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Item C07
C7 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting February 21, 2024 Agenda Item Number: C7 2023-2063 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Approval of a Second Amendment to Agreement with Miami Dade Pump & Supply Company for Lift Station Maintenance and Cleaning, Upper Keys, for a CPI-U increase of 3%, retroactive to January 1, 2024, and to update certain provisions. This Contract is paid from funds 001 and 147. ITEM BACKGROUND: On January 18, 2023, the BOCC approved a Bid Award Agreement with Miami Dade Pump & Supply Company for Upper Keys Lift Station Maintenance and Cleaning. This is a two (2) year Agreement which will terminate on December 31, 2024. There is an option to renew for up to an additional three (3) one-year periods. The Original Agreement provides that the amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics or 3%, whichever is less, and shall be based upon the CPI-U computation at December 31 of the previous year. The CPI-U for December 31, 2023, was 3.4%, so therefore we are requesting a 3% CPI-U increase with an effective date retroactive to January 1, 2024. This Amendment also updates other County and Federal provisions to bring it current with County, State, or Federal laws. The total annual compensation to the Contractor under this Agreement shall not exceed $42,600.00, unless pre-approved work requiring additional funds is implemented. Staff seeks approval of this Second Amendment as noted herein. All other terms of the Original Agreement, as amended, remain the same. PREVIOUS RELEVANT BOCC ACTION: October 18, 2023 BOCC approved a First Amendment to Agreement with Miami Dade Pump & Supply Company for Upper Keys Lift Station Maintenance and Cleaning to update contract provisions to allow for the option of seeking a proposal/quote from the Contractor only, for Equipment Replacement and Installation in accordance with the current Monroe County Purchasing Policy. 319 January 18, 2023 BOCC approved a Bid Award Agreement with Miami Dade Pump & Supply Company for Upper Keys Lift Station Maintenance and Cleaning for a two (2)year term with additional options to renew. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: This Second Amendment seeks approval to increase the Contract amount by the allowable CPI-U increase of 3%with an effective date retroactive to January 1, 2024, and to update certain other provisions. STAFF RECOMMENDATION: Approval DOCUMENTATION: 02-21-2024-Second Amendment-Miami Dade- UK Lift Stations- (final legal stamped)Partial Exec.pdf 10-18-2023-C6—First Amendment-Miami Dade Pump Supply-Exec.pdf 0 1-18-2023 - Bid Award Agreement - Miami Dade Pump & Supply Co-Exec.pdf C01 - WC - Exp 7-1-24 Miami Dade -Exec.pdf C01 - GL - Exp 5-1-24 - Miami Dade - Exec.pdf 2024 02 C01 Maimi Dade Pump Signed AL exp 08 04 2024-Exec.pdf FINANCIAL IMPACT: Effective Date: Retroactive to 01/01/2024 Expiration Date: 12-31-2024 (if no renewal options are exercised) Total Dollar Value of Contract: $42,600.00 annually as approved in the FY24 Budget Total Cost to County: $42,600.00 annually Current Year Portion: $31,950.00 Budgeted: yes Source of Funds: Funds 001 & 147 CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: N/A 320 County Match: N/A Insurance Required: Yes Additional Details: CPI-U is retroactive to January 1, 2024. 321 SECOND AMENDMENT TO AGREEMENT FOR LIFT STATIONS MAINTENANCE AND CLEANING - UPPER KEYS MONROE COUNTY, FLORIDA This Second Amendment to Agreement is made and entered into this 21 st day of February, 2024, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MIAMI DADE PUMP& SUPPLY COMPANY,a Florida Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose principal address is 7870 NW 62nd Street., Miami, Florida 33166. WHEREAS,the parties hereto did on January 18,2023,enter into an Agreement for Upper Keys Lift Stations Maintenance and Cleaning ("Original Agreement"); and WHEREAS, on October 18, 2023, the Board of County Commissioners ("BOCC") approved a First Amendment to Agreement to add and/or update provisions to allow for the option of requesting a proposal/quote from the Contractor only for Equipment Replacement and Installation in accordance with the current Monroe County Purchasing Policy as approved by the Board of County Commissioners; and WHEREAS, Paragraph 6 of the Original Agreement, as amended, provides that the amount may be adjusted annually in accordance with the percentage change in the U.S.Department of Commerce Consumer Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics, , or 3%, whichever is less, and shall be based upon the CPI-U computation or 3%, whichever is less, at December 31 of the previous year. The CPI-U for December 31, 2023, was 3.4%; and WHEREAS, this Second Amendment to Agreement is to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of three percent (3%), which is the lesser increase, effective retroactive to January 1, 2024; and WHEREAS,the parties have found the Original Agreement to be mutually beneficial; and WHEREAS,the parties find that it would be mutually beneficial to enter into this Second Amendment to Agreement to provide for the annual CPI-U adjustment of three percent (3%), pursuant to the terms of the Original Agreement; NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree to amend the Original Agreement as follows: 1. In accordance with Paragraph 6 of the Original Agreement, as amended, the contract amount may be adjusted annually in accordance with the percentage change in the U.S.Department of Commerce Consumer Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau 322 of Labor Statistics, or 3%, whichever is less, and shall be based upon the CPI-U computation at December 31s of the previous year, or 3%, whichever is less. The CPI-U for December 31, 2023, was 3.4%, therefore the annual CPI-U increase shall be three percent(3%), effective retroactive to January 1, 2024. 2. Sub-paragraphs C and D of Paragraph 5, CONTRACT SUM AND PAYMENTS TO CONTRACTOR, of the Original Agreement, as amended, shall be amended to reflect the above CPI-U increase retroactive to January 1,2024,and increase the annual not-to-exceed compensation amount, as follows: C. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be included in the following amounts of. FACILITY ADDRESS QUANTITY FREQUENCY MONTHLY OF LIFT COST STATIONS Animal Shelter 105951 Overseas One(1) Monthly $$ 154.50 Hwy., Key Largo, FL Quarterly, Bi- 33037 Annual (Twice a Year), and Annual Murray E. 102050 Overseas Two (2) Monthly, $ 309.00 Nelson Hwy., Key Largo, FL Quarterly, Bi- Government 33037 Annual (Twice and Cultural a Year), and Center Annual Friendship 69 Hibiscus Lane, One (1) Monthly, $ 154.50 Park Key Largo, FL 33037 Quarterly, Bi- Annual (Twice a Year), and Annual Key Largo 500 St. Croix Place, Two (2) Monthly, $ 309.00 Community Key Largo, FL 33037 Quarterly, Bi- Park Annual (Twice a Year), and Annual Harry Harris 50 East Beach Road, One (1) Monthly, $ 154.50 Park Tavernier, FL 33070 Quarterly, Bi- Annual (Twice a Year), and Annual Islamorada 81830 Overseas Hwy., One (1) Monthly, $ 154.50 Library Islamorada, FL 33036 Quarterly, Bi- Annual (Twice a Year), and Annual 2 323 Total Annual Cost for Six (6)Locations,Eight(8) Lift Stations is Fourteen Thousand Eight Hundred Thirty Two and 00/100 ($14,832.00) Dollars. Additional Services and Emergency Services, (ex. Post— hurricane cleanup, including all costs associated with equipment, debris removal, and dumping fees): For invoicing purposes, the hours should be calculated in fifteen (15) minute increments. The Application for Payment form, attached to the Original Agreement as Exhibit"B," is incorporated herein, for submission with invoices. Total Hourly Fee for Additional and Emergency Services - (including equipment costs & dumping fees): a) Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: $ 200.85 per hour, technician $ 257.50-per hour, technician plus helper $ 56.65-per hour, technician helper working alone or additional helper b) Overtime rate for hours other than the normal working hours as stated above, including holidays: $ 301.27-ger hour, technician $ 386.25-per hour, technician plus helper $ 84.97 per hour, technician helper working alone or additional helper c) Parts Cost Plus: Contractor shall be allowed Fifteen percent(15%) of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). The County shall pay the actual cost of parts and materials, excluding freight, equipment rental,tax amounts, and services supplied by others purchased from the manufacturer,plus fifteen percent (15%), to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment whether the part is under 3 324 warranty or not. Freight invoices must accompany all orders that require shipping or transportation of parts, whether the part is under warranty or not. D. Total Annual Compensation to Contractor under this Agreement shall not exceed Forty- two Thousand Six Hundred and 00/100 ($42,600.00) Dollars annually, unless pre- approved work requiring additional funds is implemented. Additional services and emergency services shall be performed in accordance with the rates as set forth and described herein, but such work must be pre-approved. All other provisions in Paragraph 5 of the Original Agreement remain the same. 3. Paragraph 14,NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY of the Original Agreement, as amended, is hereby amended to replace the first paragraph only with the following: 14. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 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 VII 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 in employment on the basis of race, color, religion, sex or national origin; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794),which prohibits discrimination on the basis of disability; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91-616),as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,. ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990(42 USC s. 12101 Note),as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. All other provisions of Paragraph 1.4 as set forth in the Original Agreement remain the same. 4 325 4. Paragraph 21, TERMINATION, of the Original Agreement, is hereby amended to delete the current Paragraph 21. F. and replace in its entirety Sub-paragraph F. only of Paragraph 21 with the following paragraph: F. For Contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, the County shall have the option of (1) immediately 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 187.135(5)(a), Florida Statutes, or (2) maintaining the Agreement at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria,the County shall have the option of(1) terminating the Agreement, or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4),Florida Statutes, are met. All other provisions of Paragraph 21 as set forth in the Original Agreement remain the same. 5. Paragraph 38, PUBLIC ENTITY CRIME STATEMENT of the Original Agreement, is hereby amended to delete the current Paragraph 38,as set forth therein, and replace it in its entirety with the following paragraph: 38. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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, proposals, or replies 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." 6. Paragraph 44.1, Davis-Bacon Act, of the Original Agreement, is amended to only reflect an updated Davis-Bacon Wage Determination Statement dated January 5, 2024,which is attached hereto as "Exhibit C - Revised" and made a part hereof. All other provisions of Paragraph 44.1 remain the same. 7. The heading of Paragraph 44.7, Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. §200 322, of the Original Agreement, is hereby amended to correct the heading of the current Paragraph 44.7, as set forth therein, and replace the heading in its entirety 5 326 to indicate the correct citation and reflect the new heading as Compliance with Procurement of Recovered Materials as set forth in 2 C-F-IR,.§200.323,with the paragraph itself to remain the same. 8. Except as set forth in Paragraphs I through 7 of this Second Amendment to Agreement, in all other respects,the terms and conditions set forth in the Original Agreement,as amended,remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 6 327 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Date: Witnesses for CONTRACTOR: CONTRACTOR: MIAMI DADE PUMP & SUPPLY COMPANY z- Signature of person authorized to ign ure legally bind CONTRACTOR Date: L( Date Print Name Print Name and Title Address: ii ature R Q 15-1-31 Telephone Number Date Print Name MONROECOUNWAITORNEY'S OFFICE UEDASTO 7 PATROIA EkEILES ASSISTANT�OUWY ATTORNEY 05J --Q2,1L2102-4--, 328 EXHIBIT C - REVISED Davis-Bacon Wage Determination Statement 329 2/5/24, 12:51 PM SAM.gov "General Decision Number: FL2O24OO22 01/12/2024 Superseded General Decision Number: FL2O23OO22 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). JIf the contract is entered � . Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at lafter January 30, 2022: least $17.20 per hour (or I I the applicable wage rate I I listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. JIf the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the January 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 1 130, 2022: $12.90 per hour (or the applicable wage rate listed) on this wage determination, 1 if it is higher) for all hours spent performing on that contract in 2024. 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 1 01/12/2024 https://sam.gov/wage-determination/FL20240022/1 1/5 330 2/5/24, 12:51 PM SAM.gov ELEC0349-003 09/01/2023 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 39.81 14.62 ----------------------------------------------------------- ENGI0487-023 07/01/2023 Rates Fringes OPERATOR: Crane All Cranes 75 Tons and below. . . . . . . . .. . .. . . . . . . . . . .$ 37.07 14.90 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes. . . . . . . . . . .. . . . . .$ 40.40 14.90 Cranes 130-300 Ton. . . . . . . . . .$ 39.38 14.90 Cranes 76 ton to 129 Ton. . . .$ 37.57 14.90 ---------------------------------------------------------------- IRON0272-004 10/01/2023 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . .. .$ 27.75 15.27 ---------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . .. . .$ 20.21 12.38 ---------------------------------------------------------------- * SFFL0821-001 01/01/2024 Rates Fringes SPRINKLER FITTER (Fire Sprinklers). . . . . . .. .. . . . . . . . . .. . .$ 32.03 22.71 ---------------------------------------------------------------- SHEE0032-003 08/12/2023 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation). . . . . . . . . . . . . . . . . . . .$ 29.10 14.68 ---------------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.08 ** 5.07 CEMENT MASON/CONCRETE FINISHER.. .$ 12.45 ** 0.00 FENCE ERECTOR. . . . . . . . . . . . . . .. . .. .$ 9.94 ** 0.00 LABORER: Common or General. . . .. .$ 8.62 ** 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 10.45 ** 0.00 OPERATOR: Backhoe/Excavator. . . . .$ 16.98 ** 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete). . . . . . .. .$ 9.58 ** 0.00 https://sam.gov/wage-determination/FL20240022/1 215 331 2/5/24, 12:51 PM SAM.gov OPERATOR: Pump. . . .. . . . . . . . . .. . . .$ 11.00 ** 0.00 PAINTER: Roller and Spray. . .. . . .$ 11.21 ** 0.00 PLUMBER. . . . . . . . . . . .. . .. . . . . . .. .. .$ 12.27 ** 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. .. . . . . . .. .. . .. . . . .. .. .$ 14.33 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 14.41 ** 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . .. . . . . .$ 8.00 ** 0.15 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. 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 (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- 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 https:/Isam.gov/wage-determination/FL20240022/1 3/5 332 2/5/24, 12:51 PM SAM.gov 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-OOS 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 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. ---------------------------------------------------------------- https://sam.gov/wage-determination/FL20240022/1 4/5 333 2/5/24, 12:51 PM SAM.gov 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: 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" https://sam.gov/wage-determination/FL20240022/1 5/5 334 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 26, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: October 18, 2023 BOCC Meeting The following item has been executed and added to the record: C6 1 st Amendment to Agreement with Miami Dade Pump & Supply Company for Lift Station Maintenance and Cleaning, Upper Keys, to add and/or update a contract provision to allow for the option of Equipment Replacement and Installation by seeking a proposal/quote only from the Contractor, in accordance with the current Monroe County Purchasing Policy. This Contract is paid from funds 001 and 147. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 335 FIRST AMENDMENT TO AGREEMENT FOR LIFT STATIONS MAINTENANCE AND CLEANING ® UPPER KEYS MONROE COUNTY, FLORIDA . This First Amendment to Agreement is made and entered into this 18th day of October, 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MIAMI DADE PUMP& SUPPLY COMPANY,a Florida Profit Corporation,authorized to do business in the State of Florida, ("CONTRACTOR"), whose principal address is 7870 NW 62'd Street., Miami, Florida 33166. WHEREAS,the parties hereto did on January 18,2023,enter into an Agreement for Upper Keys Lift Stations Maintenance and Cleaning ("Original Agreement"); and WHEREAS, the pat-ties desire to amend the Original Agreement to add and/or update provisions to allow for the option of requesting a proposal/quote from the Contractor only for Equipment Replacement and Installation in accordance with the current Monroe County Purchasing Policy as approved by the Board of County Commissioners; and WHEREAS,the parties have found the Original Agreement to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this First Amendment to Agreement to add or update the contract provision as set forth herein; NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below,the parties agree as follows: 1. The section titled, MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN, in Paragraph 5. E. of the Original Agreement is hereby amended to delete Paragraph 5. E., as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: Major Component Failure or System Breakdown E. In the event a Lift Station System or any of its major components or parts need to be replaced or repaired due to a major component failure or system breakdown,the County shall have the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation thereto.Approval of such proposal s/quotes shall follow the Current Monroe County Purchasing Policy. 336 There shall be no additional charges to the County for travel, mileage, meals, or lodging. Contractor shall submit proposals for services costing $1,000 or more and itemized invoices in writing. All other provisions of Paragraph 5 remain the same. 2. The section titled, Major Component Failure or System Breakdown, within the paragraph designated as Specifications and Payments to Contractor in Exhibit "A" to the Original Agreement is also hereby amended to delete the same Major Component Failure or System Breakdown section as set forth in Exhibit"A" and replace it in its entirety with the new Major Component Failure or System Breakdown Paragraph as set forth in Paragraph I herein. 