho �;ed Official Name and Title of Contractor's Authorized Official Date Page 32 of 52 DLSC LOSURE OF LORBYLNC,ACTAITMS "'CiMPUT?T"I'lS KIM 7,:� L�C"SEYV4,ki`,'77=T, TO E U 151,!. 1, TyptofFederalActiow, Staw of Fedtral Artion, 3w Rwport Typc a MIZACI a,lini offer vwp."ax"Mor, M21,11 c. griv t" xMtM!aww"I cooppiarl"I'riv*1Wiew r, post-ouln! d 10"w, Fol kbtknal Nib, e, �01=T,,.iunwft Tcu— ;,artr f lommvw-awe ktue of 11st rerdor, 4 Name xmd,Addy Re,,pwt,agk YfReportwt EMWN w Ne.and Is sisbaward", Esker N an*nud Addrvia of Prime E-1;d=e El Subywudee Tier d"K ant outres"Ita"Al Distrkt,d imcwt, C ougressiamal Distni t d krv%,t 6 Feder'11 1 Federal Froj,;am Namt0tsicnphou CTDA Number,of map mdl 8 9 Avrx amp. mouat,Likunixt, 10, b. ladhidush Ferformiq Stnicv, (md"winj (Ii Mwsd-ux,"'Insl,ralcac fir,"t n=c N11, add e, if cLffferezl tox!';o.Ii c,,=,e,fzst ILIZA, MI) 11 'kMamstof F:,wm+ul 4"C'kKk 61 tbat appily) 11 Type of Payaw(cb*ck xg tLil apply) ilctaal' F pilwle(j, 11 TVALIM-I 9 b oce"=*fit 12 F 01 M of F a irwest r,cb*(k an khat 2,PPIV) c (OCU=L"I'Mc F] 3, ";,"n 6, catu'lew At urkmd. vo�ue, artc,mPec& 14 Rritif DitiArVtou of Semcee Flerformtd or to be performed sud Datjks)of Sentit,iartuding cffktr(s� efspi io;r mwmbev(s)costai for Fav-mend lu&cM#d,iu Itt"M 11, EJ 16 11 vn=wn via r*q7"v,%d fir,= r"I,=4*d t- "Nd,*3:V ,,C �Gkvdcu 31 Tlwi&xItyumoff" riLsw.41 tm pWc*d b,,,, car �vuvxn�ou pw NMI*, pwaiaw,v", bi, nutnii m" .�Jxl.',wd w IvaLit"4 Era pA,Br=2P*-t,?,(,2 Tilic d vwi 'r'l r r "o 1"rr �*I vw s I C INDO=,f xv,MP)r*tL=U 00 DU fbf or"I vunk,faDw* Telieptivne NO P, Au"t,xmeld.10'lact Piprotix toz Use cpbly� Snnitrd�zw=-UL -did Page 33 of 52 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure Joint shall be completed by the reporting entity,whether subawardec or prinic 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 air ollicer car einployeeofaiiy agency,a Member of Congress,an officer tar employee of Congress or an employee ot'a Member of Congress in connection with acovered Federal action. Attachaeontititiatioiisiieetf(,aradditiorialitifc)t-iiiationil'the,qpaccotittie form is inadequate. Complete all items that apply fur both the initial filii)gaii(iiiiaterialcliatigereport. Refer to the implementing guidance published by the Office of Management and Budget for additional intbrination. 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 Identifythe 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, Enler the lone of the last, previously submitted report by this reporting entity for this covered Federal action. 4, E'ntcr the bull name,address,city,state and zip code of the reporting entity. Include Congressional District ifisnown. Check the appropriate classification ofthe reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardec,e.g.,the first subawardec offlic prime is the first fier. Stibawardsinclilde but are not limited to subcontracts,subgrants and contract awards under grants, 5. If the organization filing the report in Item 4 cheeks"Subawardee"then enter the full name,address,city,suite and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name ofthe Federal agency making the award or loan commitment. Include at least one organization level below agency name,if'known. For example,Department ol"fransportation,Unned States Coast Guard. 7. Enter the Federal Program name or(fescription for the covered Federal action(item 1). If'known,enter file full Candogof Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan coninutinclits 8, Filter the most appropriate federal identifying number available for the Federal action identification in item I(c.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., "RIT-DF-90-001." 9. For it covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal arraitint ofthe award/Hoar conintionents for the prinic entity identified in item 4 or 5. I(t, (a)Enter the hill 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 ofthe individuals)performing services mid include full address ifdj thcrent from 10(a). Enter Last Name,First Name and Middle Initial(MI). IL Enter the amount of compensation paid or reasonably expected to be paid by the repelling entity(item 4)to the lobbying entity(item 10). Indicate whether die payment has been made(veinal)or will be rnade(planned). Check all boxes that apply. If this is a material change report,enter the cumulative aniount ot'payment made or planned to lie made. 11 Check the appropriate box. Check all boxes that apply. Wpayinent is made through an in-kind contribution,specify the nature and value ofthe in-kind payment 13, Check the appropriate box. Check all boxes that apply. Ifother,specify nature. 