3. Except as set forth in Paragraphs I and 2 of this First Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 2 337 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and year first written above in one (1) counterpart, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. L BOARD OF COUNTY COMMISSIONERS MADOK, CLERK OF MONROFACOUNTY, FLORIDA Q7, By -doo s D4tyCIerY,,' 7a—yoT Date: 0 1 1 -2,(2-2:3 Witnesses for CONTRACTOR: CONTRACTOR: MIAMI DADE PUMP PPLY COMPANY Signature of person: -authorized to regna r legally bind CONTRACTOR Date: / q -7 3 1-(—Z 2 V Date Print Name Print Name and Title Address: 9 Signature Telephone Number 10Lq1q--3 Date Print Name MONROE COUNN AM- SNEV'S OFFICE 3 EDASTO 0 M PATRICIA LES A T DATE: 338 A�" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) O8/04/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 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 Mann Morin NAME: y tote Mein Manny Morin PHONE Ext: 305-598-5821 FAX No: f E-MAIL 10651 North Kendall Drive Suite 111 ADDRESS: manny.morin.lr8t@statefarm.com INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33176 INSURERA: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B: MIAMI-DADE PUMP&SUPPLY CO INSURER 7 11425 SW 99TH CT INSURER D: INSURER E: MIAMI FL 331764166 INSURERF: COVERAGES CERTIFICATE NUMBER: 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 ADD SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYY MM/DD/YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DA CLAIMS-MADE 1:1OCCUR PREM SESOEa occurDrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY K59 4923-B04-59L EOa acciden)EDtSINGLE LIMIT $ 1 000 000 08/04/2023 02/04/2024 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y N BODILY INJURY AUTOS ONLY AUTOS (Per accident) $ X HIRED NON-OWNED AUTOS ONLY X AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED FTRETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER $ ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ww 8.15.23 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 AUTHORIZED REPRESENTATIVE Key West 33040 R G This form was system-generated on 08/04/2023 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 2005 155279 205 01- 339 AC'C)R" CERTIFICATE OF LIABILITY INSURANCE DATE (MM O6/28/2023 YYW) l �- 23 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 Marsh Affinity y PHONE Marsh Affinity (A/C, o,Ext): 8007438130 FAX No): a division of Marsh USA LLC. E-MAIL ADPTotalSource@marsh.com PO BOX 14404 ADDRESS: Des Moines,IA 50306-9686 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Illinois National Ins Co 23817 INSURED INSURER B: ADP TotalSource CO XXI,Inc. INSURER C: 5800 Windward Parkway INSURER D: Alpharetta,GA 30005 Alternate Employer: INSURER E: Miami Dade Pump&Supply Company INSURER F: 7870 NW 62ND ST Miami,FL 331660000 COVERAGES CERTIFICATE NUMBER: 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 TYPEOFINSURANCE ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYW) (MM/DD/YYW) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑OCCUR DAMAGE TO RENTED $ PREMISES Ea occurrence MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ POLICY PELT LOC By ,.....l� n (, PRODUCTS-COMP/OP AGG $ OTHER: DATE 6/30/2023 $ AUTOMOBILE LIABILITY WAIVER N/A YES COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OH- EMPLOYERS'LIABILITY Y/N X STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A WC 034274994 FL 07/01/2023 07/01/2024 A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) All worksite employees working for Miami Dade Pump&Supply Company paid under ADP TOTALSOURCE, INC.'s payroll,are covered under the above stated policy.Miami Dade Pump&Supply Company is an alternate employer under this policy. CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC 1100 SIMONTON STREET SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE KEY WEST,FL 33040 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O ACORD 25(2016/03) ©1988-2015 ACORD CORPOP6XION.All rights reserved. The ACORD name and logo are registered marks of ACORD 340 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 6/28/2023 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 NAME: STEPHEN M. DENKERT Butler, Buckley, Deets, Inc. PHONE FAX 6505 Blue Lagoon Drive A/C No Ext: 17862161778 A/C,No):305-262-0187 E-MSuite 250 ADDRESS: MARIANA@BBDINS.COM Miami FL 33126 INSURER(S)AFFORDING COVERAGE NAIC# wsURERA: MONROE GUARANTY INS. CO. 32506 INSURED MIAMDAD-01 INSURERB: National Trust Ins Co 20141 MIAMI DADE PUMP&SUPPLY Co. DBA MIAMI PUMP&SUPPLY INSURERC: 7870 NW 62ND STREET INSURERD: MIAMI FL 33166-3539 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1993247357 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 MM/DD A X COMMERCIAL GENERAL LIABILITY Y GL100042418-05 5/1/2023 5/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $2,000,000 PRO- POLICY Ln JECT LOC By .a., .r . .w,_.....„„ =�'.,, �'r�"�* PRODUCTS-COMP/OP AGG $2,000,000 OTHER: DATE 61*2023 $ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ WAIVER NIA YES Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR UMB100023933-06 5/1/2023 5/1/2024 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1 n nnn $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate holder is indicated as additional insured with respect to General Liability when required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 341 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: January 25, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: January 18th BOCC Meeting The following item has been executed and added to the record: C7 Agreement with Miami Dade Pump & Supply Company for Lift Station Maintenance and Cleaning, Upper Keys. This contract is paid from funds 001 and 147. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 342 AGREEMENT FOR LIFT STATIONS MAINTENANCE AND CLEANING- UPPER KEYS MONROE COUNTY, FLORIDA This Agreement is made and entered into this 18th day of January, 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MIAMI DADE PUMP &SUPPLY COMPANY, a Florida Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose principal address is 7870 NW 62nd Street., Miami, Florida 33166. WHEREAS, COUNTY desires to contract for the performance of the work or services described in Exhibit "A"; and WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in attached Exhibit "A"; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the work or services described in attached Exhibit "A" for Monroe County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the Request for Proposals ("RFP") documents, exhibits, and any addenda only. 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and / or services shown and listed in Exhibit "A", which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated, or as amended throughout the term of this Agreement. The Contractor shall be responsible for the scheduling of services required per the Scope of Work, so as each task is satisfactorily completed. 3. PERSONNEL Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor must assure that at least one (1) of its personnel per site and/or location can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee 1 343 and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations, DEP regulations, and all other applicable local, State, and Federal regulations. The Contractor shall be available twenty-four (24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be at the site of an alarm malfunction within four (4) hours of verbal, email, or text notification by the County. The Contractor shall provide an after-hours contact person and phone number. The County, upon award of the contract, shall provide a contact person and phone number for building and equipment access. Uniforms are preferred for Contractor's personnel; however, photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 4. BACKGROUND CHECKS/ FINGERPRINTING Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay, worker's compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local Records check; D. Prior employment check; and E. Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriff's Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. 2 344 If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR A. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners ("BOCC"). County shall pay in accordance with the Florida Local Government Prompt Payment Act and Monroe County Code; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices for its monthly services with supporting documentation acceptable to the Clerk. The Monthly costs shall include the Monthly, Quarterly, Bi-Annual (Twice a Year), and Annual Inspections. Such invoices shall be submitted monthly in arrears, with such services to be paid annually in twelve (12) equal monthly installments. Contractor shall submit to County invoices no later than twenty-five (25) days after inspections/repairs with supporting documentation acceptable to the Clerk. Monthly, Quarterly, Bi-Annual (Twice a Year), and Annual inspections shall be submitted in arrears with supporting reports. If any major deficiencies are found, the County must be notified in writing within forty-eight (48) hours, otherwise reports must be submitted within fifteen (15) days of inspection date. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. 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. Monroe County's Fiscal Year is October 1st through September 301h. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. C. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be included in the following amounts of: FACILITY ADDRESS QUANTITY FREQUENCY MONTHLY COST OF LIFT STATIONS Animal Shelter 105951 Overseas Hwy., One (1) Monthly, $ 150.00 Key Largo, FL 33037 Quarterly, Bi- Annual (Twice 3 345 a Year), and Annual Murray E. 102050 Overseas Hwy. Two (2) Monthly, $ 300.00 Nelson Key Largo, FL 33037 Quarterly, Bi- Government Annual (Twice and Cultural a Year), and Center Annual Friendship Park 69 Hibiscus Lane, One (1) Monthly, $ 150.00 Key Largo, FL 33037 Quarterly, Bi- Annual (Twice a Year), and Annual Key Largo 500 St. Croix Place, Two (2) Monthly, $ 300.00 Community Key Largo, FL 33037 Quarterly, Bi- Park Annual (Twice a Year), and Annual Harry Harris 50 East Beach Road, One (1) Monthly, $ 150.00 Park Tavernier, FL 33070 Quarterly, Bi- Annual (Twice a Year), and Annual Islamorada 81830 Overseas Hwy., One (1) Monthly, $ 150.00 Library Islamorada, FL 33036 Quarterly, Bi- Annual (Twice a Year), and Annual Total Annual Cost for Six (6) Locations, Eight (8) Lift Stations is Fourteen Thousand Four Hundred and 00/100 ($14,400.00) Dollars. Additional Services and Emergency Services, (ex. Post— hurricane cleanup, including all costs associated with equipment, debris removal, and dumping fees): For invoicing purposes, the hours should be calculated in fifteen (15) minute increments. The Application for Payment form is attached hereto as Exhibit "B" and made a part hereof for submission with invoices. Total Hourly Fee for Additional and Emergency Services - (including equipment costs & dumping fees): a) Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: $ 195.00 per hour, technician $ 250.00 per hour, technician plus helper $ 55.00 per hour, technician helper working alone or additional helper 4 346 b) Overtime rate for hours other than the normal working hours as stated above, including holidays: $ 292.50 per hour, technician $ 375.00 per hour, technician plus helper $ 82.50 per hour, technician helper working alone or additional helper c) Parts Cost Plus: Contractor shall be allowed Fifteen percent (15%) of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). The County shall pay the actual cost of parts and materials, excluding freight, equipment rental, tax amounts, and services supplied by others purchased from the manufacturer, plus fifteen percent (15%), to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment whether the part is under warranty or not. Freight invoices must accompany all orders that require shipping or transportation of parts, whether the part is under warranty or not. D. Total Compensation to Contractor under this Agreement shall not exceed Forty Thousand and 00/100 ($40,000.00) Dollars annually, unless pre-approved work requiring additional funds is implemented. Additional services and emergency services shall be performed in accordance with the rates as set forth and described herein, but such work must be pre-approved. E. Major Component Failure or System Breakdown - In the event of a maintenance service or other Lift Station repairs, not contemplated herein as set forth on Exhibit "A", the County shall have the option to request from the Contractor only, a proposal/quote for the additional emergency work in an amount that could exceed Five Thousand and 00/100 ($5,000.00) Dollars. Any proposal over Five Thousand and 00/100 ($5,000) Dollars, up to and including Ten Thousand and 00/100 ($10,000.00) Dollars, must be approved and signed by the Division Director and/or the County Administrator. Any proposal over Ten Thousand and 00/100 ($10,000.00) Dollars, up to and including Forty-nine Thousand Nine Hundred Ninety-nine and 99/100 ($49,999.99) Dollars, must be approved and signed by the Division Director and the County Administrator. There shall be no additional charges to the County for travel, mileage, meals, or lodging. Contractor shall submit proposals for services costing$1,000 or more and itemized invoices in writing. 