14. Provide a specific and detailed description ofthe services that the lobbyist has performed or will be expected to perform and the datc(s)of any services tendered. Include all preparatory and related activity not,lust time spent in actual contact with Federal officials. Identify the Federal off icerts)or ernployeet s)contacted or the olli cer(s) employee(s)ear Mernber(s) ofCongivss that were contacted. 15. Clieck whether or not a continuation sheets)is attached. 16. 'file certifying official shall sign and date the form,print his/tier narne title and telephone nUmber. Pohl ic reporting burden for this collection ofinformation 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 cif infortnation. Send comments regarding the burden esinnate or any other aspect of this collection of information, incluvinigsuggestionsfor reducing this,burden,to the Offi x of'Maxiagcinent and Budget,Paperwork Rechiction Project (0348-0046),Washington,D.C.20503. SF-111-Anstructions Rev.064)4- 90oENDIFo) Page Minori N Owned Business Declaration Industrial Shaderiorts. Inc , 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 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 underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this subsection,the term"related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business" means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. Contractor Sub-Recipient: Monroe County Julie E. Cuneo pa'e 2024 02 0by 1 10.33.1;C05'00' - -ie_ __.... ---_------.___....___-------.___________ Sin a Signature Print Name:jaalie Printed Name: Julie CuneO Title:m(321le Title/OMB Department: Asst Dir, Purchasing Verified via: Address: 6600 NW 12th Ave #220 DEM Contract: Z3369 tate/Zi Fo Lrdale_.F 33309 Date;y 1/0 aude FEMA Project Number: �t Page 35 of 52 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 36 of 52 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 37 of 52 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 $3,00,000 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 38 of 52 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. kidLlstrial Shadeports, lnc z-4-- PROPOSER Si tune Page 39 of 52 DocuSign Envelope ID: D47A069C-7E57-48DE-9283-F6D7543E50D6 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 COMMERCIAL GENERAL Bodily Injury Liability, Property Damage Liability and/or Personal LIABILITY: 163BG05817-03 and Advertising Injury Liability combined: $2,500 AUTOMOBILE LIABILITY: comprehensive & collision: $500 INAU379583 EXCESS LIABILITY: AN1297531 None Liability policies are x Occurrence Claims Made DocuSigned by: Whitney commercial Insurance Advisors LLC Epow � A" Y. Peter S Whitney Jr. Insurance Agency Signature Page 40 of 52 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: ContractorNendor Address & Phone#: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of ContractorNendor: 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 41 of 52 DATE(MMIDD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE �....-� 12/29/2023 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 Whitney Commercial Insurance Advisors LLC PHONE Kimberly Hefferon FAX 102 NE 2nd St Ste 178 AIC No Ext: (561)210-8715 AIc,No: (561)210-8716 E-MAIL Boca Raton, FL 33432 ADDRESS: kim@wciadvisors.com License #: A283753 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Burlington Insurance Company 23620 INSURED INSURER AMGUARD INSURANCE CO 42390 42390 INDUSTRIAL SHADEPORTS, INC. 6600 NW 12 AVE INSURER : Nautilus Insurance Co. 17370 17370 SUITE 220 INSURER D: FORT LAUDERDALE, FL 33309 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000640-2746266 REVISION NUMBER: 273 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY Y 163BG05817-03 11/10/2023 11/10/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE J DAM TO RENT OCCUR PRE MAGE SES(Ea occurrDence) $ 100,000 MED EXP(Any one person) $ EXCLUDED PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY D PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y INAU379583 12/16/2023 12/16/2024 EOa acccidenlMIDsINGLE LIMIT $ 1 000 000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident C UMBRELLA LIAB X OCCUR AN1297531 11/10/2023 11/10/2024 EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN Iq,�VM"k II STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ I - - E.L.EACH ACCIDENT EXCLUDED? NIA ,.....,. $ OFFICER/MEMBER (Mandatory in NH) B ,.,�, E.L.DISEASE-EA EMPLOYEE $ If � �„� ,�..,�_.-.�-�� E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below describe under 1 52 ..gym ...N N' _ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) HIGGS BEACH SHADE STRUCTUREW EST 3117 MONROE COUNTY BOCC IS ADDITIONAL INSURED WITH RESPECTS TO COMMERCIAL GENERAL LIABILITY AND AUTO LIABILITY WHEN REQUIRED BY WRITTEN CONTRACT. UMBRELLA FOLLOWS FORM OVER GENERAL LIABILITY AND AUTO LIABILITY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street KEY WEST, FL 33040 AUTHORIZED REPRESENTATIVE fxx� (KIH) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by KIH on 12/29/2023 at 01:42PM DATE(MM/DD/YYYY) AC "R" CERTIFICATE OF LIABILITY INSURANCE 12/29/2023 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 NAME: Arthur J.Gallagher Risk Services for CoAdvantage PHONE 888 925-2990 FAX Jeffrey Rendel E-MAIL o Ext: ( ) A/c No 250 Tequesta Drive ADDRESS: coi@coadvantage.com Tequesta, FL 33418 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: American Zurich Insurance Company 40142 INSURED INSURER B: CoAdvantage Corporation Alt.Emp:Industrial Shadeports Inc. 101 Riverfront Blvd Suite 300 INSURER C: Bradenton,FL 34205 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:23FLO901138023 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YWY MM/DD/YWY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO CLAIMS-MADE OCCUR PREMISES Ea oND currence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS , HIRED NON-OWNED 1 PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY 'I a ,. ,,. Per accident $ UMBRELLA LIAB OCCUR 1524 EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE Nppj�,�"^""'""�"^ ,� AGGREGATE $ ''DED RETENTION$ WAMMk , $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 2,000,000 A OFFICER/MEMBER EXCLUDED? N/A WC 56-11-942-09 04/01/2023 04/01/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 Stanley Breitweiser included Agnee Brietweiser included Location Coverage Period: 04/01/2023 04/01/2024 Client# 611968-FL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Industrial Shadeports Inc. Coverage is provided for only those co-employees 6600 NW 12th Ave,Suite 220 of,but not subcontractors Fort Lauderdale, FL 33309 to: CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 41� t @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and loao are reaistered marks of ACORD EXHIBIT "A" AGREEMENT FOR HIGGS BEACH PARK BEACH SIDE PLAYGROUND SHADE SAILS HURRICANE IAN REPAIRS Location Map Ifte ffie, Jill IT Odom f >t i r r l r °I k r1K k � MWA � n Project Location 24.54741.25° N, 81.7866803°W Page 42 of 52 Industrial Shadeports Inc 6600 NW 12th Ave, Suite 220 1 htar5 Fort Lauderdale, FL 33309 Aim � , �� 954-755-0661 info@shadeports.com www.Shadeports.com Estimate ADDRESS SHIP TO ESTIMATE# 3117 Tammy Acevedo Higgs Beach Park DATE 01/10/2024 Monroe County Florida Monroe County Florida EXPIRATION DATE 02/09/2024 102050 Overseas Hwy 1000 Atlantic Blvd. Key Largo, FL 33070 Key West, FL 33040 NAME EMAIL PHONE NUMBER Tammy Acevedo acevedo- 305-783-8331 tam my@ monroecounty.gov QTY ACTIVITY DESCRIPTION AMOUNT 1 Replacement Three (3) Shade Sails approx 43'x38'x21' and 30'x28'x17' and 16,701.00T Shade Cover 35'x34'x18' to replace existing damaged shade sails with a new removable, high density polyethylene, UV stabilized woven shadecloth cover. All cables and hardware are included with a replacement sail. Installation and delivery included. Payment Payment due upon completion of work. Price is based on cash or T Terms check payment. Credit card payments will require an additional charge. Delivery 4-6 Weeks after placement of order, receipt of deposit due and/or T permit approval. Price Ask about our Low Price Guarantee! - We will meet or beat any T Guarantee price on the market at the time of order. Delivery Ask about our Quick Delivery Guarantee! -We will meet or beat any T Guarantee delivery time on the market at the time of order Qualifications Industrial Shadeports is the original USA manufacturer and Installer T of Shadeports/Shade Structures/Shade Sails. We have been manufacturing in Broward County and have been installing our own products around the Country, in the Carribbean, and in the Pacific Islands since first introducing the product to the US market in 1993. We have also been manufacturing in Miami-Dade County since 2006. Industrial Shadeports is a Certified General Contractor in the State of Florida Lic#CGC1525577. Industrial Shadeports has Certified Playground Safety Inspectors for all your shade needs. Industrial Shadeports is a Broward County