5 347 6. TERM OF AGREEMENT This two (2) year Agreement shall commence retroactive to January 1, 2023, and ends upon December 31, 2024, unless terminated earlier under paragraph 21 of this Agreement. The County shall have the option to renew this Agreement for up to an additional three (3) one-year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of two (2) years. The County is not required to state a reason if it elects not to renew. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) or 3%, whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation or 3%, whichever is less, at December 31 of the previous year. 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS 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 five (5) years from the submission of the final expenditure report as per 2 CFR§200.33, if applicable,whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. 9. RIGHT TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County'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 County's representative and/or agents 6 348 or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Fla. Stat., running from the date the monies were paid to Contractor. The right to audit provisions survive the termination of expiration of this Agreement. 10. PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by 7 349 the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470, BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. 11. HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE 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, recklessness, intentional wrongful misconduct, errors or other wrongful act or 8 350 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 any of its employees, agents, contractors, or invitees (other than Contractor). The monetary limitation of liability under this Agreement 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 this paragraph. 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. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this Agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided,the minimum acceptable limits are $200,000.00 per person, $300,000.00 per occurrence, and $200,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if 9 351 requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS CERTIFICATE HOLDER AND ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 12. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. 13. INDEPENDENT CONTRACTOR At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 14. NONDISCRIMINATION/ EQUAL EMPLOYMENT OPPORTUNITY 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 I of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color 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 handicaps; 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, 10 352 relating to confidentiality of alcohol and drug abuse patient records; 8)Title VI I I of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated 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. 11 353 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's noncompliance 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 provisions 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. 15. ASSIGNMENT/SUBCONTRACT Contractor shall not assign or subcontract its obligations under this Agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into 12 354 any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 16. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 17. DISCLOSURE AND CONFLICT OF INTEREST Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. 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. No Solicitation/Payment. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 18. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13 355 19. NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the COTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Miami Dade Pump&Supply Company Facilities Maintenance Department NW 62nd Street 123 Overseas Hwy., Rockland Key Miami, Florida Key West, FL 33040 and Monroe County Attorney 1111 121h Street, Suite 408 Key West, FL 33040 20. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 21. 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 ninety (90) 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 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' written notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, 14 356 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 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 ninety (90) days' written notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion 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. E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 22. GOVERNING LAW, VENUE, AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the 15 357 enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 23. MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 24. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 25. ATTORNEYS FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 26. 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. The Contractor and County Representative shall try to resolve the claim or dispute with meet and confer sessions. 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. 16 358 This provision does not negate or waive the provisions of Paragraph 14 or Paragraph 21 concerning termination or cancellation. 27. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate,to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 28. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 29. AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily, and with advice of counsel. 30. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement.Any conditions imposed as a result of funding that affect the Project will be provided to each party. 31. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 32. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely 17 359 performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 33. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 34. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, Non- Collusion Statement, and a Drug-Free Workplace Statement, as set forth within this RFP. 35. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 37. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 38. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract 18 360 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." 39. MUTUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 40. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 41. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 42. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 43. AGREEMENTS WITH SUBCONTRACTORS In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his/her subcontractors shall include the County as an additional insured. 44. FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 44.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant 19 361 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, a copy of which is attached hereto as Exhibit "C" and made a part hereof. 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) Contractor. The contractor shall comply with U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis-Bacon Act 20 362 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. 44.2 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 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 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. I n the event of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, 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 29 C.F.R. §5.5, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject 21 363 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). 44.3 Rights to Inventions Made Under a Contract orAgreement. 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 C.F.R. 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. 44.4 Clean Air Act(42 U.S.C. 447401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 441251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251- 1387), as amended, applies to Contracts and subgrants of amounts in excess of$150,000. 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/Federal agency. The Contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. §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 ...................................sa.irm„I,,,g �y. 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. 22 364 §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 44.6 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 certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto and made a part hereof, must be signed and submitted by the CONTRACTOR to the COUNTY. 44.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. 200.322. CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, 23 365 https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 44.8 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. & 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. 