Florida Certified County Business Enterprise (CBE). Industrial Shadeports is a Broward County Florida Certified Small Business Enterprise (SBE). We are also a Palm Beach County Florida Certified Small Business Enterprise (SBE). Miami Dade County provides reciprocity for the SBE Certifications. ACCEPTANCE OF ESTIMATE:The above prices,conditions and SUBTOTAL 16,701.00 specifications are hereby accepted.You are authorized to TAX 0.00 perform the work as specified.All units are custom made and all TOTAL $16 701 .00 sales are final.Payments are to be made promptly as outlines in 7 the estimate.Past due invoices are subject to a 1.5%monthly finance charge. Invoices turned over to a third party for collection are subject to a 33%collection fee plus any other applicable fees. Unit(s)shall remain the property of Industrial Shadeports until the order is paid in full.Florida Sales Tax will be collected if applicable.NOTE:ALL FABRIC MUST BE REMOVED IF AND WHEN A HURRICANE OR SNOW WARNING IS PREDICTED OR POSTED FOR THE AREA. Accepted By Accepted Date EXHIBIT "C" REQUEST FOR SERVICES FOR HIGGS BEACH PARK BEACH SIDE PLAYGROUND SHADE SAILS HURRICANE IAN REPAIRS Davis-Bacon Act- Prevailing Wage Determination Issued by the Department of Labor Page 45 of 52 "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 riot apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1. (a) (2) - (60) JIf the contract is entered Executive Order 14026 into on or after January 30, 1 generally applies to the 12022, or the contract is I contract . Irenewed or extended (e .g . , an 1 . The contractor must pay loption is exercised) on or 1 all covered workers at ( after January 30, 20 I least $16 . 20 per hour (or I the applicable wage rate I listed on this wage I determination, if it is I higher) for all hours I spent performing on the I contract in 2023 . lIf the contract was awarded onl . Executive Order 13658 lor between January 1, 2015 and generally applies to the pJanuary 29, 2022, and the I contract . 1contract is not renewed or 1 . The contractor must pay alll extended on or after January I covered workers at least I 130, 2 0 2 2 $12 . 15 per hour (or the I applicable wage rate listedl on this wage determination, 1 if it is higher) for all hours spent performing on that contract in 2023 . Page 46 of 52 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. 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 'age 47 of 52 REINFORCING . . . . . . . . . . . . . . . . . . . . . . 0 27 . 75 15 . 27 ________________________________________________________________ PAI00365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 2I 12 . 38 ________________________________________________________________ BFFL082l-OOl 07/02/2023 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . - . . . . . . . . , . . . . . , . . . . $ 32 . 03 22 - I5 ________________________________________________________________ SHEEO032-DO3 08/12/2023 Rates Fringes SBEETM2TAL WORKER (BVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 29 . 10 14 . 68 ________________________________________________________________ * B{JFL200g-O59 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 ** 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 +* 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 O - OO LABORER: Common or General . . . . . . $ 8 . 62 ** 0 . 00 LABORER: PipeIayer . . . . . . . . . . . . . . $ I0 . 45 +* 0 . 00 OPERATOR: BackbDe/ExCavator. . . . . $ I6 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 w* 0 , 00 OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11 . 00 +* 0 . 00 PAINTER: Roller and Spray. . . . . . . $ II .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 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 (2 9 C FR 5 . 5 (a) (1) (i i) ) . ---------------------------------------------------------------- Page 49 of 52 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 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 07/01/201,4 . 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 5/1.3/2014 . SU indicates the rates are survey rates based On a weighted average calculation of rates and are riot majority n',)t(.,?s . LA indicate-13 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. Page 50 of 52 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, 100% 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 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 : Foe 51 of 52 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 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 52 of 52