44.9 Domestic Preference for Procurements as set forth in 2 C.F.R. 4200.322. The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 44.10 Americans with Disabilities Act of 1990, as amended (ADA). 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 24 366 thereto. 44.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this 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 in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS A. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. B. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. OTHER FEDERAL AND/OR FEMA REQUIREMENTS (as applicable) 44.12 Access to Records. Contractor/Consultant and their 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/Consultants 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 25 367 other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; (3)Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 44.13 DHS Seal, Logo, and Flags. Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 44.14 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 44.15 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. 44.16 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. 44.17 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. 44.18 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term 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 employment eligibility of all new employees hired by the subcontractor during the Contract term. 44.19 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the Contractor will be bound by the terms and conditions of any applicable Federally-Funded Sub-Award and Grant Agreement between the County and the Florida Division of Emergency Management (Division). 44.20 If applicable, 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. 44.21 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and will all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 26 368 45. Florida E-Verify System — Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. 46. UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 47. WARRANTY OF PERFORMANCE Contractor represents and warrants that it possesses the knowledge, skill, experience, and financial responsibility required to perform and provide all services set forth in the Scope of Work and that each person and entity that will provide services is duly qualified to perform such services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render such services. Contractor represents and warrants that the services in the Scope of Work shall be performed in a skillful and respectful manner, and that the quality of all such services shall equal or exceed prevailing industry standards for the provision of such services. 48. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with 27 369 reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 49. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 28 370 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and year first written above in one(1)counterpart, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. A IN- PAQ BOARD OF COUNTY COMMISSIONERS t - MADO ra K, CLERK OFMONR 4 UNTY, FLQRIDA N'� r7 By: y- . -- --------- �x' M'DepJty Clerk U Mayor Date: Witnesses for CONTRACTOR: CONTRACTOR: MIAMI DADE PUMP& SUPPLY COMPANY Signature of person authorized to F-35-0—na Wtr legally bind CONTRACTOR Date: Date Print Name Print Name and Title it M&& /av ate- Address- r)0 Signature 3, i -'7 S I- Telephone Number Aawl; CZ Dates c,,Print Name do 42E :yam MONROE COUITIYAWORNEY',$OFFICE �Me T!01 0 M S to E U. Vwca PATRICIA MLES ASMST r-ORNE"Y DATO., fM n/ 672 29 371 EXHIBIT "A" SCOPE OF WORK LIFT STATIONS MAINTENANCE AND CLEANING- UPPER KEYS MONROE COUNTY, FLORIDA Introduction: Lift Station operation is usually automated and does not require continuous on-site operator presence. Frequent inspections are recommended to ensure normal functioning and to identify potential problems. Lift Station inspections typically include observation of pumps, motors, and drives for unusual noise,vibration,heating and leakage; check of pump suction and discharge lines for valving arrangement and leakage; check of control panel switches for proper position; monitoring of discharge pump rates and pump speed; and monitoring of the pump suction and discharge pressure. Inspection frequency depends on the size of the lift station. The most labor- intensive task for Lift Stations is routine preventative maintenance. A well-planned maintenance program for lift station pumps prevents unnecessary equipment wear and downtime. Scope of Work: Monthly Inspection: • Visually inspect the Lift Stations for vandalism • Clean up any trash or debris • Record pump hours for each pump • Run each pump by hand/manual control and watch level control go up and down to ensure pumps are operating properly • Wash down wet well • Place pump controls back in auto position prior to leaving station • Test all panel lights and change as needed to ensure proper operation • Inspection of the light and alarm systems should be performed monthly • Amp and vibration readings should be taken at least once a month on each motor • Test all floats in Lift Station, test amperage and voltage • Check condition of wiring • Check condition of panel • Lock up Station • Complete all required paperwork Quarterly Inspection: • Inspection of pumps (submersible and dry) should be performed • Inspection of the impeller should be performed quarterly or when motor hours are not within 10 percent(10%) of each other 372 • Cleaning and inspections of floats should be performed quarterly to assure proper performance Bi-Annual(Twice a Year)Inspection: • Wet wells should be pumped out and cleaned at least twice a year or more often, if necessary, to prevent solids and grease buildup • Inspection of the check valves should be performed at least twice a year Annual Inspection: • An annual inspection of all electrical motor control equipment should be performed to find poor connections and worn parts. This inspection should include infrared testing and panel maintenance. Contractor is to provide all labor, supervision, equipment, parts, tools, transportation, chemicals for odor control, service incidentals, supplies, and permits for Lift Station Maintenance and Cleaning, Preventive Maintenance, Repair, and Emergency Service Calls for various locations in the Upper Keys. Contractor is required to provide for the inspection,testing,maintenance, cleaning, odor control and repairs and schedules as well as keeping the equipment in proper operating condition to protect against unpredictable repair expenditures as well as ensure reliability and efficiency. The Contractor shall be available twenty-four (24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be at the site of the Lift Station malfunction within four (4) hours of verbal, email, or text notification by the County. The Contractor shall provide an after- hours contact person and phone number. The County, upon award of the contract, shall provide a contact person and phone number for building and equipment access. Contractors shall be familiar with the Lift Station locations in the Upper Keys, Monroe County, and primarily the following locations: Animal Shelter 105951 Overseas Hwy., Key Largo, FL 33037 One (1) lift station Murray E Nelson Government and Cultural Center 102050 Overseas Hwy., Key Largo, FL 33037 Two (2) lift stations Friendship Park 69 Hibiscus Lane Key Largo, FL 33037 One (1) lift station 373 Key Largo Park 500 St. Croix Place Key Largo, FL 33037 Two (2) lift stations Harry Harris Park 50 East Beach Road Tavernier, FL 33070 One (1) lift station Islamorada Library 81830 Overseas Hwy. Islamorada, FL 33036 One (1) lift station Specifications and Payments to Contractor: The Contractor's services shall comply with all Department of Environmental Protection (DEP) rules, Florida Statutes, County, and Local regulations pertaining to the operation and maintenance of the Lift Station Systems. The Contractor shall make repairs as necessary to assure that the Lift Stations are operating efficiently, reliably, and in accordance with all requirements of the DEP. Bid prices shall include a complete program including inspection, testing, maintenance, cleaning and repairs in accordance with all guidelines issued per the adopted DEP rules and regulations for the facilities listed in the Scope of Work. 1. The Contractor shall provide the inspection schedule and coordinate all inspections with Facilities Maintenance, Upper Keys Building Administrator, Robert Glassmer. 2. The Contractor shall document each on-site service call or inspection listing the below information and provide Contract Monitor with a copy: a. the inspection date b. time c. location d. initials of person performing inspection e. equipment identification f. work performed g. meter readings for each pump h. flow reading for each pump i. any special instructions j. furnish a brief description of activity k. general appearance 1. any maintenance done to the Lift Station m. date of pump and equipment calibrations n. pump ratings in gallons per minute o. power usage (if available) 374 3. The Contractor shall include written findings, corrective actions, and recommendations within the Monthly Inspection Reports. Whenever permitting and/or engineering services are required for repairs/replacements, the Contractor shall submit to the County the Contractor's actual certified documented costs for such services and shall invoicethe County for reimbursement of only suchcost. 4. All documentation shall be submitted by the Contractor to the Monroe County Facilities Maintenance Contract Monitor with the Contractor's invoice for payment of Lift Stations maintenance and cleaning. 5. Additional or Emergency Services, when requested by the County, the Contractor shall advise and recommend in a written Proposal to the County any needed improvements. After County approval with written Notice to Proceed is given, the services will commence. Upon completion,the Contractor shall invoice the County at the fee schedule rates as specified in the Agreement on the Application for Payment Details Form (Exhibit B). Major Component Failure or System Breakdown In the event of a maintenance service or other Lift Station repairs, not contemplated herein as set forth on Exhibit "A", the County shall have the option to request from the Contractor only, a proposal/quote for the additional emergency work in an amount that could exceed Five Thousand and 00/100 ($5,000.00) Dollars. Any proposal over Five Thousand and 00/100 ($5,000) Dollars, up to and including Ten Thousand and 00/100 ($10,000.00)Dollars, must be approved and signed by the Division Director and/or the County Administrator. Any proposal over Ten Thousand and 00/100 ($10,000.00)Dollars,up to and including Forty-nine Thousand Nine Hundred Ninety-nine and 99/100 ($49,999.99) Dollars, must be approved and signed by the Division Director and the County Administrator. There shall be no additional charges to the County for travel, mileage, meals, or lodging. Contractor shall submit proposals for services costing$1,000 or more and itemized invoices in writing. 1. Requirements of Contractor a) Perform Monthly, Quarterly, Bi-Annual (Twice a Year) and Annual Inspections at the following locations: The Contractor proposes said services on a per month basis for each of twelve (12) months. The Monthly cost should include the cost of the monthly, quarterly,bi-annual (twice a year)and annual inspections. The Contractor shall invoice Monroe County Facilities Maintenance Department monthly for Lift Station Maintenance and Cleaning services performed under the Scope of Work contained herein for locations, including, but not limited to, the following: 375 FACILITY ADDRESS QUANTITY FREQUENCY OF LIFT STATIONS Animal Shelter 105951 Overseas Hwy., One (1) Monthly, Key Largo, FL 33037 Quarterly, Bi- Annual (Twice a Year), and Annual Murray E. 102050 Overseas Hwy., Two (2) Monthly, Nelson Key Largo, FL 33037 Quarterly, Bi- Government Annual (Twice and Cultural a Year) and Center Annual Friendship Park 69 Hibiscus Lane, One (1) Monthly, Key Largo, FL 33037 Quarterly, Bi- Annual (Twice a Year) and Annual Key Largo 500 St. Croix Place, Two (2) Monthly, Community Key Largo, FL 33037 Quarterly, Bi- Park Annual (Twice a Year) and Annual Harry Harris 50 East Beach Road, One (1) Monthly, Park Tavernier, FL 33070 Quarterly, Bi- Annual (Twice a Year) and Annual Islamorada 81830 Overseas Hwy., One (1) Monthly, Library Islamorada, FL 33036 Quarterly, Bi- Annual (Twice a Year) and Annual The County shall pay the actual cost of parts and materials, excluding freight, equipment rental, tax amounts,and services supplied by others purchased from the manufacturer,plus fifteen percent (15%), to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment whether the part is under warranty or not. Freight invoices must accompany all orders that require shipping or transportation of parts, whether the part is under warranty or not. Contractor shall submit to County invoices no later than twenty-five (25) days after inspections/repairs with supporting documentation acceptable to the Clerk. Monthly, Quarterly, Bi-Annual (Twice a Year) and Annual inspections shall be submitted in arrears with supporting reports. If any major deficiencies are found, the County must be notified in writing within forty- eight(48) hours, otherwise reports must be submitted within fifteen (15) days of inspection date. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an 376 appropriate County representative, to be paid at the earliest date possible following completion of the repair. 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. Monroe County's Fiscal Year is October 1"through September 301h. All outstanding invoices must be submitted for payment within ten(10)days of the end of the Fiscal Year to avoid non-payment for those services. 377 EXHIBIT B: APPLICATION FOR PAYMENT DETAILS 378 APPLICATION FOR PAYMENT DETAILS DATE: INVOICE NUMBER: ARRIVAL TIME: DEPARTURE TIME: LOCATION: ROUTINE: REPAIR: PARTS AND MATERIALS COSTS ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL 1 2 3 4 5 PARTS&MATERIALS SUB-TOTAL $ 15%INCREASE ON ABOVE PARTS&MATERIALS $ SERVICES SUPPLIED BY OTHERS(amount charged to be reimbursed) $ FREIGHT CHARGE(amount charged to be reimbursed) $ TAX CHARGES (amount charged to be reimbursed) $ PARTS &MATERIALS TOTAL $ LABOR (rounded to 15 minute increments) AND EQUIPMENT COSTS Regular HOURS Technician (a $ SUB-TOTAL $ Regular HOURS Technician&Helper$ SUB-TOTAL $ Regular HOURS Helper alone or additional Helper $ SUB-TOTAL $ Overtime HOURS Technician(a $ SUB-TOTAL $ Overtime HOURS Technician&Helper $ SUBOTOTAL $ Overtime HOURS Helper alone or additional Helper $ SUB-TOTAL $ LABOR AND EQUIPMENT TOTAL $ TOTAL$ DESCRIPTION OF WORK: Date Authorized Signature/Title *Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts&materials,freight for transportation/shipping costs,equipment rental amounts,taxes,and services supplied by others. 379 EXHIBIT C: DAVIS-BACON WAGES STATEMENT "General Decision Number: FL20220022 07/01/2022 Superseded General Decision Number: FL20210022 State : Florida Construction Type : Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658 . Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - (60) . lIf the contract is entered 1 . Executive Order 14026 linto on or after January 30, 1 generally applies to the 380 12022, or the contract is I contract . 1 Irenewed or extended (e .g. , an 1 . The contractor must pay 1 ( option is exercised) on or I all covered workers at 1 ( after January 30, 2022 : 1 least $15 . 00 per hour (or 1 I I the applicable wage rate 1 I I listed on this wage 1 I I determination, if it is 1 I I higher) for all hours 1 I I spent performing on the 1 I I contract in 2022 . 1 I I I lIf the contract was awarded onl . Executive Order 13658 1 for between January 1, 2015 andl generally applies to the 1 IJanuary 29, 2022, and the I contract . 1 Icontract is not renewed or 1 . The contractor must pay alll lextended on or after January I covered workers at least 1 130, 2022 : 1 $11 . 25 per hour (or the I I I applicable wage rate listed ) I I on this wage determination, ) I I if it is higher) for all I I I hours spent performing on I I I that contract in 2022 . 1 1 1 1 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 381 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 g o v/to g e ri(: ::a/ �l:i.c?./r cr v r ri rrr ri l coril-.r...acl-.'s . ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Modification Number Publication Date 0 01/07/2022 1 01/14/2022 2 02/25/2022 3 07/01/2022 ELEC0349-003 09/01/2021 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72 ---------------------------------------------------------------- ENG10487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard Crane, Hydraulic 382 Crane, Capacity 15 Ton and Under. . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 ---------------------------------------------------------------- IRON0272-004 10/01/2021 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 26 . 00 14 . 16 ---------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38 ---------------------------------------------------------------- * SFFL0821-001 07/01/2022 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 31 . 28 21 . 34 ---------------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct 383 Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 ---------------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 ** 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 ** 0 . 00 LABORER: Common or General . . . . . . $ 8 . 62 ** 0 . 00 LABORER: Pipelayer. . . . . . . . . . . . . . $ 10 . 45 ** 0 . 00 OPERATOR: Backhoe/Excavator. . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 ** 0 . 00 OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11 . 00 ** 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 ** 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 ** 3 . 33 ROOFER: Built Up, 384 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 ($15 . 00) or 13658 ($11 . 25) . 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 385 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 g o v./to g e ri c:�J c:;o ri l .r..to c: l 's . .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . 386 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 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i .e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all 387 rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE : UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- 388 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: Branch of Construction Wage Determinations Wage and Hour Division U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 389 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" 390 C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects). D. The number of years the person or entity has operated under its present name and any prior names. 56F-&- E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (if yes, provide details of the job, including where the job was located and the name of the owner.) YES ® NO lo. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners(this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES F-1 NO C. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any lawsuits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO 0� d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against Monroe County or been sued by Monroe County in connection with a contract to provide services, goods or construction services?This specifically includes PROPOSAL FORM 00120- Page 18 of 96 391 any present or prior entities in which the person, principal, entity, offi ;er, director or general partner of the proposing entity has been involved C-s a person, principal, entity, officer, director or general partner. (If yes, pro) ide details, include enough information about the judgment, claim, arbitrat on, or suit so that the Owner will able to obtain a copy of the judgment or cl im or locate the suit by location and case number.) YES [:] NOY I Whether, within the last five (5) years, the Owner, an officer, genE ral e. partner, controlling shareholder or major creditor of the person or entity v as an officer, general partner, controlling shareholder or major creditor of, ny other entity that failed to perform services or furnish goods similar to th( se sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owl ler to thoroughly consider the matter.) YES F� NO �( I [ Customer references (minimum of three), including address, and current telephone number. Credit References (minimum of thre,'), including name, current address, and current telephone number. ". Financial' statements for -_ prior -.r__ `_' ,-_— Please provide in a separate email for the Contractor's confidentiality, and clearly label t ie email "CONFIDENTIAL." ("Any financial statement that an agency requires a prospective bidder o submit in order to prequalify for bidding or for responding to a bid for a ro d or any other public works project is exempt from F.S. §1 19.07(l) a d s.24(a), Art. 1 of the State Constitution.") However, any financ al information the Contractor includes in the proposal packet, which is :)t marked as "Confidential", may be disclosed in any public records requ t and will not be treated as "Confidential." The County shall incur no liabil y for inadvertent disclosure of financial records that are not properly markel, . PROPC)S/\[ F[)F(K8 OUl28-Page 19of M 392 & _ NON-COLLUSION AFFID"IT 1, D v>1i 441�eva A J+ of the city of A , p C J'_? according to law on y oath, and under penalty of perjury, depose and say that: a. I am �r�e-5�L",-F of the firm of A/k�'rt-t� De.bv--. A/'Q 4i 0 the proposer maing the Proposal for the project described in the Request for Proposals for ti�1- 44r6l" -4 1 1 1,t,_ and that I executed the s 3id proposal with full authority to do so; b. The prices in this proposal have been arrived at independently without collusi )n, consultation, communication, or agreement for the purpose of restrict ng competition, as to any matter relating to such prices with any other proposer or v ith any competitor; and C. Unless otherwise required by law, the prices which have been quoted in t lis proposal have not been knowingly disclosed by the proposer and will not knowin 31y be disclosed by the proposer prior to proposal opening, directly or indirectly, to z ny other proposer or to any competitor-, and d. No attempt has been made or will be made by the proposer to induce any otier person, partnership or corporation to submit, or not to submit, a proposal for tie purpose of restricting competition; and e. The statements contained in this affidavit are true and correct, and made with i A knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of 9/physical presence or El online notarization, on (date) by (name of affiant). He/She is personally known to me or has produce I (type of identification) as identification. MAVIS FALCON fi'vi'Z'� My COMMISSION#HN 040&58 EXPIRES:October 3,2024 BMW TIVU ftY PW*Undwnhm NOTARY PUBLIC (SEAL) My Commission Expires: PROPOSALFORM 00120- Page 25 of 9 i 393 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE "2 (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." (Signature) Date: A1 STATE OF: -, COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of lei "'hysical presence or 0 online notarization, on ti 311_-7-Z-. (date) by -(name of affiant). He/She is personally known tome or has produced (type of identification) as identification. MAVIS FALCON My COMMISSION#HH 040W 4 E FALCON EXPIRES:October 3.2024 Banded Thru Notary Pdk Ur4evwrttm NOTARY PUBLIC My Commission Expires: PROPOSAL FORM 00120- Page 26 of 96 394 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes, Sec. 287.087, hereby certifies tf at: �Lvck_,_kN _,Vt (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribut' n, dispensing, possession, or use of a controlled substance is prohibited in the workpl ce and specifying the actions that will be taken against employees for violations Of SLch prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' pol cy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, a d employee assistance programs, and the penalties that may be imposed upon employe as for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services 0 at are under proposal 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 proposal, the employ )e will abide by the terms of the statement and will notify the employer of any conviction )f, 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 occurri ig in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistan e or rehabilitation program if such is available in the employee's community, or a ly employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace throu( h implementation of this section. As the person authorized to sign the statement, I cert that this firm co plies fully with the abol e requirements. )Al (Proposer's Signature) Date: STATE OF: COUNTY OF: Vt Subscribed and sworn to(or affirmed)before me, by means of 2-physical presence or 0 online notarizatio,i, on -12_ (date) by w a "10411111 lrs"31h_ (name If DI 0,701, - affiant). He/She is personally known to me or has prodUCE J (type of identification) as identification. 11J MAVIS FALCON 11It' 1'a-v, C MY�QW"ION#HN 040M 'c"I/t October 3,2024 Notay Pubk Undawritem NOTARY PUBLIC My Commission Expires: ukil", - PROPOSAL FORM 00120- Page 27 of 9 i 395 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a pu)Iic entity, 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 :he construction or repair of a public building or public work, may not submit bids on leases of val property to a public entity, may not be awarded or perform work as a contractor, suppler, 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, Flo r da Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being pla ed on the convicted vendor list." I have read the above and state that neither V4 i)116�)"Mol' 10Y (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. <')7 (Signature) Date: I O�34 STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of 0,15hysical presence or E-1 onlir e notarization, on Nd 1:��17,-,?-, (date) I y Div4ftwu (name of affiant). He/She is personally known o me or has produced (type of identification) as identification. MAVIS FALCON BU MY COMMISSION#HH 040 EMM:OcbW 3,2024 NOTARY PUBLIC BWKW Ttn Notm Public UpAerwifters (SEAL) My Commission Expires: PROPOSAL FORM 00120- Page 29 of 9 i 396 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(,): Respondent Vendor Name: V4kCtL,;--k Dc-L�, 9", ge 1,4 e- Vendor FEIN: 'Z Vendor's Authorized Representative Name and Title: I �V%1 Address: —9 9 9a /V P,/ (, X- r- City: A UL.L State: P-L- Zip: Phone Number: '-) �,I - 31 Email Address: P>&vt 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 goods 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 Petroleum Energy Sector 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 Petroleum Energy Sector 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 Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified B vvr I $I J who is authorized to sign on behalf of °referenc comp Authorized Signature: Print Name: Title: Note: The List are available at the following Department of Management Services Site: ht—tV.--//W—WW.-dms.mvflorida.coiii/business o2erations/state i)urchasinR/vendor i I nfor I mation/con,vlcte`asus t)ended discrim.inatoU ,q�lai�ntsyei�idor lists PROPOSAL FORM 00120-Page 30 of 96 397 BYRD-ANTI LOBBYING CERTIFICATION APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding$100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of he undersigned, to any person for influencing or attempting to influence an officer or emplw ee of an agency, a Member of Congress, an officer or employee of Congress, or an employe E Of a Member of Congress in connection with the awarding of any Federal contract, the mak ng of any Federal grant, the making of any Federal loan, the entering into of any cooperat ve agreement, and the extension, continuation, renewal, amendment, or modification of i ny Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of 2 ny agency, a Member of Congress, an officer or employee of Congress, or an employee o a Member of Congress in connection with this Federal contract, grant, loan, or cooperat ve agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Foi m to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that ill subrecipients shall certify and disclose accordingly. This certification is a mater al representation of fact upon which reliance was placed when this transaction was made )r entered into.Submission of this certification is a prerequisite for making or entering into tl is transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file tile required certification shall be subject to a civil penalty of not less than $10,000 and not mo-e than $100,000 for each such failure. The Contractor,AL.'N o,�Z P. L ,V 14" ' , certifies or affirms the truthfulness and accurai y of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 3 3, Administrative Remedies for False Claims and Statements, apply to this certification ar d disclos any. Signature of Contractor's Authorized Official 1.-elk 63/ Name and Title of Contractor's Authorized Official Date PROPOSAL FORM 00120- Page 31 of 9 i 398 DISC LOSIME OF LGBBYLNG ACMMUS �T__ r a?d TO r �'LQBBITMACM=SYLMSU.A-N7T03',US.0 AM 1, Type ofFed.eralActio.a., 2 Statu: of Fe4eralActiaw 3, Report T�)-Pe: 8&cortracr =a.1. gw t ituda'.1 ooperm nszmemaE C. povi-awozd :wn For Mount,Change 0mly: a. Lox parawee yw_ Z rmr joacimpAdwe dare of h-st.report A. Name and Address of R*parfing EmtW 5. IfRepaTtingEmtit.ti,iia.No.4isSmbnwardee. Enter-Nam azdAddres.;of Prime: F—Iraffia 0sut-,wm&:e Tier dko.mm Caulm''Imeal District,=z knowm Congressional Districk,ifimmm. 6. Federal DepartmenbAgincy: '7. Federal,Program NamtfMqbptjow CFDA Number.,if mmlicable 8, Federal,Act0m.Nvidber,ifknmT.: 9_ Award Amozmt,ifkmmm: 10. a. 'dame and Address of LobbF Endtv I ludhiAwls Performing Serwixes (mduding i7f`ia:h,%Jd-ja.4.','U'�awme,first name.'M�I, address if differew from 1410.I fti I,",ait CloUle,firSt.3131U.VZJ (arlach C ovtmuaticn,sbffz(B';if necessan�" 11. Amount of Payment(chark all&M,apply) 13. T),peof Payment(ch+cL-all that apply) S— D actual Oplatmed n a, retainer ❑ b. arse-time fee 11. FQTMDf Ch(PONWIlt, erk III that Rpply).' C Commisilor. F� a, Ca' ' d, -,mtiLzew fee F—I offkw(s),amploy*e(s),or tzember(s)comWtA for Payment Indicated iultem 11: (anach Coe tmuatan sheet"I;iftecasam".1') Yes EJ No W. :nfb=mma r;T=wd drval-L,,.Pma L,a zr-, try t"IC.SOIsin 13"ir T-Mi&scLoi=aIletk7* 'jinamne: riiz=4 was p ttod,hy ths wbAahi�-s3mm-itm wxe AAd.—.wvvm'=v- TL k aildmuzo il r4q,.iNd Prb�r Name, ELL tef,],fh&a,qk;d TO slc"_V.0 3MI w'.juca.thm",SI 3004.fu OE"t 5ILL LIE-mv. TeLembone No.': Cate: :tar bahzed:cz Lacm Repmdwtoa S,1=,L1jd Form-LU 2-6c PARTZiCCUNTY PROPOSAL FORM 00120- Page 32 of 96 399 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES 'This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing ofa form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards tinder grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI), 11, Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity (item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature' and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheets)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90(<ENDIF>> 2-6d PART 2/COUNTY PROPOSAL FORM 00120-Page 33 of 9 i 400 MINORITY OWNED BUSINESS DECLARATION by Monroe County during the completion of work osmooinQ with the below indicated project nnc) is a minority business enterprise, as defined in Sectiou208.703, Florida Statutes or � s not a minority business enterprise, as defined in Seciioo2@@.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 51-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 ofall 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|\xin8uniL B.S288.7O3(6) "Small business" means an independently owned and operated business concern that employs ZOO or fewer permanent full-time employees and that,together with its affiliates, has a net worth of not more than $S million or any firm based in this state which has 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. ~ Monroe County Signature Signature �� �� � ���� Print Name: »� � m���w^ �' «+�� ����~" ~°- Print Name: Title: Title: Addreu :~7,K? — OMB Dept: Verified via City/State/Zip: Ixutc: ]NEM Contract: FEMA Project Number: PROPOSAL FORM OU12O' Page 34of9G 401 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 12/05/2022 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 Lacie Lee Jones NAME: "' �!'ff Manny Morin Insurance Agency A/CNNo,Ext: 305-598-5821 aA✓c No): 305-598-0418 T'ft E-MAIL 10651 North Kendall Drive ADDRESS: lacie@mannymorin.com Suite 111 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33176 INSURERA: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B: MIAMI-DADE PUMP&SUPPLY CO INSURER 7870 NW 62ND ST INSURERD: INSURER E Miami FL 33166-3539 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ADD SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DA CLAIMS-MADE 1:1OCCUR PREM SESOEa oNcurDr.nce $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY K59 4923-1304-59C 08/04/2022 02/04/2023 Eaa aCOMccciden SINGLE LIMIT $ 1,000,000 ANY AUTO NON-OWNED AUTOS BODILY INJURY(Per person) $ A OWNED SCHEDULED X BODILY INJURY AUTOS ONLY X AUTOS (Per accident) $ X HIRED NON-OWNEDPRUPER DAMAGE AUTOS ONLY X AUTOS ONLY sr Per accident $ UMBRELLA LIAB OCCUR fly „„„,. �l EACH OCCURRENCE $ EXCESS LIAB -MADE "" _ 77 AGGREGATE $ RETENTIONDED $ T 12 WORKERS COMPENSATION 6 ,2 mm STATUTE ER $ AND EMPLOYERS'LIABILITY Y/N WAWA �=""°�"" ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is also additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE,L,Key West FL 33040 ..d . Z" /LQQ- @ 1988-2015 AC6AD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.14 04-'402 711/22/2022 E(MM/DDYYY) ACCORD® /Y CERTIFICATE OF LIABILITY INSURANCE 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 NAME: STEPHEN M. DENKERT Butler, Buckley, Deets, Inc. PHONE FAX 6505 Blue Lagoon Dr Suite 250 A/C No Ext: 7864171712 A/C,No):305-262-0187 E-MMiami FL 33126 ADDRESS: MARIANA@BBDINS.COM INSURER(S)AFFORDING COVERAGE NAIC# wsURERA: MONROE GUARANTY INS. CO. INSURED MIAMDAD-01 INSURERB: National Trust Ins Co 20141 MIAMI DADE PUMP&SUPPLY Co. DBA MIAMI PUMP &SUPPLY INSURERC: 7870 NW 62ND STREET INSURERD: MIAMI FL 33166-3539 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1769570503 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 MM/DD A X COMMERCIAL GENERAL LIABILITY Y GL100042418-04 5/1/2022 5/1/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO S( RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) $100,000 MED EXP(Any one person) $5,000 14 .n7"', PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO LOC 71� '. 28 . 22 _ „„ " ' PRODUCTS-COMP/OP AGG $2,000,000 JECTOTHER: $ AUTOMOBILE LIABILITY DAT " GL "-. — m COMBINED SINGLE LIMIT $ Ea accident ANY AUTO WAWW, "c BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR UMB100023933-05 5/1/2022 5/1/2023 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1 n nnn $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate holder is indicated as additional insured with respect to General Liability when required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 403 AC'C)R" CERTIFICATE OF LIABILITY INSURANCE DATE (MM 11/23/2022 YYW) l �- 22 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 Marsh Affinity y PHONE Marsh Affinity (A/C, o,Ext): 8007438130 FAX No): a division of Marsh USA Inc. E-MAIL ADPTotalSource@marsh.com PO Box 14404 ADDRESS: Des Moines,IA 50306-9686 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Illinois National Ins Co 23817 INSURED INSURER B: ADP TotalSource CO XXI,Inc. INSURER C: 5800 Windward Parkway INSURER D: Alpharetta,GA 30005 Alternate Employer: INSURER E: Miami Dade Pump&Supply Company INSURER F: 7870 NW 62ND ST Miami,FL 331660000 COVERAGES CERTIFICATE NUMBER: 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 TYPEOFINSURANCE ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYW) (MM/DD/YYW) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑OCCUR DAMAGE TO RENTED $ PREMISES Ea occurrence MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PELT LOC PRODUCTS-COMP/OP AGG $ OTHER: ISK, T $ AUTOMOBILE LIABILITY "^, COMBINED SINGLE LIMIT $ �P Ea accident ANY AUTO ,- ��.,� ---' �� BODILY INJURY(Per person) $ OWNED SCHEDULED 11 28 . 22 WC & EmiDl S 11 >�I� (P $ AUTOS ONLY AUTOSDATE ,....,,.... ,.... ., ,,, HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY WAMM tk .f Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N X STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A WC 053414668 FL 07/01/2022 07/01/2023 A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) All worksite employees working for Miami Dade Pump&Supply Company paid under ADP TOTALSOURCE,INC.'s payroll,are covered under the above stated policy.Miami Dade Pump&Supply Company is an alternate employer under this policy. CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC 1100 SIMONTON STREET SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE KEY WEST,FL 33040 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O ACORD 25(2016/03) ©1988-2015 ACORD CORPOP6XION.All rights reserved. The ACORD name and logo are registered marks of ACORD 404 AC'C)R" CERTIFICATE OF LIABILITY INSURANCE DATE (MM O6/28/2023 YYW) l �- 23 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 Marsh Affinity y PHONE Marsh Affinity (A/C, o,Ext): 8007438130 FAX No): a division of Marsh USA LLC. E-MAIL ADPTotalSource@marsh.com PO BOX 14404 ADDRESS: Des Moines,IA 50306-9686 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Illinois National Ins Co 23817 INSURED INSURER B: ADP TotalSource CO XXI,Inc. INSURER C: 5800 Windward Parkway INSURER D: Alpharetta,GA 30005 Alternate Employer: INSURER E: Miami Dade Pump&Supply Company INSURER F: 7870 NW 62ND ST Miami,FL 331660000 COVERAGES CERTIFICATE NUMBER: 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 TYPEOFINSURANCE ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYW) (MM/DD/YYW) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑OCCUR DAMAGE TO RENTED $ PREMISES Ea occurrence MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ POLICY PELT LOC By ln� PRODUCTS-COMP/OP AGG $ OTHER: DATE 6/3l/� 0 $ AUTOMOBILE LIABILITY WAIVER N/A YES COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N X STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A WC 034274994 FL 07/01/2023 07/01/2024 A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) All worksite employees working for Miami Dade Pump&Supply Company paid under ADP TOTALSOURCE, INC.'s payroll,are covered under the above stated policy.Miami Dade Pump&Supply Company is an alternate employer under this policy. CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC 1100 SIMONTON STREET SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE KEY WEST,FL 33040 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O ACORD 25(2016/03) ©1988-2015 ACORD CORPOP6XION.All rights reserved. The ACORD name and logo are registered marks of ACORD 405 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 6/28/2023 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 NAME: STEPHEN M. DENKERT Butler, Buckley, Deets, Inc. PHONE FAX 6505 Blue Lagoon Drive A/C No Ext: 17862161778 A/C,No):305-262-0187 E-MSuite 250 ADDRESS: MARIANA@BBDINS.COM Miami FL 33126 INSURER(S)AFFORDING COVERAGE NAIC# wsURERA: MONROE GUARANTY INS. CO. 32506 INSURED MIAMDAD-01 INSURERB: National Trust Ins Co 20141 MIAMI DADE PUMP&SUPPLY Co. DBA MIAMI PUMP&SUPPLY INSURERC: 7870 NW 62ND STREET INSURERD: MIAMI FL 33166-3539 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1993247357 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 MM/DD A X COMMERCIAL GENERAL LIABILITY Y GL100042418-05 5/1/2023 5/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $2,000,000 PRO- POLICY Ln JECT LOC By .a., .r . .w,_.....„„ =�'.,, �'r�"�* PRODUCTS-COMP/OP AGG $2,000,000 OTHER: DATE 61*2023 $ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ WAIVER NIA YES Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR UMB100023933-06 5/1/2023 5/1/2024 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1 n nnn $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate holder is indicated as additional insured with respect to General Liability when required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 406 A�" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/05/2024 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 Mann Morin NAME: y tote Mein Manny Morin PHONE Ext: 305-598-5821 FAX No: f E-MAIL 10651 North Kendall Drive Suite 111 ADDRESS: manny.morin.lr8t@statefarm.com INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33176 INSURERA: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B: MIAMI-DADE PUMP&SUPPLY CO INSURER 7 7870 NW 62ND ST INSURER 7 INSURER E: MIAMI FL 331663539 INSURERF: COVERAGES CERTIFICATE NUMBER: 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 ADD SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYY MM/DD/YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DA CLAIMS-MADE 1:1OCCUR PREM SESOEa occurDrence $ APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: „.-^" GENERAL AGGREGATE $ 5r ❑ PRO- ❑ DATE 2� /2OG4 .� POLICY JECT LOC WAIVER NIA YES PRODUCTS-COMP/OP AGG $ _ _ OTHER: $ AUTOMOBILE LIABILITY K59 4923-B04-59P Ea accident) LIMIT $ 1,000,000 02/04/2024 08/04/2024 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y N BODILY INJURY AUTOS ONLY AUTOS (Per accident) $ X HIRED NON-OWNED AUTOS ONLY X AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER $ ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is also additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 R G This form was system-generated on 02/05/2024 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 2005 155279 205 01- 407